Law Commons^™

Amicus Brief In "Robincheaux V. Caldwell", Tanya Washington, Catherine Smith, Susannah Pollvogt

Tanya Monique Washington

No abstract provided.

How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

The Fundamental Right To A Travel Passport Under Nigerian Law: An Integrated Viewpoint, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

Choice, Equality And Tales Of Racial Discrimination: Reading The Supreme Court On Section 15, Sonia Lawrence

Sonia Lawrence

No abstract provided.

Law & Politics After September 11th: Civil Rights & The Rule Of Law, Trevor Farrow

Trevor C. W. Farrow

No abstract provided.

Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (West Group 4th Ed. 1997 & Supp. 1998-2015) (Now Available On Westlaw As Civliblit), Sheldon Nahmod

Sheldon Nahmod

From Slavery To Obama: The Affirmative Action Revolution, Tanya Washington

Tanya Monique Washington

No abstract provided.

Loving V. Virginia In A Post-Racial World: Rethinking Race, Sex, And Marriage, Kevin Maillard, Rose Villazor, Victor Romero

Victor C. Romero

Victor Romero is a contributing author: "Loving Across the Miles: Binational Same-Sex Marriages" pages 217-234. In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a …

The Encyclopedia Of American Civil Liberties, Paul Finkelman, Victor Romero

Victor C. Romero

Victor Romero contributed the following encyclopedia entries: "Civil Liberties of Aliens"; "Race and Immigration"; "Criminal Law/Civil Liberties and Noncitizens in the U.S."; "Illegitimacy and Immigration"; "Homosexuality and Immigration"; "Ambach v. Norwick"; "United States v. Verdugo-Urquidez"; "Fiallo v. Bell"; "INS v,. Chadha"; and "In re Griffiths."

This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties.

- From the Publisher

Alienated: Immigrant Rights, The Constitution, And Equality In America, Victor Romero

Victor C. Romero

Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a "legitimate" proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguable increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a "constitutional immigration law paradox" …

A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York

Sarah York

This paper suggests that the 3^rd Amendment has not been properly analyzed by the Court to reflect its broad basis and the intent of the founding fathers concerning the limitations on the use of military force on the civilian population. The paper specifically examines the 1033 program that streamlines the process for domestic police forces to take possession of military surplus weapons, vehicles, and tactical gear. The Posse Comitatus and the documented discussions of the founding fathers are used to support the argument that the 3^rd Amendment was not meant to be limited to a strict interpretation of …

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …

A Struggle For Recognition: The Controversy Over Religious Liberty, Civil Rights, And Same-Sex Marriage (Forthcoming), Steven Heyman

Steven J. Heyman

No abstract provided.

The Potential Impact Of Hobby Lobby On Lgbt Civil Rights?, Vincent Samar

Vincent Samar

The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …