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Articles 31 - 51 of 51
Full-Text Articles in Law
Sex, Religion, And Politics, Or The Future Of Healthcare Antidiscrimination Law, Elizabeth Sepper, Jessica L. Roberts
Sex, Religion, And Politics, Or The Future Of Healthcare Antidiscrimination Law, Elizabeth Sepper, Jessica L. Roberts
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Comment: Queer Womyn Of Color And Employment Discrimination Law In Wisconsin - Does Wisconsin Law Do Enough To Lift Anxiety?, Amber Lara
Marquette Benefits and Social Welfare Law Review
America's current leadership appears to actively seek out ways to isolate and oppress those who do not identify as cis-gender white heterosexual males. The purpose of this comment is to help readers understand the issues queer womyn of color face interacting with society on a daily basis. This comment will outline the harmful expectations of assimilation and how failure to assimilate may make these womyn targets in their work environments. This comment will also compare the handling of employment discrimination under Title VII and Wisconsin law and determine whether Wisconsin law in practice actually affords queer womyn of color more …
An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou
An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou
Marquette Benefits and Social Welfare Law Review
Advance directives (AD) are playing an increasingly important role in end-of-life medical care and treatment in ageing societies. A growing number of jurisdictions have introduced AD-related laws as a component of their medical and health care regulatory frameworks. This article presents an analytical account of why specific regulation on ADs has yet to develop in China, the most populous ageing society in the world. We argue that the regulatory vacuum to date can be partly explained by limited public demand, which can be further accounted by relatively low public awareness as well as the influence of traditional views on life-and-death …
Collateral Consequences For Justice-Involved Youth: A Model Approach To Reducing The Number Of Collateral Consequences, Jennica Janssen
Collateral Consequences For Justice-Involved Youth: A Model Approach To Reducing The Number Of Collateral Consequences, Jennica Janssen
Marquette Benefits and Social Welfare Law Review
Collateral consequences—stigma and disadvantages individuals face after becoming entangled in the legal system—for justiceinvolved youth differ by jurisdiction and number in the thousands. Although the American Bar Association (ABA) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) advocated for the reduction of juvenile collateral consequences over five years ago, after an initial surge in activism, the movement lost momentum. The Federal Advisory Committee on Juvenile Justice and several non-profit, public interest law firms, continue to advocate for the clarification of juvenile collateral consequences and the elimination of specific sanctions. This Note recognizes the importance of gathering juvenile collateral …
Lessons Learned From Texas' Special Education Cap, Raj Salhotra
Lessons Learned From Texas' Special Education Cap, Raj Salhotra
Marquette Benefits and Social Welfare Law Review
No abstract provided.
The Sincerely Religious Corporation, Richard Carlson
The Sincerely Religious Corporation, Richard Carlson
Marquette Benefits and Social Welfare Law Review
No abstract provided.
A Prescription For Teaching The Law Of Reasonable Religious And Disability Accommodation, Kerri Lynn Stone
A Prescription For Teaching The Law Of Reasonable Religious And Disability Accommodation, Kerri Lynn Stone
Marquette Benefits and Social Welfare Law Review
No abstract provided.
The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries
The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Marquette Law Review
This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …
Smoking Guns: The Supreme Court's Willingness To Lower Procedural Barriers To Merits Review In Cases Involving Egregious Racial Bias In The Criminal Justice System, Carrie Leonetti
Marquette Law Review
The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate’s claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court appears to have started down a different road, overlooking potential procedural hurdles in several cases to uphold on the merits state inmates’ claims that their criminal trials were tainted by explicit race discrimination. While these cases taken together seem to suggest that the Court is willing to address …
Tobacco Denormalization, Anti-Healthism, And Health Justice
Tobacco Denormalization, Anti-Healthism, And Health Justice
Marquette Benefits and Social Welfare Law Review
None
Inspiration Versus Exploitation: Traditional Cultural Expressions At The Hem Of The Fashion Industry, Elizabeth M. Lenjo
Inspiration Versus Exploitation: Traditional Cultural Expressions At The Hem Of The Fashion Industry, Elizabeth M. Lenjo
Marquette Intellectual Property Law Review
The fashion industry is a multitrillion dollar global industry. In 2016, consumers in the United States of America alone, spent almost $380 billion on apparel and footwear. Some may deride the fashion industry as lacking substance and mere “fluff,” but the numbers validate that it is important and extremely valuable “fluff.” After all, clothing and footwear are human necessities and are the main output from this sector that spans from high-end luxury brands to low-end necessities.
Clothing and fashion help define a culture and reflect individual identity. Throughout most of human history, regional variations in style and clothing served as …
Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk
Marquette Law Review
In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …
Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics
Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics
Marquette Sports Law Review
None
What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey
What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey
Marquette Law Review
Rarely has a court’s opinion, even one from the Supreme Court of the United States, so altered existing notions of constitutional criminal procedure law as did the opinion in Terry v. Ohio. On several levels, the opinion dramatically shifted the way in which the Fourth Amendment was understood. Law students who had learned about the probable cause “requirement” and the warrant “requirement” were surprised to learn, especially in the case of the former, that these “requirements” were not required at all. To continue to conceptualize the Fourth Amendment’s single sentence guarantees as consisting of a “warrant clause” and a “reasonableness” …
Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou
Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou
Marquette Benefits and Social Welfare Law Review
The psycho-legal concept of “rights apathy” is developed in
this Essay as an underlying factor of the very low rate of
incidence of workplace discrimination lawsuits filed in China,
despite an increasingly elaborate legal framework “on paper”
and workers’ rising awareness of their legal rights under
anti-discrimination laws. “Rights apathy” is underpinned by the
notions of “frustration” and “learned helplessness,” depicting the
indifference of workers in exercising their legal rights before a
tribunal or court. A number of institutional problems, namely
defects in existing anti-discrimination provisions, judicial
practices, and contradictions in other laws, policies, and
practices, can contribute to the …
Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid
Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid
Marquette Law Review
In 1996 the United States Congress passed the Defense of Marriage Act, which codified the federal definition of marriage as between one man and one woman. But in 2013 the United States Supreme Court struck down this definition of marriage and, for the first time, the federal government began recognizing same-sex marriages. However, many states, including Wisconsin, continued to have state bans on same-sex marriage, and many of these bans have recently been challenged in state and federal courts. The effect of this has been a patchwork of laws that provide same-sex couples different rights based upon the state in …
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Marquette Law Review
none
Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato
Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato
Marquette Law Review
none
Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance, Natalie S. Neals
Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance, Natalie S. Neals
Marquette Law Review
This Comment critically analyzes the split in the circuits over the second prong of the Ellerth/Faragher defense. Further, this Comment predicts how the Seventh Circuit will rule on this split. The Ellerth/Faragher defense is an affirmative defense available to employers who would otherwise be held liable for their supervisors’ harassing acts in hostile work environment situations. There are two prongs to the defense: (1) “the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior” and (2) “the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to …