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Full-Text Articles in Law

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Eeoc Win Shows What Trump Era Might Undo, Arthur S. Leonard Jan 2016

Eeoc Win Shows What Trump Era Might Undo, Arthur S. Leonard

Other Publications

No abstract provided.


We'll Always Be Bosom Buddies, Arthur S. Leonard Jan 2016

We'll Always Be Bosom Buddies, Arthur S. Leonard

Other Publications

No abstract provided.


Only Straight Students Protected From Homophobic Harassment!, Arthur S. Leonard Jan 2016

Only Straight Students Protected From Homophobic Harassment!, Arthur S. Leonard

Other Publications

No abstract provided.


Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard Jan 2016

Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard

Other Publications

No abstract provided.


Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard Jan 2016

Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard

Other Publications

No abstract provided.


On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard Jan 2016

On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Lgbt Law Notes, Arthur S. Leonard Jan 2016

Lgbt Law Notes, Arthur S. Leonard

Other Publications

No abstract provided.


Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr. Jan 2015

Reflections On The Fiftieth Anniversary Of The March And The Speech: History, Memory, Values, Edward A. Purcell, Jr.

Articles & Chapters

This article considers the significance of the Civil Rights Movement of the 1950s and 1960s, focusing on one of its signature events, the March on Washington in 1963 and the “I Have a Dream” speech that Martin Luther King gave on the occasion. Blending historical analysis with personal memory, it considers the long struggle for civil rights, the impact of both the March and the Speech, and the meaning they held for those who shared their ideals and sought to fulfill their goals. The article then traces the decline of the Civil Rights Movement in the altered political and social …


One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood Jan 2015

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

Articles & Chapters

No abstract provided.


Are Prosecutors The Constitution's Gatekeepers?, Rebecca Roiphe Jan 2015

Are Prosecutors The Constitution's Gatekeepers?, Rebecca Roiphe

Articles & Chapters

No abstract provided.


Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer Jan 2015

Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer

Articles & Chapters

No abstract provided.


Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard Jan 2014

Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard

Other Publications

No abstract provided.


$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard Jan 2014

$1.6 Million Employment Bias Award Upheld By Manhattan Appeals Court, Arthur S. Leonard

Other Publications

No abstract provided.


Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer Jan 2014

Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer

Articles & Chapters

In Fisher v. University of Texas at Austin, the United States Supreme Court ruled that colleges and universities could continue to consider race or ethnicity as one of several factors in an admissions policy that seeks to achieve broad diversity goals. To the relief of proponents of race-conscious admissions programs, the Fisher Court affirmed that the 'educational benefits' that flow from a diverse student body are a compelling government interest under strict scrutiny analysis. The Court further upheld the determination that Grutter mandates 'deference to the University’s conclusion, based on its experience and expertise, that a diverse student body would …


There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer Jan 2013

There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer

Articles & Chapters

This essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.

The essay charts …


$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard Jan 2013

$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard

Other Publications

No abstract provided.


'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin Jan 2013

'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin

Articles & Chapters

Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …


Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard Jan 2013

Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano Jan 2012

Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano

Articles & Chapters

This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.


You Kill Me: Why I Don’T Want To Live Around People With Guns, Brandt Goldstein Jan 2012

You Kill Me: Why I Don’T Want To Live Around People With Guns, Brandt Goldstein

Other Publications

No abstract provided.


The Fiscal Crisis As An Opportunity For Criminal Justice Reform: Defenders Building Alliances With Fiscal Conservatives, Randolph N. Jonakait, Larry Eger Jan 2012

The Fiscal Crisis As An Opportunity For Criminal Justice Reform: Defenders Building Alliances With Fiscal Conservatives, Randolph N. Jonakait, Larry Eger

Articles & Chapters

No abstract provided.


Promoting Social Change In Asia And The Pacific: The Need For A Disability Rights Tribunal To Give Life To The Un Convention On The Rights Of Persons With Disabilities, Michael L. Perlin Jan 2012

Promoting Social Change In Asia And The Pacific: The Need For A Disability Rights Tribunal To Give Life To The Un Convention On The Rights Of Persons With Disabilities, Michael L. Perlin

Articles & Chapters

There is no question that the existence of regional human rights courts and commissions has been an essential element in the enforcement of international human rights in those regions of the world where such tribunals exist. In the specific area of mental disability law, there is now a remarkably robust body of case law from the European Court on Human Rights, some significant and transformative decisions from the Inter-American Commission on Human Rights, and at least one major case from the African Commission onHuman Rights.

In Asia and the Pacific region, however, there is no such body. Many reasons have …


Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin Jan 2011

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Articles & Chapters

A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …


Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman Jan 2010

Reflections On Substance And Form In The Civil Rights Classroom, Doni Gewirtzman

Articles & Chapters

Legal education typically treats substance and form as unrelated entities -- the same pedagogical structure and tools are used regardless of the nature of the course. This Essay attempts to align the way we teach civil rights law with the nature of the subject matter by exploring three central conflicts that touch on both substance and form: the battle between coercion and freedom, the battle between public and private, and the battle between law and love. It argues that while the form of legal education polarizes each of these divides, the substance of civil rights law takes a more ambiguous …


Introduction [Comments], Andrew Scherer Jan 2009

Introduction [Comments], Andrew Scherer

Articles & Chapters

No abstract provided.


Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer Jan 2009

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

Articles & Chapters

No abstract provided.


Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin Jan 2008

Through The Wild Cathedral Evening: Barriers, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons withDisabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us to …


Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer Jan 2008

Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer

Articles & Chapters

No abstract provided.


Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer Feb 2007

Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer

Articles & Chapters

In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted with …