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Civil Rights and Discrimination

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Articles in Law Reviews & Other Academic Journals

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2017

Articles 1 - 6 of 6

Full-Text Articles in Law

Analyzing Social Impairments Under Title I Of The Americans With Disabilities Act, Susan Carle Jan 2017

Analyzing Social Impairments Under Title I Of The Americans With Disabilities Act, Susan Carle

Articles in Law Reviews & Other Academic Journals

This Article starts from the important contributions of the neurodiversity movement, which emphasizes the benefits of an expanded view of protecting human difference. These differences include variations in brain structure, behavior, and social functioning. Social impairments are a potential feature of many disabilities covered under the employment antidiscrimination provisions of Title I of the Americans with Disabilities Act ("ADA"), but the legal literature has not yet focused on the analytic issues social impairments present. This Article analyzes how the ADA's employment protections should apply in the social impairments context.Congress's enactment of the Americans with Disabilities Act Amendments ("ADAAA") in 2008 …

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Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea Jan 2017

Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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If You've Seen One, You Have Not Seen Them All, David Spratt Jan 2017

If You've Seen One, You Have Not Seen Them All, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Can The Government Deport Immigrants Using Information It Encouraged Them To Provide?, Amanda Frost Jan 2017

Can The Government Deport Immigrants Using Information It Encouraged Them To Provide?, Amanda Frost

Articles in Law Reviews & Other Academic Journals

This Essay describes the legal and policy issues raised by any systematic effort to deport unauthorized immigrants based on information the government invited them to provide. Part I briefly surveys some of the major laws, regulations, and programs that encourage unauthorized immigrants to identify themselves. Part II analyzes the strengths and weaknesses of the statutory and constitutional arguments that immigrants could raise as a defense against deportations based on self-reported data. Part III explains that even if the government’s systematic use of such data to deport unauthorized immigrants is legal, doing so would be a poor policy choice for any …

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Obama's Conversion On Same-Sex Marriage, Robert Tsai Jan 2017

Obama's Conversion On Same-Sex Marriage, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay explores how presidents who wish to seize a leadership role over the development of rights must tend to the social foundations of those rights. Broad cultural changes alone do not guarantee success, nor do they dictate the substance of constitutional ideas. Rather, presidential aides must actively re-characterize the social conditions in which rights are made, disseminated, and enforced. An administration must articulate a strategically plausible theory of a particular right, ensure there is cultural and institutional support for that right, and work to minimize blowback. Executive branch officials must seek to transform and popularize legal concepts while working …

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Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson Jan 2017

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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