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Full-Text Articles in Law
EnoughS Enough: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce
EnoughS Enough: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce
American Indian Law Journal
Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
Northwestern University Law Review
This Essay contends that the Trump Administration’s ban on transgender individuals serving in the military is based on prejudice and bias, lacking any legitimate justification. As such, the transgender military ban cannot be justified on legal grounds. Nor can it be justified based on health and safety. Engaging a robust empirical record, the authors show that the ban cannot be justified based on matters of efficiency, preparedness, or combat readiness—arguments used by the Trump Administration to justify the ban. Despite transgender individuals serving openly in the military in recent years, the Trump Administration has not been able to offer in …
Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan
Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan
Pace International Law Review
On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.
Joaquin Ávila: America At Its Best, Luis Ricardo Fraga
Joaquin Ávila: America At Its Best, Luis Ricardo Fraga
Seattle Journal for Social Justice
No abstract provided.
Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang
Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang
Seattle Journal for Social Justice
No abstract provided.
Joaquin Ávila: Voting Rights Gladiator, Barbara Y. Philips
Joaquin Ávila: Voting Rights Gladiator, Barbara Y. Philips
Seattle Journal for Social Justice
No abstract provided.
Joaquin – The Congenital Warrior, Tayyab Mahmud
Joaquin – The Congenital Warrior, Tayyab Mahmud
Seattle Journal for Social Justice
No abstract provided.
Some Thoughts On Joaquin Ávila, Bill Tamayo
Some Thoughts On Joaquin Ávila, Bill Tamayo
Seattle Journal for Social Justice
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
Arkansas Law Review
The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …
Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon
Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon
Indiana Journal of Law and Social Equality
The last few decades have seen a dramatic change in the way in which Americans view LGBT rights, and the right to same-sex marriage in particular. In 1972, the Supreme Court issued its first opinion on same-sex marriage. In sharp contrast with Obergefell v. Hodges, which established the constitutional right to marriage equality in 2015, the case of Baker v. Nelson held in one sentence that the idea that such a right might exist was not even worth discussing. What happened in the intervening forty years to change the outcome so profoundly? And how can attorneys seek to replicate …
Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder
Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder
Ohio Northern University Law Review
American lesbian, gay, bisexual, and transgender (LGBT) workers have made great strides toward equal employment rights, and the trend toward equal rights is clear. Still, 52% of LGBT workers can be denied employment or fired simply for being LGBT. This state of the law makes the U.S. lag behind many of its major trading partners, who have already established equal employment in their national laws. While there are a number of routes U.S. law may soon take to end LGBT employment discrimination, private firms, especially those with international operations, will need to determine the best course to take. Major U.S. …
Bank Of America Corporation V. City Of Miami, Veronica Nicholson
Bank Of America Corporation V. City Of Miami, Veronica Nicholson
Ohio Northern University Law Review
No abstract provided.
In Defense Of Human Rights, Karima Bennoune
In Defense Of Human Rights, Karima Bennoune
Vanderbilt Journal of Transnational Law
This Article argues that international human rights law, and the human rights movement more generally, need more defenders than critics in the current international political environment. Groups ranging from academics to governments have taken stances critical of human rights, and this Article seeks to defend the rights framework from some of these while also arguing for the importance of human rights in today's world. Noting that the field of human rights is not beyond criticism, this Article embraces some of those criticisms. However, it suggests that human rights law specialists need to spend at least as much time defending human …
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
FIU Law Review
No abstract provided.
The Quasi-Parent Conundrum, Michael J. Higdon
The Quasi-Parent Conundrum, Michael J. Higdon
University of Colorado Law Review
Although family law is very much concerned with legal parentage and its attendant rights, children are much more concerned with maintaining relationships with those who care for them, regardless of whether that person is a legal parent or someone functioning as one. What happens though if the child's legal parent attempts to banish the quasi-parent from the child's life? Doing so can be extremely damaging to the child. Nonetheless, parents do possess a constitutional right to make decisions about how to rear their children, including who may have access to the child.
Trying to strike a balance between protecting the …