Law Commons^™

Violent Sex: How Gender-Based Violence Is Structured In Haiti, Healthcare & Hiv/Aids, Chanelle Fox

Indiana Journal of Law and Social Equality

Healthcare is a basic right that must be protected. Although international policy and domestic law should be designed to protect human rights and equality, little attention has been given to the cumulative effect of the global healthcare system as evidenced in the domestic application of healthcare initiatives. This Note critically analyzes international treaties, domestic law, and HIV/AIDS-related initiatives in Haiti to evaluate the efficacy of the global healthcare system. It argues that this system is structurally violent against women, and that this violence is perpetuated through policy and law. Law, policy, and healthcare must better address systemic issues of gender-based …

Disappearing Diversity? Fcc Deregulation And The Effect On Minority Station Ownership, Jason Allen

Indiana Journal of Law and Social Equality

Latinos, African Americans, Asian Americans, and Native Americans combine to constitute a full third of the American population, yet recent studies show these minority groups only represent 4.6% of the ownership of all television stations and 7.24% of the ownership of all radio stations. In a similar vein, women comprise approximately 51% of the country’s population; nevertheless, females own only around 6% of commercial television stations and commercial broadcast radio stations in the United States. These statistics have led many, from human rights watchdogs to media policymakers, to note with some dismay the modest efforts made by the FCC to …

Unfinished Equality: The Case Of Black Boys, Nancy Dowd

Indiana Journal of Law and Social Equality

Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …

The Obama Administration's Civil Rights Record: The Difference An Administration Makes, Michael L. Selmi

Indiana Journal of Law and Social Equality

This Article reviews the Obama administration’s civil rights record during its first administration, with a particular focus on the Civil Rights Division of the Department of Justice and the Equal Employment Opportunity Commission (EEOC). The review finds that although the Obama administration has generally been supportive of progressive causes, particularly in the Supreme Court and among issues relating to homosexuals, its enforcement activities have generally been quite limited. On a quantitative basis, the Obama administration’s civil rights enforcement typically falls at the same level or below that of the prior Bush administration, and with a few exceptions (mortgage discrimination and …

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Indiana Journal of Law and Social Equality

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This Article highlights one feature of bias against women coaches—gender bias by female athletes—as a counter-paradigm that presents a challenge to the dominant frame of discrimination law.

The …

Obama's Immigration Reform: The Triumph Of Executive Action, John D. Skrentny, Jane Lilly López

Indiana Journal of Law and Social Equality

During the 2008 election, President Barack Obama promised Latino voters that, if elected, he would deliver comprehensive immigration reform including a legalization plan for many if not all of the millions of undocumented immigrants in the United States. However, this reform would require an act of Congress, and Obama failed to deliver during his first term. Yet Obama won an even larger share of the Latino vote in 2012 than he had in 2008. How was this possible? We argue that the Obama administration maintained and expanded its support from Latino voters by exploiting legal possibilities for executive action through …

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

Indiana Journal of Law and Social Equality

No abstract provided.

Changing The Narrative Of Neonaticide, Julie Spain

Indiana Journal of Law and Social Equality

No abstract provided.

Why It Is They And Not We Who Sit On The Woolsack—A Motion To Dismiss In Eeoc V. United Parcel Service In The Northern District Of Illinois, John C. Hendrickson

Indiana Journal of Law and Social Equality

No abstract provided.

Still Standing In The Schoolhouse Door: Deconstructing Brown's Bias And Reconstructing Its Remedy, Bryan K. Fair

Indiana Journal of Law and Social Equality

No abstract provided.

Reintegrating Detroit: Using Affirmative Action To Remedy The Discriminatory Effect Of Eminent Domain Takings For Economic Development, Sarah Domin

Indiana Journal of Law and Social Equality

This Note discusses eminent domain in blighted areas of Detroit, Michigan, where economic downturn combined with a shrinking population has led to large-scale demolitions in parts of the city. The central argument of this Note is that government takings for the purposes of economic development and blight eradication that fall heavily on minority populations should be allowed for their economic benefit so long as they are carefully tailored to improve racial diversity in the outcome. In spite of their disproportionate impact on poor, less-educated, and minority homeowners, takings for blight eradication should not be restricted in cities like Detroit, where …

California’S Conversion: A Ban On Minor Conversion Therapy And The Effect On Other States, Julie Laemmle

Indiana Journal of Law and Social Equality

No abstract provided.

An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella

Indiana Journal of Law and Social Equality

No abstract provided.

Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich

Indiana Journal of Law and Social Equality

No abstract provided.

If A Right To Health Care Is Argued In The Supreme Court, Does Anybody Hear It?, W. David Koeninger

Indiana Journal of Law and Social Equality

No abstract provided.

Intimacy And Inequality: The Changing Contours Of Family Life, Richard R. Banks

Indiana Journal of Law and Social Equality

No abstract provided.

Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes

Indiana Journal of Law and Social Equality

No abstract provided.

Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders

Indiana Journal of Law and Social Equality

No abstract provided.

Rights Of Belonging For Women, Rebecca E. Zietlow

Indiana Journal of Law and Social Equality

No abstract provided.

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon

Indiana Journal of Law and Social Equality

No abstract provided.

Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton

Indiana Journal of Law and Social Equality

No abstract provided.