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Articles 1 - 16 of 16

Full-Text Articles in Law

Do Unions Promote Rights For People With Disabilities?, Lilach Lurie Jul 2017

Do Unions Promote Rights For People With Disabilities?, Lilach Lurie

Indiana Journal of Law and Social Equality

Scholars and international organizations emphasize the role of unions in promoting disability rights. Nonetheless, previous studies showed that unions may underrepresent people with disabilities. The current research aims to contribute to this debate through an empirical examination of collective agreements in Israel. The research shows that although collective agreements in Israel promote disability insurance and job security for people with disabilities, they do not promote accommodations or employability security for workers with disabilities. Moreover, the research shows that coordination between unions and disability organizations is essential to promote the rights of workers with disabilities. Lastly, the research emphasizes the importance …


Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen Jul 2017

Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen

Indiana Journal of Law and Social Equality

Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by …


“Toiling In The Danger And In The Morals Of Despair”: Risk, Security, Danger, The Constitution, And The Clinician’S Dilemma, Michael L. Perlin, Alison Julia Lynch Jul 2017

“Toiling In The Danger And In The Morals Of Despair”: Risk, Security, Danger, The Constitution, And The Clinician’S Dilemma, Michael L. Perlin, Alison Julia Lynch

Indiana Journal of Law and Social Equality

No abstract provided.


Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores Jun 2017

Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores

Indiana Journal of Law and Social Equality

No abstract provided.


What Does The Foxx Say? An Analysis On The Potential Impact Of The Eeoc’S Official Position That Discrimination On The Basis Of Sexual Orientation Is Itself A Form Of Sex Discrimination, Elizabeth Halet May 2017

What Does The Foxx Say? An Analysis On The Potential Impact Of The Eeoc’S Official Position That Discrimination On The Basis Of Sexual Orientation Is Itself A Form Of Sex Discrimination, Elizabeth Halet

Indiana Journal of Law and Social Equality

No abstract provided.


Empowering Sister Wives: Why The Relationships Between Wives In Polygynous Marriages Deserve Legal Recognition, Stephanie Halsted May 2017

Empowering Sister Wives: Why The Relationships Between Wives In Polygynous Marriages Deserve Legal Recognition, Stephanie Halsted

Indiana Journal of Law and Social Equality

No abstract provided.


Current Criminal Justice System Policy Reform Movements: The Problem Of Unintended Consequences, Robert D. Crutchfield May 2017

Current Criminal Justice System Policy Reform Movements: The Problem Of Unintended Consequences, Robert D. Crutchfield

Indiana Journal of Law and Social Equality

The history of criminal justice reform in the United States has numerous examples of both good and negative consequences. Frequently the latter have been unintended and unexpected. In this article, I point to several potential unintended consequences of the current, bipartisan push for criminal justice reform and how they may be exacerbated by the failure of policy makers to heed the knowledge of both academic criminologists and criminal justice system practitioners. Criminal justice reform can minimize the possibility of unintended negative consequences by using this knowledge and by following time honored principles of justice.


Demography In America: Gifted Education For A Growing Population Of English Language Learners, Lisa P. Wiggin May 2017

Demography In America: Gifted Education For A Growing Population Of English Language Learners, Lisa P. Wiggin

Indiana Journal of Law and Social Equality

Most states are experiencing growth in their numbers of public-school students with limited English proficiency. Although many of these students possess the cognitive abilities to warrant placement in gifted programs, they are frequently overlooked in the identification process. As the United States economy increasingly relies on highly-educated workers, it becomes imperative to give our brightest students opportunities to develop their true academic potential, despite the fact that their English-language fluency is still developing. Three states already recognize the need to identify English Language Learners for gifted-education programs, and their policies offer examples to other states hoping to address this challenge.


Poverty And Patents: Intellectual Property Policy And Economic Inequality, Wenkai Tzeng May 2017

Poverty And Patents: Intellectual Property Policy And Economic Inequality, Wenkai Tzeng

Indiana Journal of Law and Social Equality

No abstract provided.


Why The 1960 Lunch Counter Sit-Ins Worked: A Case Study Of Law And Social Movement Mobilization, Christopher W. Schmidt May 2017

Why The 1960 Lunch Counter Sit-Ins Worked: A Case Study Of Law And Social Movement Mobilization, Christopher W. Schmidt

Indiana Journal of Law and Social Equality

No abstract provided.


Martin Luther King Jr.’S Perjury Trial: A Potential Turning Point And A Footnote To History, Leonard Rubinowitz Apr 2017

Martin Luther King Jr.’S Perjury Trial: A Potential Turning Point And A Footnote To History, Leonard Rubinowitz

Indiana Journal of Law and Social Equality

No abstract provided.


Indiana Journal Of Law & Social Equality Volume 5, Issue 1 Mar 2017

Indiana Journal Of Law & Social Equality Volume 5, Issue 1

Indiana Journal of Law and Social Equality

No abstract provided.


Fair Representation In Local Government, Ruth Greenwood Mar 2017

Fair Representation In Local Government, Ruth Greenwood

Indiana Journal of Law and Social Equality

This Article focuses on my work in Illinois to use the Voting Rights Act (VRA) to improve minority representation at the local level, but the themes and findings are applicable across the country because many states have growing minority populations in the suburbs just outside of large city centers. These minority populations tend to be much less segregated than the minority communities in the cities, and so it is more difficult to use Section 2 of the VRA (“Section 2”) to ensure both descriptive and substantive representation. I recommend the use of fair representation systems like ranked choice and cumulative …


From Suspended To Destitute: The Disproportionate Effect Of Out-Of-School Suspensions On Low-Income Families, Francesca Hoffmann Feb 2017

From Suspended To Destitute: The Disproportionate Effect Of Out-Of-School Suspensions On Low-Income Families, Francesca Hoffmann

Indiana Journal of Law and Social Equality

No abstract provided.


Organizing In The Shadows: Limits On Union Organization Of Undocumented Day Laborers, Paige Coomer Jan 2017

Organizing In The Shadows: Limits On Union Organization Of Undocumented Day Laborers, Paige Coomer

Indiana Journal of Law and Social Equality

This Note illustrates how the current US labor scheme acts as an impediment to union organization of undocumented day laborers. While the market for these contingent workers grows, so too does the need for worker protection from abuses. However, unions face legal and structural barriers that prevent them from effectively organizing day laborers. Ultimately, these legal and structural barriers show that the US labor scheme as a whole is incapable of effectively responding to the needs of day laborers, and by extension, to the needs of a globalized, migrant workforce. My Note argues that by failing to adapt to changes …


The Process Of Power: A Process-Oriented Approach To Dissecting A Group’S Political Power, Pat Andriola Jan 2017

The Process Of Power: A Process-Oriented Approach To Dissecting A Group’S Political Power, Pat Andriola

Indiana Journal of Law and Social Equality

Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power," the idea being that the judiciary ought not step in on their behalf if there are legislative outlets available to them. But how should a court determine whether a group is politically powerful (or powerless)? This article argues that the typical indicia of political power relied on by the courts are unwisely based on political outputs, or what minority groups strive for (such as laws in their favor), rather than political inputs, or the things that determine whether groups can get political outputs …