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- Sheldon Nahmod (7)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (West Group 4th Ed. 1997 & Supp. 1998-2015) (Now Available On Westlaw As Civliblit), Sheldon Nahmod
Sheldon Nahmod
Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett
Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett
William R. Corbett
No abstract provided.
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
Policing Terrorists In The Community, Sahar F. Aziz
Policing Terrorists In The Community, Sahar F. Aziz
Sahar F. Aziz
Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …
Occupy Wall Street And The U.S. Army's 82nd Airborne Division: A Hypothetical Examination Of The Slippery Slope Of Military Intervention During Civil Disturbance, Mckay Smith
McKay Smith
Throughout 2011, the world was an incredibly angry place. The global economy was in disarray. The streets of Tunisia, Egypt, Libya, and Syria had erupted in unprecedented violence. While Americans watched events spiral out of control abroad, a new movement was taking shape domestically. The Occupy movement is a self-described, nonpartisan protest movement targeting economic injustice and social inequality. At its core, however, many domestic protestors also vocally deride the current state of U.S. politics. This article analyzes the Army’s authority to collect information in support of domestic operations, particularly operations aimed at quelling civil disturbance. Historically, the use of …
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Exclusionary Zoning Enforcement, Passé Or Alive And Kicking?, Tim Iglesias
Tim Iglesias
This article reviews several recent state cases challenging zoning actions as exclusionary. It identifies patterns in the cases and finds that under certain circumstances courts will limit local governments’ exclusionary actions.
Racing To Justice : Transforming Our Conceptions Of Self And Other To Build An Inclusive Society, John Powell
Racing To Justice : Transforming Our Conceptions Of Self And Other To Build An Inclusive Society, John Powell
john a. powell
No abstract provided.
Professional Identity As Advocacy: The Good, The Bad, The Unseen, Robert Rubinson
Professional Identity As Advocacy: The Good, The Bad, The Unseen, Robert Rubinson
Robert Rubinson
The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of “professional identity as advocacy” describes how such professional sub-groups accuse opposing sub-groups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …
Representative Self-Government And The Declaration Of Independence, Alexander Tsesis
Representative Self-Government And The Declaration Of Independence, Alexander Tsesis
Alexander Tsesis
Legal scholars typically treat the Declaration of Independence as a purely historical document, but as this article explains, the Declaration is relevant to legislative and judicial decisionmaking. After describing why this founding document contains legal significance, I examine two contemporary legal issues through the lens of the Declaration’s prescriptions.
Section 5 of the Fourteenth Amendment grants Congress the power to make laws that enforce the civil rights clauses in the amendment’s first four sections. In City of Boerne v. Flores and its progeny, however, the Supreme Court decided that it alone can identify fundamental rights and relegated Congress’s power under …
Reclaiming The Promise Of The Indian Child Welfare Act: A Study Of State Incorporation And Adoption Of Legal Protections For Indian Status Offenders, Thalia Gonzalez
Reclaiming The Promise Of The Indian Child Welfare Act: A Study Of State Incorporation And Adoption Of Legal Protections For Indian Status Offenders, Thalia Gonzalez
Thalia Gonzalez
No abstract provided.
Just The Facts: The Perils Of Expert Testimony And Findings Of Fact In Gay Rights Litigation, Libby Adler
Just The Facts: The Perils Of Expert Testimony And Findings Of Fact In Gay Rights Litigation, Libby Adler
Libby S. Adler
Before Perry v. Schwarzenegger, striking down Proposition 8 in California, the judicial victories for same-sex marriage all had been decided on motions for summary judgment. None required the testimony of witnesses; none produced a trial transcript; none resulted in findings of fact. But Judge Vaughn Walker of the Northern District of California presided over a trial. He made eighty separate factual findings, many of them facts about gay people drawn from the testimony of plaintiffs’ experts – and many are contradictory. The plaintiffs called experts who testified that gay people are virtually indistinguishable from straight people, arguing that “like things …
Reflections On Fair Housing Law, Tim Iglesias
Reflections On Fair Housing Law, Tim Iglesias
Tim Iglesias
This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.
Just The Facts: The Perils Of Expert Testimony And Findings Of Fact In Gay Rights Litigation, Libby Adler
Just The Facts: The Perils Of Expert Testimony And Findings Of Fact In Gay Rights Litigation, Libby Adler
Libby S. Adler
ABSTRACT Just the Facts: The Perils of Expert Testimony and Findings of Fact in Gay Rights Litigation Before Perry v. Schwarzenegger, striking down Proposition 8 in California, the judicial victories for same-sex marriage all had been decided on motions for summary judgment. None required the testimony of witnesses; none produced a trial transcript; none resulted in findings of fact. But Judge Vaughn Walker of the Northern District of California presided over a trial. He made eighty separate factual findings, many of them facts about gay people drawn from the testimony of plaintiffs’ experts – and many are contradictory. The plaintiffs …
The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases, Henry Rose
The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases, Henry Rose
Henry Rose
The Due Process Rights of Residential Tenants in Mortgage Foreclosure Cases
(Abstract)
A group who have been hard hit by the recent mortgage foreclosure crisis in the United States are residential tenants. It is estimated that forty percent of the households who have been displaced by mortgage foreclosures are tenants.
Some tenants have been evicted from their homes without notice pursuant to foreclosures of the mortgages on the buildings where they reside. In states which require judicial supervision of mortgage foreclosures, it likely violates basic principles of procedural Due Process for tenants to be evicted without notice. In states that …
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert M. Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
Due Process In Civil Commitments, Alexander Tsesis
Due Process In Civil Commitments, Alexander Tsesis
Alexander Tsesis
In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by “clear and convincing evidence” to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients’ likelihood …
The Countermajoritarian Classics (And An Upside Down Theory Of Judicial Review), Corinna Barrett Lain
The Countermajoritarian Classics (And An Upside Down Theory Of Judicial Review), Corinna Barrett Lain
Corinna Lain
Brown v. Board of Education. Engel v. Vitale. Miranda v. Arizona. Furman v. Georgia. Roe v. Wade. Within the academy, these countermajoritarian classics stand as a testament to the Supreme Court’s willingness to thwart the will of a national majority in the name of minority rights. Yet a historical examination of these cases reveals a dramatically different narrative, illustrating just how majoritarian even ostensibly countermajoritarian cases can be. Indeed, in several of these cases, the Court’s ruling was so majoritarian, so consistent with national public opinion, that it only looked countermajoritarian because the seemingly majoritarian stance of the democratically elected …
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
William R. Corbett
Abstract for Hotness Discrimination: Appearance Discrimination as a Mirror for Reflecting on the Body of Employment Discrimination Law William R. Corbett This essay considers the topic of appearance-based employment discrimination. The essay introduces the topic by juxtaposing the “hot” story of the summer, the bank employee who claims that she was fired for “being too hot,” with Professor Deborah Rhode’s recently published book, The Beauty Bias: The Injustice of Appearance in Life and Law. In the essay, I argue that although appearance discrimination is one of the most common forms of discrimination in employment and other areas of life and …
In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger
In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger
Eric Berger
The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional doctrine. In Baze v. Rees and Kennedy v. Louisiana, the Court approached the challenged state policies with vastly different levels of deference. Though the Court purported to apply longstanding Eighth Amendment tests in both cases, Baze was highly deferential to state policy, and Kennedy was not deferential at all. Remarkably, neither the Court nor legal scholars have acknowledged, let alone justified, these contrasting approaches. This article proposes a theory of deference to address this discrepancy. Courts …
The Roberts’S Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission, Allen E. Shoenberger
The Roberts’S Supreme Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commission, Allen E. Shoenberger
Allen E Shoenberger
The methodology of the Supreme Court in its recent decision permitting unlimited corporate financing of election advertisements is more troubling that the specific holding. All signs of constitutional restraint are abandoned as the court employs a sledgehammer to smash Congresses attempt to eliminate the actuality and fear of corruption from electoral politics.
Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack
Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack
Carla Spivack
No abstract provided.
The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Banks
The Black Side Of The Mirror: The Black Body In The Workplace, Taunya Banks
Taunya Lovell Banks
No abstract provided.
Burning Crosses On Campus: University Hate Speech Codes, Alexander Tsesis
Burning Crosses On Campus: University Hate Speech Codes, Alexander Tsesis
Alexander Tsesis
Debates about the value and constitutionality of hate speech regulations on college campuses have deeply divided academics for over a decade. The Supreme Court’s recent decision in Virginia v. Black, recognizing a state’s power to criminalize intentionally intimidating cross burning, at long last provides the key to resolving this heated dispute. The opponents of hate speech codes argue that such regulation guts our concept of free speech. One prominent scholar claims that this censorship would nullify the First Amendment and have “totalitarian implications.” Another constitutional expert, Erwin Chemerinsky, asserts that the “public university simply cannot prohibit the expression of hate, …
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Allen E Shoenberger
The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger
Allen E Shoenberger
The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …
The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose
The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose
Henry Rose
(Abstract) The Poor as a Suspect Class Under the Equal Protection Clause: An Open Constitutional Question Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect …
Zoning For Child Protection: Declaring Communities Unfit For Child Rearing, James G. Dwyer
Zoning For Child Protection: Declaring Communities Unfit For Child Rearing, James G. Dwyer
James G Dwyer
Current zoning law fails to reflect the reality that some geographical areas, however suitable they might be for residence by adults, are not suitable for children, because of the social and physical environment that adult residents have created. The law governing children's welfare and family relationships likewise reflects no consideration of the impact that the quality of parents’ or potential parents’ community can have on children. Yet the world outside children's homes can dramatically affect their well being, even presenting threats to their very survival. This Article is the first to recommend that governments declare some communities unfit for residence …
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
Christopher W. Schmidt
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education (1954) prohibited racial segregation in schools and other state-operated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and …
Googlestroika: Privatizing Privacy, Karl T. Muth
Googlestroika: Privatizing Privacy, Karl T. Muth
Karl T Muth
This is part of a slide deck from a presentation given in July 2009 in Washington, D.C. by Karl T. Muth. Those interested in discussing this material or obtaining the full slide deck should contact the author at rhetoric@uchicago.edu.
Thomas Paine And The Rights Of Man In European Jurisprudence: European Caselaw Confronts New York Times V. Sullivan : Different Results, Methods And Considerations: Time To Rethink Sullivan?∗, Allen E. Shoenberger
Thomas Paine And The Rights Of Man In European Jurisprudence: European Caselaw Confronts New York Times V. Sullivan : Different Results, Methods And Considerations: Time To Rethink Sullivan?∗, Allen E. Shoenberger
Allen E Shoenberger
The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. It is suggested that american courts should themselves weigh and evalue the facts of defamation (as the NYTimes ct did); and also consider whether justification should be demanded for opinion statements, free attorney appointments for public interest defendants in defamation cases, and consideration given to a sliding scale of defamatory review for public officials who hold non-elected, lower rank positions.