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Articles 1 - 6 of 6
Full-Text Articles in Law
In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii
In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii
Legislation and Policy Brief
The Constitution charges the President with the duty to “take Care that the Laws be faithfully executed . . . .” Moreover, the President takes an oath to “preserve, protect and defend the Constitution of the United States.” Although “[g]enerally, these duties are compatible . . ., when the Executive faces a law that he believes is unconstitutional, he must decide whether the law should be executed as written and defended if attacked, or whether the duty of faithfulness to the Constitution requires its repudiation.” This decision belongs to the President alone as the head of a co-equal branch of …
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Legislation and Policy Brief
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Federal Efforts To Achieve Mental Health Parity: A Step In The Right Direction, But Discrimination Remains, Lucas Quass
Legislation and Policy Brief
Prior to the 1970s, many healthcare plans in the U.S. offered benefits without discriminating between mental health and general healthcare coverage. In the 1970s and 1980s, the cost of healthcare increased dramatically and employers eliminated or limited mental health benefits in an attempt to reduce insurance costs. To manage insurance costs, employers began using more cost sharing mechanisms and benefit caps on mental health benefits. However, these limitations were not applied equally to mental health and general health benefits and a coverage disparity was created. Today, insurers often do not provide coverage for mental health on the same terms as …
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick
The Americans With Disabilities Act: Should The Amendments To The Act Help Individuals With Mental Illness?, Abigail J. Schopick
Legislation and Policy Brief
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (ADA). The ADA was intended to eliminate discrimination against individuals with disabilities by expanding the Rehabilitation Act (Rehab Act) to cover people with disabilities in need of coverage from a non-federal employer or entity. Unfortunately, due to a number of Supreme Court cases narrowing the focus of the ADA, the individuals that were intended by Congress to have full protection under the law were no longer assured adequate coverage. In 2008, in response to the narrowing of the definition of disability and …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
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