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Full-Text Articles in Law
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka
Law Faculty Publications
This paper examines the civil rights of youth who are missing or discharged from foster care and become victims of sexual exploitation. It also addresses future implications of this epidemic, given demographic patterns of the United States, if we do not address this issue now. Section II describes the demographics of adolescents in foster care. Next, Section III addresses the sexual exploitation of this population. Section IV describes the legal framework of the foster care system and legislation pertaining to sexually exploited youth. Section V analyzes the constitutional rights of foster youth who become victims of sexual exploitation and draws …
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Law Faculty Publications
A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.
Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins
Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This article is a content analysis examination of 107 federal court cases involving American Indian tribal sovereignty and federal plenary power rendered between 1870 and 1921. Our focus, however, is the U.S. Supreme Court's Indian Law jurisprudence; thus ninety of the cases analyzed were Supreme Court opinions. The cases seemingly entail two separate braces of opinions. One brace included decisions which affirmed tribal sovereignty. The other brace entailed cases which negatively affected tribal sovereignty. These negative decisions generally relied on doctrines such as plenary power, the political question doctrine, or the so- called “guardian-ward” relationship. We argue that the Supreme …