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Full-Text Articles in Law
Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel
Border Enforcement As State-Created Danger, Jenny-Brooke Condon, Lori A. Nessel
St. John's Law Review
(Excerpt)
A woman seeks refuge at the U.S. border, but U.S. officials force her to wait for her asylum hearing in Mexico where a police officer later stalks and rapes her. A father and child suffer unbearable trauma after U.S. officials separate them under a policy aimed at deterring migration. A formerly healthy family loses a loved one to the coronavirus while forced to wait at an unsanitary, makeshift tent city in Mexico after fleeing for safety to the United States. For the people impacted by U.S. border policies, the southern border is a dangerous place—it is the site of …
Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon
Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon
St. John's Law Review
(Excerpt)
Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …
A Perfect Storm: Religion, Sex, And Administrative Law, Helen M. Alvare
A Perfect Storm: Religion, Sex, And Administrative Law, Helen M. Alvare
St. John's Law Review
(Excerpt)
In order to propose a way forward toward better sexual and reproductive health regulation, which also avoids undercutting or crossing swords with religion, this Article will proceed as follows: Part I will paint with a broad brush the current state of sexual and reproductive health problems in the United States, focusing a bit upon younger Americans to whom SRA programs are addressed. It will highlight disparities according to race and socioeconomic conditions when these obtain. These are troubling on their face, but particularly troubling today at a time of perceived heightened racial and socioeconomic class tension in the United …
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
St. John's Law Review
(Excerpt)
This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …
When The Court Makes Title Vii Law And Policy: Disparate Impact And The Journey From Griggs To Ricci, Ronald Turner
When The Court Makes Title Vii Law And Policy: Disparate Impact And The Journey From Griggs To Ricci, Ronald Turner
St. John's Law Review
(Excerpt)
This Article focuses on judicial lawmaking and policymaking in an important area of antidiscrimination law—Title VII of the Civil Rights Act of 1964’s regulatory regime. As enacted in 1964, Title VII only prohibited intentional employment discrimination on the basis of race, color, religion, sex, or national origin. The statute requires a finding that an employer “has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint.” “[Such] ‘disparate treatment’ . . . is the most easily understood type of discrimination. The employer simply treats some people less favorably than others . . . …