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Articles 301 - 309 of 309
Full-Text Articles in Law
Real Men, Luke A. Boso
Real Men, Luke A. Boso
Luke A. Boso
Men experience discrimination every day at work and at school because they fail to look or behave like real men. Most courts now hold that men can prove sex discrimination by presenting evidence that the defendant harassed or bullied the plaintiff because he fails to conform to sex stereotypes. But judges in these cases are reluctant to find that defendants intended to discriminate “because of sex,” which is required to state a valid claim under statutory anti-discrimination law. Instead, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what …
Embracing Administrative Constitutionalism, Bertrall L. Ross
Embracing Administrative Constitutionalism, Bertrall L. Ross
Bertrall L Ross
Administrative agencies engage in constitutionalism. They resolve questions of statutory meaning and scope that implicate constitutional questions. Even when agencies do not consciously set out to weigh in on constitutional
questions, by interpreting and applying statutes that rest on constitutional values, agencies elaborate constitutional meaning.
Should courts and theorists embrace or resist administrative
constitutionalism? For those who believe that the courts are the exclusive and final interpreters of the Constitution, it seems natural to oppose it. Thus, over the past forty years, the Supreme Court has resisted administrative constitutionalism. When agencies elaborate constitutional meaning in their interpretation of statutes, the …
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Religious Exemptions, Marriage Equality, And The Establishment Of Religion, Nancy J. Knauer
Nancy J. Knauer
The advent of nationwide marriage equality has sparked a robust debate over the extent of religious liberties and the limits of civil rights protections. As public opinion regarding LGBT individuals and the families they form has evolved, religious beliefs that once served as the basis for law and policy have been increasing marginalized. Various efforts have been made to protect religious objectors who continue to believe that marriage is only between one man and one woman. For example, all of the states that had enacted marriage equality legislation included exceptions for clergy and religious organizations to ensure that they would …
Why Rape Should Not (Always) Be A Crime, Katharine K. Baker
Why Rape Should Not (Always) Be A Crime, Katharine K. Baker
Katharine K. Baker
Legitimate Families And Equal Protection, Katharine K. Baker
Legitimate Families And Equal Protection, Katharine K. Baker
Katharine K. Baker
Screening Out Unwanted Calls: The Manipulation Of Standing 'Doctrine', Mark S. Brodin
Screening Out Unwanted Calls: The Manipulation Of Standing 'Doctrine', Mark S. Brodin
Mark S. Brodin
Cyprus Constitutional Law: Fundamental Rights: Foreword By Series Editor [Πρόλογος Διευθυντή Σειράς "Κυπριακό Δίκαιο: Θεωρία Και Πράξη", Nikitas E. Hatzimihail
Cyprus Constitutional Law: Fundamental Rights: Foreword By Series Editor [Πρόλογος Διευθυντή Σειράς "Κυπριακό Δίκαιο: Θεωρία Και Πράξη", Nikitas E. Hatzimihail
Nikitas E Hatzimihail
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Stephen E Henderson
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …
The Use Of Tenant Screening Reports And Tenant Blacklisting—2015, Gerald Lebovits
The Use Of Tenant Screening Reports And Tenant Blacklisting—2015, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.