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Full-Text Articles in Law

Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa Jan 2001

Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa

Seattle University Law Review

This Note examines a new development in federal Title VII sex discrimination jurisprudence specifically in the context of transsexual and homosexual plaintiffs, describing the courts' gradual shift away from formalism towards a more realistic approach in this area. Part II begins by examining the anatomical sex rule established by the three major pre-Schwenk decisions categorically rejecting transsexuals' Title VII claims. This section then considers the two subsequent Supreme Court decisions, Price Waterhouse and Oncale, and the Ninth Circuit's Schwenk opinion. Part II concludes that the Schwenk court correctly read Price Waterhouse and Oncale as mandating a departure from …


Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan Jan 2001

Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan

Seattle University Law Review

The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …


Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud Jan 2001

Genealogy Of A State-Engineered “Model Minority”: “Not Quite/Not White” South Asian Americans, Tayyab Mahmud

Faculty Articles

This is review essay based on Vijay Prashad, The Karma of Brown Folk (Minneapolis: University of Minnesota Press 2000). It engages the saga of immigration of South Asian to the United States. A primary focus is on the matrix of identity formation within the grammar of imperialism. It explores how modern regimes of power/knowledge constitute racialized subjects. The deployment of the "model minority" discourse is examined as it relates to South Asian Americans. Structures of power and strategies of resistance among South Asian Americans are highlighted and it is argued that building solidarities among all subordinated is the only viable …


Los Angeles As A Single-Cell Organism, Robert S. Chang Jan 2001

Los Angeles As A Single-Cell Organism, Robert S. Chang

Faculty Articles

In this article, Professor Robert S. Chang discusses the Los Angeles Police Department's Rampart scandal. Professor Chang compares Los Angeles to a single-celled organism that lives according to three basic survival rules. These three rules are: 1) keep out that which is undesirable, 2) isolate and control that which cannot be kept out, and 3) expel, whenever possible, undesirable elements. The author first discusses some of the historical antecedents to the Rampart scandal in Los Angeles. The author then discusses how the United States as a whole has historically acted according to the three basic survival rules exhibited by a …