Law Commons^™

Data, Detention, And Girls, Francine Sherman

Francine T. Sherman

No abstract provided.

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Jill Elaine Hasday

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

Performing Racial And Ethnic Identity: Discrimination By Proxy And The Future Of Title Vii, Camille Gear Rich

Camille Gear Rich

No abstract provided.

Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Honor Crimes In Jordan: Their Treatment Under Islamic And Jordanian Criminal Laws, Ferris K. Nesheiwat

Ferris K Nesheiwat

No two elements are more important to the establishment of a civilized and open society than society’s respect for individual human rights and respect for and submission to the rule of law. These two elements, however, are not always compatible. When society adopts laws that undermine the basic rights of a class of citizens, a tension is created between an individual’s responsibility to respect society’s laws, and that same individual’s right to be protected and treated equitably by his or her society. This scenario occurs when society adopts laws, which selectively provide under-protection to a class of citizens because of …

Lawrence V. Texas: When Profound And Deep Convictions Collide With Liberty Interests, Nancy J. Knauer

Nancy J. Knauer

This Essay offers a brief analysis of Lawrence v. Texas, arguing that Justice Kennedy's recognition of a liberty interest is preferable to the Equal Protection analysis urged by the Petitioners and advanced by Justice O'Connor. Equality arguments based on orientation and group affiliation in the absence of a core right to sexual autonomy reinforce a view of stable gay identities that is ultimately disingenuous and disempowering. After seventeen years of attempts by pro-gay advocates to bifurcate conduct from status and sidestep Bowers v. Hardwick, Justice Kennedy's majority opinion has conclusively put the sex back into homosexual. Under Equal Protection analysis, …

Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Margo Schlanger, Anne Morrison Piehl

Margo Schlanger

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Carlo A. Pedrioli

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron

Charles H. Baron

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

S. Breckenridge Thomas

No abstract provided.

Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice

Danielle Dirks

No abstract provided.

Middlesex District Attorney's Office, Consultant, Francine Sherman

Francine T. Sherman

Evaluated disproportionate minority contact and diversion of youth in Framingham Juvenile Court

Legal Protection From Discrimination Based On Sexual Orientation: Findings From Litigation, Helen Lavan, Marsha Katz

Helen LaVan

No abstract provided.

Justice, Community, And Solidarity: Rethinking Affirmative Action Through The Lens Of Catholic Social Thought, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison

Dr. C. Keith Harrison

The termination of a collegiate athletic career is inevitable for all student athletes. The purpose of this study was to explore student athletes’ perceptions of the athletic career transition process. One-hundred-andforty- three (n = 143) National Collegiate Athletic Association (NCAA) Division II student athletes were administered the Life After Sports Scale (LASS) designed by the authors. The LASS is a 58-item mixed method inventory. The scope of this inquiry explored the qualitative section, which examined participants’ perceptions that were visually primed with a narrative description of a student athlete who made the transition out of collegiate sport successfully. Three major …

College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison

Dr. C. Keith Harrison

Examining the ‘natural’ athlete myth and utilizing the recent literature on cultural/social factors in athleticism, this study through survey research examines the myth of the ‘natural’ African American athlete. Participants consist of 301 university students from a large, traditionally White, midwest institution. The primary research question is to determine the attitudes of college students in terms of how they perceive the success of the African American athlete in certain sports. The purpose is to assess participants’ perceptions of the African American athlete and their opinion as to whether or not African American athletes are superior in certain sports (football, basketball, …

Online Surveillance: Remembering The Lessons Of The Wiretap Act, Susan Freiwald

Susan Freiwald

This Article explores those features of electronic surveillance that have made it challenging to regulate effectively. In balancing interests, lawmakers must create a workable law for an exceedingly complex topic, rein in law enforcement agents without crippling them, and draw a line between prohibited and permitted conduct despite society's ambivalence about surveillance. This Article demonstrates that lawmakers met those challenges when they regulated traditional wiretapping, but they have failed to meet them in the online context. It argues that the law should extend the significant restrictions on wiretapping to online surveillance, just as judges did in the case of video …

Direitos Humanos - Jornal O Povo, Haradja L. Torrens

Haradja L Torrens

No abstract provided.

Comparing Remedies For School Desegregation And Employment Discrimination.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer