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Articles 1 - 26 of 26
Full-Text Articles in Law
EnoughS Enough: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce
EnoughS Enough: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce
American Indian Law Journal
Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
Northwestern University Law Review
This Essay contends that the Trump Administration’s ban on transgender individuals serving in the military is based on prejudice and bias, lacking any legitimate justification. As such, the transgender military ban cannot be justified on legal grounds. Nor can it be justified based on health and safety. Engaging a robust empirical record, the authors show that the ban cannot be justified based on matters of efficiency, preparedness, or combat readiness—arguments used by the Trump Administration to justify the ban. Despite transgender individuals serving openly in the military in recent years, the Trump Administration has not been able to offer in …
Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan
Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan
Pace International Law Review
On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.
Constitutional Moral Hazard And Campus Speech, Jamal Greene
Constitutional Moral Hazard And Campus Speech, Jamal Greene
William & Mary Law Review
One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …
Joaquin Ávila: America At Its Best, Luis Ricardo Fraga
Joaquin Ávila: America At Its Best, Luis Ricardo Fraga
Seattle Journal for Social Justice
No abstract provided.
Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang
Remembrance, One Person, One Vote: The Enduring Legacy Of Joaquin Avila, Robert Chang
Seattle Journal for Social Justice
No abstract provided.
Joaquin Ávila: Voting Rights Gladiator, Barbara Y. Philips
Joaquin Ávila: Voting Rights Gladiator, Barbara Y. Philips
Seattle Journal for Social Justice
No abstract provided.
Joaquin – The Congenital Warrior, Tayyab Mahmud
Joaquin – The Congenital Warrior, Tayyab Mahmud
Seattle Journal for Social Justice
No abstract provided.
Some Thoughts On Joaquin Ávila, Bill Tamayo
Some Thoughts On Joaquin Ávila, Bill Tamayo
Seattle Journal for Social Justice
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray
Arkansas Law Review
The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon
Marriage Equality And A Lawyer's Role In The Emergence Of "New" Rights, Daniel J. Canon
Indiana Journal of Law and Social Equality
The last few decades have seen a dramatic change in the way in which Americans view LGBT rights, and the right to same-sex marriage in particular. In 1972, the Supreme Court issued its first opinion on same-sex marriage. In sharp contrast with Obergefell v. Hodges, which established the constitutional right to marriage equality in 2015, the case of Baker v. Nelson held in one sentence that the idea that such a right might exist was not even worth discussing. What happened in the intervening forty years to change the outcome so profoundly? And how can attorneys seek to replicate …
The Doctrine Of The Same-Sex Marriage Cases: A Brief Analysis Of Animus, Samuel G. Gustafson
The Doctrine Of The Same-Sex Marriage Cases: A Brief Analysis Of Animus, Samuel G. Gustafson
Brigham Young University Prelaw Review
This paper delves into the background of two fundamental Supreme Court cases in order to clarify and explain the basics of the animus doctrine. It proposes dividing the animus test into two parts, a triggering test to determine when a review for animus is appropriate and the actual test for animus. This split clarifies when challenges of animus can be brought and when they are clearly not present. The split also serves as a check on animus to prevent its over application. Finally, this paper proposes that the animus doctrine can solve many of issues that courts continue to identify …
The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes
The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes
Brigham Young University Prelaw Review
From slavery to Jim Crow to current issues with mass incarceration, America has a long-standing history with oppression and racial prejudice. While it’s easy for many to think racism, particularly at an institutional level, to be a thing of the past, a variety of evidences speak to the contrary. With President Nixon’s War on Drugs, criminality became federally sanctioned way to oppress minorities through sentencing discrepancies in crack and powdered cocaine. In conjunction with that, the privatization of prisons has led to the Prison Industrial Complex, further incentivizing incarceration as a means of industry and commerce. Now we are faced …
Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder
Toward Equal Rights For Lgbt Employees: Legal And Managerial Implications For Employers, Michael T. Zugelder
Ohio Northern University Law Review
American lesbian, gay, bisexual, and transgender (LGBT) workers have made great strides toward equal employment rights, and the trend toward equal rights is clear. Still, 52% of LGBT workers can be denied employment or fired simply for being LGBT. This state of the law makes the U.S. lag behind many of its major trading partners, who have already established equal employment in their national laws. While there are a number of routes U.S. law may soon take to end LGBT employment discrimination, private firms, especially those with international operations, will need to determine the best course to take. Major U.S. …
Bank Of America Corporation V. City Of Miami, Veronica Nicholson
Bank Of America Corporation V. City Of Miami, Veronica Nicholson
Ohio Northern University Law Review
No abstract provided.
In Defense Of Human Rights, Karima Bennoune
In Defense Of Human Rights, Karima Bennoune
Vanderbilt Journal of Transnational Law
This Article argues that international human rights law, and the human rights movement more generally, need more defenders than critics in the current international political environment. Groups ranging from academics to governments have taken stances critical of human rights, and this Article seeks to defend the rights framework from some of these while also arguing for the importance of human rights in today's world. Noting that the field of human rights is not beyond criticism, this Article embraces some of those criticisms. However, it suggests that human rights law specialists need to spend at least as much time defending human …
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
FIU Law Review
No abstract provided.
A Fixed Star In Shifting Skies: Barnette And Civil Rights Law, Leslie Kendrick
A Fixed Star In Shifting Skies: Barnette And Civil Rights Law, Leslie Kendrick
FIU Law Review
No abstract provided.
Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert
Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert
University of Colorado Law Review
Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …
The Quasi-Parent Conundrum, Michael J. Higdon
The Quasi-Parent Conundrum, Michael J. Higdon
University of Colorado Law Review
Although family law is very much concerned with legal parentage and its attendant rights, children are much more concerned with maintaining relationships with those who care for them, regardless of whether that person is a legal parent or someone functioning as one. What happens though if the child's legal parent attempts to banish the quasi-parent from the child's life? Doing so can be extremely damaging to the child. Nonetheless, parents do possess a constitutional right to make decisions about how to rear their children, including who may have access to the child.
Trying to strike a balance between protecting the …