Open Access. Powered by Scholars. Published by Universities.®
Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- ADA (1)
- Administrative Law (1)
- Administrative procedure (1)
- Americans with Disabilities Act (1)
- Antiterrorism and Effective Death Penalty Act (1)
-
- Antiterrorism law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Death penalty (1)
- Disability (1)
- Due process of law (1)
- EEOC (1)
- Equal Employment Opportunity Commission (1)
- Equal protection (1)
- Habeas corpus (1)
- Immigration Law (1)
- Interactive process (1)
- Judicial deference (1)
- Jurisdiction (1)
- Practice and Procedure (1)
- Public welfare (1)
- Qualified employee (1)
- Reasonable accommodation (1)
- Substantive due process (1)
- Supreme Court (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Civil Rights and Discrimination
Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman
Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman
Department of Justice Studies Faculty Scholarship and Creative Works
The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late …
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
ExpressO
This article examines a statute that may embody another limit on the power of the federal courts. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) implemented sweeping changes that substantially restrict federal court review of administrative immigration decisions. One provision implemented as a part of IIRIRA, 8 U.S.C. § 1252(f)(1), appears, at least at first glance, to prohibit courts from issuing class-wide injunctive relief in immigration cases. Such a restriction would be significant because federal courts have issued class-wide injunctions in the past to stop unconstitutional immigration practices and policies of the federal government. The Supreme Court …
Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry
Chicago-Kent Law Review
The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.
Thus, …
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Washington and Lee Law Review
No abstract provided.