Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Title VII (3)
- ADA (2)
- ABC Test (1)
- ACA (1)
- Affirmative Action (1)
-
- Airbnb, vacation rentals, sharing economy, municipal law, zoning (1)
- American Indian and Alaska Natives (AI/AN), Health Care (1)
- Cincinnati's Bible War (1)
- Civil Rights Movement (1)
- Climate Relocation, Isle de Jean Charles, Lousiana, Indian law, Rights of Indigenous Peoples (1)
- Criminal Disenfranchisement (1)
- Direct Threat Standard (1)
- Diversity Preference (1)
- E-Commerce (1)
- EEOC (1)
- Education (1)
- Elementary and Secondary Education Act, Every Student Succeeds Act, long-term English learners, Education Law (1)
- Employer Liability (1)
- Employment Law (1)
- FLSA (1)
- FMLA (1)
- Fair Housing Act, United States v. Hylton, Max Weber, housing discrimination, life chances, "neighborhood effects", "geography of opportunity", "loss of housing opportunity" (1)
- Freedom of Speech (1)
- Gig Employment (1)
- Gun violence, domestic violence, domestic abuse, 2nd Amendment (1)
- Harassment (1)
- Inclusion Riders (1)
- Internet Retail Jurisprudence (1)
- Janus (1)
- Joint Employment Theory (1)
Articles 1 - 25 of 25
Full-Text Articles in Legal Writing and Research
Let's Gossip About Glossip: The Supreme Court's Misguided Adoption Of An Unsurpassable Standard For Method Of Execution Challenges Under The Eighth Amendment, Tenia L. Clayton
Let's Gossip About Glossip: The Supreme Court's Misguided Adoption Of An Unsurpassable Standard For Method Of Execution Challenges Under The Eighth Amendment, Tenia L. Clayton
Belmont Law Review
No abstract provided.
An Argument For Restricting The Blue Pencil Doctrine, Griffin T. Pivateau
An Argument For Restricting The Blue Pencil Doctrine, Griffin T. Pivateau
Belmont Law Review
No abstract provided.
What The Revealed-Preferences Ranking Fails To Reveal, Jerome M. Organ
What The Revealed-Preferences Ranking Fails To Reveal, Jerome M. Organ
Belmont Law Review
No abstract provided.
Criminal Disenfranchisement: Deconstructing Its Justifications And Crafting State-Centered Solutions, Neely Baugh-Dash
Criminal Disenfranchisement: Deconstructing Its Justifications And Crafting State-Centered Solutions, Neely Baugh-Dash
Belmont Law Review
No abstract provided.
Law's Religious Awakening: Cincinnati's Bible War, The Concept Of Religious Neutrality, And Its Role Today, Timothy A. Campbell
Law's Religious Awakening: Cincinnati's Bible War, The Concept Of Religious Neutrality, And Its Role Today, Timothy A. Campbell
Belmont Law Review
No abstract provided.
The 2019 Revealed-Preferences Ranking Of Law Schools, Christopher J. Ryan Jr., Brian L. Frye
The 2019 Revealed-Preferences Ranking Of Law Schools, Christopher J. Ryan Jr., Brian L. Frye
Belmont Law Review
No abstract provided.
Contemporary Issues In Environmental Law, Jenny Howard, Amanda Garcia, Bart Kempf
Contemporary Issues In Environmental Law, Jenny Howard, Amanda Garcia, Bart Kempf
Belmont Law Review
No abstract provided.
Evidence-Based, Constitutionally-Sound Approaches To Reducing Gun Fatalities In Violent Relationships, Sarah Martin
Evidence-Based, Constitutionally-Sound Approaches To Reducing Gun Fatalities In Violent Relationships, Sarah Martin
Belmont Law Review
Our country is plagued by a uniquely American epidemic whereby women are shot to death by partners who say they love them. While domestic violence is a complex matter and preventing domestic abuse and domestic violence-related fatalities seems like a daunting task, the first steps are relatively simple: (1) close persistent gaps in existing firearms laws that allow dangerous abusers to obtain and continue to possess firearms, and (2) enforce existing laws regarding firearms. Ensuring that domestic abusers do not have access to deadly weapons is an evidence-based strategy to protect vulnerable victims of an otherwise seemingly unending cycle of …
At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt
At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt
Belmont Law Review
American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN tells a story of poverty and relatively low life expectancy, proportionately high incidences of disease, high rates of incarceration, and prolific alcohol and substance abuse. AI/ANs are incarcerated at a higher rate proportionately than their white counterparts. They experience harsher sentences, due in part to jurisdictional …
A Sticky Situation: The Unconstitutional Qualification Of The Right To Bear Arms By The Federal Government Against Law-Abiding Medical Marijuana Patients, Luke C. Waters
Belmont Law Review
Medical marijuana law and policy is at a crossroads in America. On the one hand, it appears the field has achieved a level of legitimacy it so desperately sought, as more than 30 states, territories, and districts have enacted comprehensive medical marijuana programs in the past two decades. In spite of these gains, medical marijuana is often still characterized as little more than a joke or an excuse to lend drug abusers an unearned air of legitimacy. Standing in stark contrast to medical marijuana, the right to bear arms, and firearms by virtue of the association, is afforded rarified status …
Max Weber Meets The Fair Housing Act: 'Life Chances' And The Need For Expanded Lost Housing Opportunity Damages, Christopher C. Ligatti
Max Weber Meets The Fair Housing Act: 'Life Chances' And The Need For Expanded Lost Housing Opportunity Damages, Christopher C. Ligatti
Belmont Law Review
This article will discuss the work of sociologist Max Weber, pioneer of the term “life chances,”and how the field of life chances has been adopted and expanded into placed-based theories such as “neighborhood effects” and the “geography of opportunity.” This article will then give a brief overview of the purpose of the Fair Housing Act and how its passage was not meant simply to combat offensive behavior, but to increase residential mobility. This article will also discuss how “lost housing opportunity” has previously been used by the courts. This section of the article will include a discussion of United States …
Long Term Solutions To The Short-Term Problem: An Analysis Of The Current Legal Issues Related To Airbnb And Similar Short-Term Rental Companies With A Proposed Model Ordinance, Richard W.F. Swor
Belmont Law Review
Airbnb and the short-term rental market have revolutionized the way that we travel and book accommodations, and now they are beginning to require cities to revolutionize their laws. This note argues that cities should adopt an ordinance that addresses health and safety, zoning, permitting, and taxation in an enforceable way by drawing on ideas already implemented in other cities such as Chicago, San Francisco, Nashville, and Portland. In support of this conclusion, this note begins in Section I by discussing the history of vacation rentals and the sharing economy as a whole, before discussing Airbnb more specifically. Section II then …
The Wake Of Wayfair: Addressing State Taxation Issues After South Dakota V. Wayfair., Leigh Stanfield
The Wake Of Wayfair: Addressing State Taxation Issues After South Dakota V. Wayfair., Leigh Stanfield
Belmont Law Review
This student note examines the impact of e-commerce on state tax revenue. It explores internet retail jurisprudence, and the South Dakota v. Wayfair, Inc. decision. It explores state approaches to taxing e-commerce revenue, as well as continuing issues in e-commerce taxation, and concludes with a model provision.
Harassment: A Separate Claim?, Sandra Sperino
Harassment: A Separate Claim?, Sandra Sperino
Belmont Law Review
This article argues that harassment is not a separate claim under Title VII by reviewing the history of discrimination law, examining Title VII's statutory language, and Supreme Court cases and procedural ambiguity in harassment law. It discusses the pitfalls of identifying harassment as a separate claim, and recommends how plaintiffs might plead harassment within the scope of Title VII.
Inclusion Riders And Diversity Mandates, Emily Waldman
Inclusion Riders And Diversity Mandates, Emily Waldman
Belmont Law Review
This article examines inclusion riders, the bona fide occupational qualification defense, undue hardship, and equal burdens in the context of Title VII's prohibition of differential treatment. It also addresses the concept of 'diversity preference', affirmative action programs, and how employers can satisfy diversity preference without being discriminatory.
Whose Time Is It Anyway?: Evolving Notions Of Work In The 21st Century, Laurie Leader
Whose Time Is It Anyway?: Evolving Notions Of Work In The 21st Century, Laurie Leader
Belmont Law Review
This article explores the changing nature of employment, including gig and contingent work, as well as legal definitions of employment, employer, and work. It offers solutions to better protect nontraditional workers, and examines the Internal Revenue Service’s 20-Factor Test, the Fair Labor Standards Act’s Economic Realities Test, the ABC Test, statutory definitions, the Joint Employment Theory, and policy issues regarding worker classification.
Employers Beware: What Are Employers’ Obligations And Rights Given New Marijuana Legislations?, Shahabudeen Khan
Employers Beware: What Are Employers’ Obligations And Rights Given New Marijuana Legislations?, Shahabudeen Khan
Belmont Law Review
This article examines recent recreational and medicinal marijuana laws in the United States. Key statutes and cases are examined, including Coats v. Dish Network, LLC and Noffsinger v. SSC Niantic Operating Co., LLC. Actions and policies to reduce liability that employers could undertake are offered, and the article concludes with a look at other countries that have legalized recreational marijuana.
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria Hylton
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria Hylton
Belmont Law Review
This paper explores public sector unions, unionized employee benefits, and public sector union member salaries in light of the Supreme Court's decision in Janus v. American Federation of State, County, and Municipal Employees. Three case studies are offered to support the argument that public sector unions exert too much influence over elected officials and taxpayers. A proposed solution is banning public sector unions.
The United States First Climate Relocation: Recognition, Relocation, And Indigenous Rights At The Isle De Jean Charles, Adam Crepelle
The United States First Climate Relocation: Recognition, Relocation, And Indigenous Rights At The Isle De Jean Charles, Adam Crepelle
Belmont Law Review
While this article focuses almost exclusively on the Isle de Jean Charles relocation, it hopes to be useful to other climate induced relocations. Section I begins with a discussion of the two major factors contributing to the disappearance of Louisiana’s coast, the blocking of the Mississippi River and the oil industry. In Section II, the article provides an overview of federal recognition, a short history of Louisiana’s coastal tribes, and how being denied federal recognition has impacted them. Section III compares federal Indian law with the rights of indigenous peoples under international law, along with a discussion of the numerous …
“Mlk 50: Where Do We Go From Here?" Teaching The Memphis Civil Rights Movement Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza
“Mlk 50: Where Do We Go From Here?" Teaching The Memphis Civil Rights Movement Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza
Belmont Law Review
As the nation pauses to commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. on April 4, 1968, in Memphis, Tennessee, it is imperative that we study the epic civil rights history of Memphis which preceded this dreadful event, especially in the legal academy. Therapeutic Jurisprudence (TJ), with its focus on laws, legal processes, and legal actors, and the extent to which they can be therapeutic or antitherapeutic, is a fitting academic vantage point. The TJ repertoire of principles and techniques and the “genius loci,” a spirit of time and place which comes from the field …
Undefined: A Call To Recognize, And Advocate For, Long-Term English Learners, Allyson Lynch
Undefined: A Call To Recognize, And Advocate For, Long-Term English Learners, Allyson Lynch
Belmont Law Review
This Note argues that the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act, should include a definition of long-term English learner (“LTEL”), and, additionally, set a minimum expectation for states and school districts that all English learner students achieve English Language Proficiency within a maximum of five years. It proceeds in four parts: Part I provides an overview of the English Learner population and discusses the current opportunities and obstacles of this population. Part II explores prevailing research on English learners, particularly as it relates to English language acquisition rates, which has shaped policy decisions …
“For The Love Of God! Open This Door!”: Individual Rights Versus Public Safety Under The “Direct Threat” Standard Of The Americans With Disabilities Act After Three Decades Of Litigation, Jeffrey Van Detta
Belmont Law Review
This article investigates the ADA's direct-threat standard, opening with the story of Germanwings Flight 9525. It examines a disability lawsuit, EEOC v. Beverage Distributors Company, LLC, as well as the determination in Stragapede v. City of Evanston, Illinois. The article concludes by proposing a tri-partite medical review option for employers.
Modern Legal History Series Free Speech Discussion, Ari Cohn, Jeffrey Usman
Modern Legal History Series Free Speech Discussion, Ari Cohn, Jeffrey Usman
Belmont Law Review
Transcript of interview. Ari Cohn was interviewed by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law. Cohn opens the interview by discussing his work with a nonprofit organization, FIRE. Later, he discusses the work done by FIRE's policy reform team. He speaks at length about freedom of speech issues on college campuses, referencing numerous cases, including Tinker v. Des Moines Independent Community School District and Hazelwood School District v. Kuhlmeier. The interview concludes with questions from the audience.
Title Vii Discrimination Protections & Lgbt Employees: The Need For Consistency, Certainty & Equality Post-Obergefell, Regina Hillman
Title Vii Discrimination Protections & Lgbt Employees: The Need For Consistency, Certainty & Equality Post-Obergefell, Regina Hillman
Belmont Law Review
This article explores employment protections against discriminatory practices for LGBT Americans. Factors such as jurisdiction, employment type, and geography all play a role in whether or not protections are extended to LGBT individuals. This article also examines Title VII of the Civil Rights Act of 1964, the role of the EEOC in enforcing federal laws prohibiting discrimination, as well as executive orders and protections.
Local Panel Discussion, Sam Jackson, Mary Beard, Karla Campbell, David Garrison, Ann Steiner, Jeffrey Usman
Local Panel Discussion, Sam Jackson, Mary Beard, Karla Campbell, David Garrison, Ann Steiner, Jeffrey Usman
Belmont Law Review
Transcript of local panel discussion featuring Sam Jackson, Mary Beard, Karla Campbell, David Garrison, and Ann Steiner. The panel discussion was moderated by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law.