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Substantially Mutated: Are Genetic Mutations “Disabilities” Under The Americans With Disabilities Act?, Jessica L. Loiacono 2021 Boston College Law School

Substantially Mutated: Are Genetic Mutations “Disabilities” Under The Americans With Disabilities Act?, Jessica L. Loiacono

Boston College Law Review

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability to ensure that disabled Americans are given equal opportunity to participate in all aspects of life. Title I of the ADA, in particular, prohibits employers from discriminating against employees because of a disability in all employment matters. Courts have struggled to consistently define which impairments constitute a disability under the statute. In June 2020, in Darby v. Childvine, Inc., the U.S. Court of Appeals for the Sixth Circuit seemingly expanded ADA coverage by holding that Sherryl Darby plausibly alleged that she was disabled due to a ...


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


Profiling Beyond Race: Characteristics Associated With Traffic Stop Outcomes, Megan Anderson 2021 East Tennessee State University

Profiling Beyond Race: Characteristics Associated With Traffic Stop Outcomes, Megan Anderson

Electronic Theses and Dissertations

Research related to profiling and the outcome of traffic stops has generally focused on the race of the individuals involved. Little research has examined other characteristics, such as age and socioeconomic status, that may also play a role in traffic stop outcomes. The current study sought to address this limitation in two ways: (1) determine whether the characteristics of age, sex, race, social class, and demeanor are profiled during traffic stops and (2) whether these characteristics influenced the outcome of the traffic stops with regard to tickets and vehicle searches. Secondary data were utilized from the 2015 Police-Public Contact Survey ...


The Death Penalty In Mississippi: An Analysis Of Its History, Current Inmates, And Counties, Haley Kuhnert 2021 University of Mississippi

The Death Penalty In Mississippi: An Analysis Of Its History, Current Inmates, And Counties, Haley Kuhnert

Honors Theses

This thesis analyzes uses and prevalence of the death penalty in Mississippi through an analysis of the history, inmates and counties. To gather this information, I looked at the patterns of use throughout the history of Mississippi’s death penalty, the facts of all thirty-nine inmate’s cases, and the demographics of every county that has sentenced someone to death. The main findings are that the death penalty is applied arbitrarily between inmates because even cases with similar underlying felonies have different factual backgrounds that make them more or less heinous. A minority of counties have sentenced people to death ...


How The Level Of Job Complexity Impacts The Gender Wage Gap Across Occupations, Zytlaly Magaña Corona 2021 California State University – San Bernardino

How The Level Of Job Complexity Impacts The Gender Wage Gap Across Occupations, Zytlaly Magaña Corona

Electronic Theses, Projects, and Dissertations

The present study focused on unpacking the social and structural aspects of job complexity to better understand its effects on the gender wage gap. Previous research on the job complexity-compensation dynamic has primarily focused on cognitive complexity. Job complexity across occupations were examined using work activity data from O*NET and merging it with the Current Population Survey data sponsored by the U.S. Bureau of Labor Statistics (N=67,003). Results revealed that higher complexity jobs in this study yielded greater wage disparities across different occupations as predicted. Furthermore, physical activities and gaining knowledge from the Generalized Work Activities ...


Statistically Speaking: Restrictive Changes To Fair Housing Act Disparate Impact Liability, Mitchell E. Feldman 2021 Boston College Law School

Statistically Speaking: Restrictive Changes To Fair Housing Act Disparate Impact Liability, Mitchell E. Feldman

Boston College Law Review

Disparate impact liability, a theory for pleading discrimination allegations, has been an important tool in the battle for housing equity. Disparate impact claims, however, have undergone drastic changes since their inception in 1971. Most recently, the Department of Housing and Urban Development issued a final rule amending the pleading requirements for litigants alleging disparate impact housing claims. The new rule threatens to undermine the development of disparate impact claims under the Fair Housing Act (FHA) of 1968, which gives plaintiffs access to relief, specifically in cases of lending discrimination. This Note analyzes the rule in light of a seminal 2015 ...


Unexpected Inequality: Disparate-Impact From Artificial Intelligence In Healthcare Decisions, Sahar Takshi 2021 Cleveland State University

Unexpected Inequality: Disparate-Impact From Artificial Intelligence In Healthcare Decisions, Sahar Takshi

Journal of Law and Health

Systemic discrimination in healthcare plagues marginalized groups. Physicians incorrectly view people of color as having high pain tolerance, leading to undertreatment. Women with disabilities are often undiagnosed because their symptoms are dismissed. Low-income patients have less access to appropriate treatment. These patterns, and others, reflect long-standing disparities that have become engrained in U.S. health systems.

As the healthcare industry adopts artificial intelligence and algorithminformed (AI) tools, it is vital that regulators address healthcare discrimination. AI tools are increasingly used to make both clinical and administrative decisions by hospitals, physicians, and insurers—yet there is no framework that specifically places ...


Time Is Money, Ladies: The Ninth Circuit Prohibited Prior Pay As A Factor Other Than Sex In Rizo V. Yovino, Caroline M. Gelinne 2021 Boston College Law School

Time Is Money, Ladies: The Ninth Circuit Prohibited Prior Pay As A Factor Other Than Sex In Rizo V. Yovino, Caroline M. Gelinne

Boston College Law Review

On February 27, 2020, the U.S. Court of Appeals for the Ninth Circuit in Rizo v. Yovino held that prior salary is not a valid defense against an employee’s claim under the Equal Pay Act (EPA). In so doing, the Ninth Circuit ruled that prior pay is an inherently gendered factor and became the first federal circuit court to eliminate it as a valid factor other than sex under the EPA. This Comment argues that Rizo was correctly decided but that it could have gone even further to narrow the pay gap in the United States.


Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts JD 2021 Loyola University Chicago

Input To Sr On Contemporary Forms Of Slavery, Including Its Causes And Consequences Regarding The Role Of Organized Criminal Groups, Peggy Frazier, Katherine Kaufka Walts Jd

Center for the Human Rights of Children

The Center for the Human Rights of Children (CHRC), in collaboration with signatory organizations, submits this input in response to the call for submissions made by the Special Rapporteur’s Report on the Role of Organized Criminal Groups with regard to Contemporary Forms of Slavery to inform the forthcoming report to the 76th session of the General Assembly. This input will focus upon the role of organized criminal groups with regard to child labor trafficking (forced labor), and specifically, forced criminality as a form of forced labor.1 We provide input on cases both in the interior of the United ...


Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School of Law 2021 Golden Gate University School of Law

Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School Of Law

GGU Law Review Blog

Although the rate of people experiencing homelessness was increasing even before 2020, the Covid-19 pandemic contributed to a further rise in the nation’s unemployment rate. Studies have shown that a one-percent increase in the nation’s unemployment rate could bring an increase in homelessness of 0.065 per every 10,000 people. Unemployment during the pandemic rose to over fourteen percent, meaning that the pandemic will likely precipitate increased levels of homelessness in America. The influx of economic stimulus payments during the pandemic has refocused discussions on the extent to which guaranteed income programs could be used to provide ...


Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees 2021 Cleveland-Marshall College of Law

Employer Liability For Sex Harassment Through The Lens Of Restorative Justice, Emily Rees

Cleveland State Law Review

Title VII cases alleging sex harassment have become almost completely deferential to employers who have anti-harassment policies. In this Note, I discuss legal and sociological influences on this development and propose using restorative justice focused mediation to avoid rendering Title VII entirely ineffective. Mediation should only be compelled as a remedy—after a court finds that harassment occurred, but that the plaintiff cannot prove her employer knew about the harassment. Instead of dismissing these cases—where judges have already found illegal discrimination—some corrective action should be imposed on the employer for its failure to maintain a harassment-free workplace. Focusing ...


Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez 2021 Chapman Univ. School of Law

Trade War, Ppe, And Race, Ernesto A. Hernandez-Lopez

Northwestern Journal of Law & Social Policy

Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. This has made PPE supplies casualties of the trade ...


Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang 2021 University of Colorado at Boulder

Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang

Northwestern Journal of Law & Social Policy

Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s ...


Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School of Law 2021 Golden Gate University School of Law

Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School Of Law

GGU Law Review Blog

At the start of 2021, images of violent attacks on Asian individuals all across the nation began flooding social media timelines. Large protests shortly followed these attacks in support of the Asian Community to “Stop Asian Hate.” Since then, reports and images of such attacks have only become more and more common, with the Atlanta Spa Shootings at the forefront of the conversation. As a result, much of the public and the media have been referring to these attacks as “hate crimes.” Yet, prosecutors are not seeking hate-crime enhancements in many of these cases. Several high-profile cases demonstrate the evidentiary ...


Demands For “Sisterly” Love: Exploring The Hyperpenalization Of Black Girls In The School District Of Philadelphia, Danielle Miles-Langaigne 2021 University of Pennsylvania

Demands For “Sisterly” Love: Exploring The Hyperpenalization Of Black Girls In The School District Of Philadelphia, Danielle Miles-Langaigne

CUREJ - College Undergraduate Research Electronic Journal

An immense amount of research, memos, and scholarship has surfaced in the last decade considering the school-to-prison pipeline and Black boys’ involuntary participation in it. Various education scholars have presented data emphasizing how Black male students are disproportionately punished–notably in ways that negatively impact their prospects for educational attainment, social mobility, and long-term empowerment. Many, however, fail to consider their close counterparts: Black girls. This thesis expands upon the Crenshaw, Ocen, and Nanda (2015) report to see if Black girls are also disproportionately penalized in Philadelphia public schools within the School District of Philadelphia (SDP) at higher rates relative ...


The Expansive Scope Of The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Allison R. Ferraris 2021 Boston College Law School

The Expansive Scope Of The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Allison R. Ferraris

Boston College Law Review

On July 8th, 2020, the United States Supreme Court held in Our Lady of Guadalupe School v. Morrissey-Berru that two parochial school teachers, Kristen Biel and Agnes-Morrissey-Berru, were ministers for purposes of the First Amendment’s ministerial exception. This meant that the First Amendment barred their respective employment discrimination actions notwithstanding the merit of their claims. When the Court first recognized the ministerial exception in 2012, in Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, it determined that an employee qualified as a minister through a multi-factor, totality of the circumstances analysis. Yet, in reaching its conclusion in ...


Days Of Decision: San Francisco’S 1960 House Un-American Activities Committee Protest As A Turning Point Of The New Left, Sophie Carter 2021 University of Washington

Days Of Decision: San Francisco’S 1960 House Un-American Activities Committee Protest As A Turning Point Of The New Left, Sophie Carter

Phi Alpha Theta Pacific Northwest Regional Conference

After the degradation of union power throughout the McCarthy era, a new politics took hold among young Americans, and its academic roots and appeal to young leftists established the university as the new institutional mediator for left-wing radicalism in the 1960s, allowing college students to promote antiwar, civil rights, and civil liberties campaigns both on and off campus. Years before the major events that are tied to the New Left in American collective memory, however, Bay Area college students’ protests against the House Un-American Activities Commission garnered national media attention for their perceived radicalism in the face of the federal ...


مدى خضوع غير المسلمين لولاية القضاء الإسلامي - د. أحمد محمد مليجي, 2021 United Arab Emirates University

مدى خضوع غير المسلمين لولاية القضاء الإسلامي - د. أحمد محمد مليجي

Journal Sharia and Law

No abstract provided.


د. أحمد محمد مليجي- تصدي محكمة النقض للفصل في موضوع الدعوى المدنية دراسة مقارنة, 2021 United Arab Emirates University

د. أحمد محمد مليجي- تصدي محكمة النقض للفصل في موضوع الدعوى المدنية دراسة مقارنة

Journal Sharia and Law

ثمة تساؤلات تثور في هذا الصدد ، هل يتلاءم نظام التصدي للموضوع مع وظيفة محكمة النقض في هذه الدول باعتبارها محكمة قانون؟، أم أن حالات التصدي للموضوع تمثل خروجاً على وظيفة محكمة النقض، ومن ثم لا يتلاءم هذا النظام مع وظيفتها؟، وماهي فائة هذا النظام؟، وهل ينبغي إبقائه والمحافظة عليه في مصر وفي دولة الإمارات العربية المتحدة أم ينبغي أبقائه والمحافظة عليه في مصر وفي دولة الإمارات العربية المتحدة أم ينبغي عدم الأخذ به وتحريمه كما فعل المشرع الفرنسي؟ وهل هناك ثغرات في تنظيم المشرع في دولة الإمارات العربية المتحدة تلصدي المحكطمة الاتحادية العليا لموضوع الدعوي؟

وللاجابة على هذه التساؤلات ، فقد ...


Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt 2021 University of Cincinnati College of Law

Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt

University of Cincinnati Law Review

No abstract provided.


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