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Gendering Disability To Enable Disability Rights Law, Michelle Travis 2016 University of San Francisco

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


After Obergefell: Finding A Contemporary State Interest In Marriage, Kari E. Hong 2016 Boston College Law School

After Obergefell: Finding A Contemporary State Interest In Marriage, Kari E. Hong

Kari E. Hong

In June 2015, in Obergefell v. Hodges, the Supreme Court established that same-sex couples have a fundamental right to marry. The decision articulated a sweeping defense of marriage, specifically the dignity that the institution provides to its participants and the society as a whole. Many liberal critics have assailed this decision, citing concerns that the reification of marriage---and the tangible benefits of marriage---comes at the cost of disadvantaging non-marital families, a population equal to the number of those who marry. This essay is a counterintuitive attempt to realize that marriage can offer protections for vulnerable populations. Specifically, in the immigration ...


From Footnote To Footprint: Obergefell'S Call To Reconsider Immigration Law As Family Law, Kari E. Hong 2016 Boston College Law School

From Footnote To Footprint: Obergefell'S Call To Reconsider Immigration Law As Family Law, Kari E. Hong

Kari E. Hong

This chapter is an engagement with the Obergefell decision to suggest one way in which the decision’s articulation of the citizen’s relationship with the government (or ‘the State,’ as is the preferred nomenclature among some) is quite groundbreaking. American law—and American values—has a mythical and actual embrace of privacy as a valued and near-inviolable right. The belief that American citizens have a zone of privacy, a right to remain free from government intervention, has captured the imagination of both liberals and conservatives when embracing the rights to abortion, family planning, and gun ownership. However, instead of ...


After Obergefell: Finding A Contemporary State Interest In Marriage, Kari E. Hong 2016 Boston College Law School

After Obergefell: Finding A Contemporary State Interest In Marriage, Kari E. Hong

Boston College Law School Faculty Papers

In June 2015, in Obergefell v. Hodges, the Supreme Court established that same-sex couples have a fundamental right to marry. The decision articulated a sweeping defense of marriage, specifically the dignity that the institution provides to its participants and the society as a whole. Many liberal critics have assailed this decision, citing concerns that the reification of marriage---and the tangible benefits of marriage---comes at the cost of disadvantaging non-marital families, a population equal to the number of those who marry. This essay is a counterintuitive attempt to realize that marriage can offer protections for vulnerable populations. Specifically, in the immigration ...


From Footnote To Footprint: Obergefell'S Call To Reconsider Immigration Law As Family Law, Kari E. Hong 2016 Boston College Law School

From Footnote To Footprint: Obergefell'S Call To Reconsider Immigration Law As Family Law, Kari E. Hong

Boston College Law School Faculty Papers

This chapter is an engagement with the Obergefell decision to suggest one way in which the decision’s articulation of the citizen’s relationship with the government (or ‘the State,’ as is the preferred nomenclature among some) is quite groundbreaking. American law—and American values—has a mythical and actual embrace of privacy as a valued and near-inviolable right. The belief that American citizens have a zone of privacy, a right to remain free from government intervention, has captured the imagination of both liberals and conservatives when embracing the rights to abortion, family planning, and gun ownership. However, instead of ...


Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King 2016 University of Southern Mississippi

Access Versus Success: An Examination Of The Effectiveness Of The Summer Developmental Program In Mississippi Higher Education, Amanda Susanne King

Dissertations

Historical racial segregation within Mississippi’s public universities and colleges has led to litigation that spanned 25 years and eventually led to sweeping changes in policies and practices. Among these changes were the standardization of admission criteria and the creation of the Summer Developmental Program (SDP). This study sought to better understand the intentions and motives behind the creation and implementation of the SDP at all of the four-year public institutions in Mississippi stemming from the United States v. Fordice (1992) higher education desegregation case. This study compared retention and graduation rates of SDP participants to non-SDP participants from the ...


Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson 2016 Valparaiso University

Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.


The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea VanderVelde 2016 Seattle University School of Law

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction ...


The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller 2016 Seattle University School of Law

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller

Seattle University Law Review

Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever ...


A Positive Right To Free Labor, Rebecca E. Zietlow 2016 Seattle University School of Law

A Positive Right To Free Labor, Rebecca E. Zietlow

Seattle University Law Review

This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary ...


The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway 2016 Seattle University School of Law

The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway

Seattle University Law Review

Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois ...


Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros 2016 Seattle University School of Law

Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros

Seattle University Law Review

The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.


Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros 2016 Seattle University School of Law

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros

Seattle University Law Review

The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.


The Constitution And Slavery Overseas, George Rutherglen 2016 Seattle University School of Law

The Constitution And Slavery Overseas, George Rutherglen

Seattle University Law Review

This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power ...


Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer 2016 Seattle University School of Law

Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer

Seattle University Law Review

This Article begins with a brief reprise of what should be a textual “gotcha” about the Enforcement Clauses of the post-Civil War Amendments—if our current Supreme Court Justices actually cared about original texts, originalism, or a combination of the two. Next, the Article focuses on the gnarled issue of “coercion.” It argues that, contrary to a great deal of Anglo-American legal doctrine, coercion is best understood along a spectrum rather than as a binary phenomenon. Coercion is actually much contested and highly contextual across many legal categories. Federal coercion—also described as commandeering or dragooning— has become a particular ...


Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr. 2016 Seattle University School of Law

Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.

Seattle University Law Review

The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth ...


The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason McAward 2016 Seattle University School of Law

The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward

Seattle University Law Review

The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated ...


The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope 2016 Seattle University School of Law

The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope

Seattle University Law Review

In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson ...


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