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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.


Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer 2016 West Virginia University College of Law

Trading Police For Soldiers: Has The Posse Comitatus Act Helped Militarize Our Police And Set The Stage For More Fergusons?, Arthur Rizer

Arthur Rizer

No abstract provided.


A Word For The Common Good, Thomas L. Shaffer 2016 Selected Works

A Word For The Common Good, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


A Word For The Common Good, Thomas L. Shaffer 2016 Selected Works

A Word For The Common Good, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer 2016 University of California - Berkeley

Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer

Sean Farhang

In this paper we investigate whether, when Congress relies upon private lawsuits to implement a law, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. We ask: In statutes with private rights of action, can Congress substantially affect the degree to which plaintiffs are represented by counsel? Using an original and novel dataset based upon review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981 to 2000, we examine the effects of the Civil ...


Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer 2016 Univ of Penn Law School

Private Enforcement, Stephen B. Burbank, Sean Farhang, Herbert Kritzer

Sean Farhang

Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of ...


Peter Approved My Visa, But Paul Denied It, Emily Callan, JohnPaul Callan 2016 George Mason University

Peter Approved My Visa, But Paul Denied It, Emily Callan, Johnpaul Callan

DePaul Journal for Social Justice

No abstract provided.


Prison Bars On Classroom Doors, Cornelius Lee 2016 DePaul University

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.


How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman 2016 DePaul University College of Law

How And Why A Code Of Silence Between State's Attorneys And Police Officers Resulted In Unprosecuted Torture, Elliott Riebman

DePaul Journal for Social Justice

No abstract provided.


What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum 2016 Golden Gate University School of Law

What (And Whom) State Marijuana Reformers Forgot: Crimmigration Law And Noncitizens, Carrie Rosenbaum

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2016 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu 2016 Boston College Law School

Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu

Boston College International and Comparative Law Review

China’s fairly recent implementation of a social security insurance scheme that includes foreign workers has generated unintended uncertainties and inconsistencies both for foreign companies in China and for Chinese companies working outside China, without generating clear benefits for foreign workers. This Note provides an overview of the new scheme, which requires, for the first time, all foreign workers and their employers to pay into the social security insurance system. Weaknesses in this new scheme include inconsistent implementation, scattered timelines, and incomplete information on coverage. In the face of these and other shortcomings, China should focus on the benefits of ...


Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger 2016 University of Missouri School of Law

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Lauren Edelman

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend ...


Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo 2016 FIU College of Law

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

José Gabilondo

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.


Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue 2016 University of Miami Law School

Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue

University of Miami Race & Social Justice Law Review

This Article provides two principal contributions to the study of wrongful convictions. First, it fills a gap in the literature by clarifying the scope of a capital defendant’s constitutional right to use statistics when attacking a wrongful conviction caused by racial bias in jury selection. In doing so, the Article not only examines the content of the Court’s jurisprudence but it also explores the historical “arc” toward greater evidentiary protections. This arc has been guided primarily by the realization that prior narrower solutions have been ineffective at combating racially-motivated peremptory strikes. The Article will also place modern statistical ...


The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell 2016 Seattle University School of Law

The Incongruous Intersection Of The Black Panther Party And The Ku Klux Klan, Angela A. Allen-Bell

Seattle University Law Review

When, in 2015, a Louisiana prison warden publically likened the Black Panther Party to the Ku Klux Klan, I was stunned. The differences between the two groups seemed so extreme and so obvious I could not imagine ineptness of this magnitude. Not long after this, a Georgia legislator unashamedly express that the Ku Klux Klan was not a racist, terrorist group, but merely a vigilante group trying to keep law and order. After initial dismay, each of these instances evoked thoughts of the far-reaching implications of officials making operational and policy decisions around such a flawed appreciation of history. These ...


Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni 2016 Seattle University School of Law

Begging For Due Process: Defending The Rights Of Urban Outcasts In An Italian Town, Giacomo Pailli, Alessandro Simoni

Seattle University Law Review

Adult begging in Italy has been decriminalized since a Constitutional Court decision in 1995 and an ensuing law, no. 205, in 1999. Nonetheless, beggars, particularly Roma ones, are still perceived by the public as a nuisance, like an issue that should be dealt with. Sensible to the pressure of its constituency, even Florence—a city with a tradition of openness and inclusion—has taken measures against begging and other similar street-level economic activities. Between 2007 and 2008, the first wave of city action in Florence was directed at windshield cleaners at traffic lights. Even though the policy was challenged, it ...


Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol 2016 Seattle University School of Law

Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol

Seattle University Law Review

I am much honored to be here, in such remarkable company. By my lights, the folks in this room represent the best of the legal academy; those who think, stunningly, that the real world, outside campus walls, actually matters; those who, every day, live out Václav Havel’s definition of hope. Havel thought of hope not as a prediction of success or a description of the world around us but as a conscious choice to live in the belief that we can make a difference in the quality of our shared, and sometimes threatened, lives. When you think about it ...


Confronting Race And Collateral Consequences In Public Housing, Ann Cammett 2016 Seattle University School of Law

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett

Seattle University Law Review

Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of ...


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