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Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Matthew W. Green Jr.

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi 2017 Elisabeth Haub School of Law at Pace University

The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi

Pace Law Review

Supporters of hate crime legislation suggest that the primary reason for the codification of hate crime laws is “to send a strong message of tolerance and equality, signaling to all members of society that hatred and prejudice on the basis of identity will be punished with extra severity.” However, hate crime laws may actually be accomplishing the opposite effect of tolerance and equality because they encourage U.S. citizens to view themselves, not as members of our society, but as members of a protected group. The enactment of hate crime legislation at the federal and state levels has led to ...


Toward The Elimination Of De Facto Segregation In Public Schools, Glenn Backer 2017 St. John's University School of Law

Toward The Elimination Of De Facto Segregation In Public Schools, Glenn Backer

The Catholic Lawyer

No abstract provided.


Obergefell’S Impact On Functional Families, Raymond C. O'Brien 2017 The Catholic University of America, Columbus School of Law

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies ...


A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany 2017 Hebrew University of Jerusalem

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial ...


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson 2017 Washington and Lee University

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...


Time For A Change: 20 Years After The "Working Group" Principles, Barbara Cox 2017 California Western School of Law

Time For A Change: 20 Years After The "Working Group" Principles, Barbara Cox

Barbara Cox

This article discusses three aspects of the Association of American Law Schools (AALS) Section on Sexual Orientation and Gender Identity’s history. First, it reviews the section’s activities at the 1992 AALS Annual Meeting. Second, it discusses how the AALS implemented its Bylaw and Executive Committee Regulations that prohibit discrimination on the basis of sexual orientation (and now gender identity after a recent revision). Finally, it encourages the AALS to discontinue use of some of the guidelines adopted in the early 1990s to guide its interactions with religiously affiliated law schools when conflicts arise concerning allegations of sexual orientation ...


Websites As Facilities Under Ada Title Iii, Ryan C. Brunner 2017 Duke Law

Websites As Facilities Under Ada Title Iii, Ryan C. Brunner

Duke Law & Technology Review

Title III of the Americans with Disabilities Act requires public accommodations—private entities that offer goods or services to the public—to be accessible to individuals with disabilities. There is an ongoing debate about whether Title III applies to websites that offer services to the public, but this debate may be resolved in the coming years by litigation or Department of Justice regulations. Assuming for the sake of argument that Title III will eventually be applied to websites, the next inquiry is what that application should look like. The regulatory definition of “facilities” should be amended to include nonphysical places ...


Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr 2017 University of Pennsylvania Law School

Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr

Faculty Scholarship

Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while ...


Detention By Armed Groups Under International Law, Andrew Clapham 2017 Graduate Institute of International and Development Studies

Detention By Armed Groups Under International Law, Andrew Clapham

International Law Studies

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.


Legal Attitudes Of Immigrant Detainees, Emily Ryo 2017 University of Southern California

Legal Attitudes Of Immigrant Detainees, Emily Ryo

University of Southern California Legal Studies Working Paper Series

A substantial body of research shows that people’s legal attitudes can have wide-ranging behavioral consequences. In this article, I use original survey data to examine long-term immigrant detainees’ legal attitudes. I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations. I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention. This finding remains robust controlling for ...


Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School of Law 2017 New York Times

Newsroom: Ny Times: Refugee, Immigrant, And Citizen 02-27-2017, Alexandra S. Levine, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Accountability As A Debiasing Strategy: Does Race Matter?, Jamillah Bowman Williams 2017 Georgetown University Law Center

Accountability As A Debiasing Strategy: Does Race Matter?, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Congress passed Title VII of the Civil Rights Act of 1964 with the primary goal of integrating the workforce and eliminating arbitrary bias against minorities and other groups who had been historically excluded. Yet substantial research reveals that racial bias persists and continues to limit opportunities and outcomes for racial minorities in the workplace. Because these denials of opportunity result from myriad individual hiring and promotion decisions made by vast numbers of managers, finding effective strategies to reduce the impact of bias has proven challenging. Some have proposed that having a sense of accountability, or “the implicit or explicit expectation ...


The Torch: The Civil Rights Team Project, Brandon Baldwin 2017 University of Southern Maine

The Torch: The Civil Rights Team Project, Brandon Baldwin

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58


Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National And New York Bar Associations Of Color, As Amici Curiae In Support Of The Relief Sought By Petitioners And Intervenor-Plaintiff, Fred T. Korematsu Center for Law and Equality, Attorneys for Amicus Curiae 2017 Seattle University School of Law

Brief Of The Fred T. Korematsu Center For Law And Equality, Jay Hirabayashi, Holly Yasui, Karen Korematsu, Civil Rights Organizations, And National And New York Bar Associations Of Color, As Amici Curiae In Support Of The Relief Sought By Petitioners And Intervenor-Plaintiff, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

No abstract provided.


Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis 2017 University of Massachusetts Boston

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Barbara Lewis

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but ...


Poverty Is The New Crime, Michelle Jenkins 2017 DePaul University

Poverty Is The New Crime, Michelle Jenkins

DePaul Journal for Social Justice

No abstract provided.


Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung 2017 Florida Coastal School of Law

Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung

DePaul Journal for Social Justice

No abstract provided.


In Defense Of Birthright Citizenship, Shannon Auvil 2017 The University of Alabama School of Law

In Defense Of Birthright Citizenship, Shannon Auvil

DePaul Journal for Social Justice

No abstract provided.


Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova 2017 DePaul University

Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova

DePaul Journal for Social Justice

No abstract provided.


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