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Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, yehezkel Margalit 2015 SelectedWorks

Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit

Hezi Margalit

The dilemma of scarce medical resources is deeply rooted in the ancient mankind history, but it has been accelerated in the modern era with the appearance of the bio-medical innovations. This acute dilemma is relevant to all the western developed states, include Israel. Nevertheless, in one field there is the notion that Israel has unlimited medical resources – the fulfillment of its citizen's procreation and parenthood rights. Thus, for sociological, demographical, religious and security reasons the State of Israel invests a vast amount of money to develop and use the various fertility treatments. Israel, today, has the highest per capita ...


Schuette, Facial Neutrality And The Constitution, Mark Strasser 2015 Capital University Law School

Schuette, Facial Neutrality And The Constitution, Mark Strasser

Mark Strasser

Equal protection jurisprudence continues to evolve. The Court’s recent decision in Schuette v. Coalition to Defend Affirmative Action expressly disavows that it is modifying the existing equal protection jurisprudence, while nonetheless employing an approach that had previously been rejected in a few different respects. As to whether the Court has radically altered the existing equal protection jurisprudence in any of these respects sub silentio or, instead, has simply suspended the accepted constitutional rules in this particular case, this remains to be seen.

This article discusses the developing equal protection jurisprudence with respect to racial classifications, and then focuses on ...


Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing 2015 Mississippi College School of Law

Executing On An Empty Tank: Protecting The Supply Of Lethal Injection Drugs From Public Records Requests, Ira K. Rushing

Ira K Rushing

With the US Supreme Court holding the death penalty and lethal injection as Constitutional, there has been a new strategy for condemned prisoners. Using public information requests to discover the identities of the suppliers of lethal injection drugs and others in ancillary roles, the media has broad range to publish this information. This has led to many suppliers and compounding pharmacies to withhold supplies of the drugs to states using them in executions.

This paper lays out a history of the death penalty in Mississippi that has gotten us to this point. It then attempts to provide persuasive arguments on ...


Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht 2015 Florida State University

Full Faith And Credit For Homosexual Marriage And A Resurgent Defense Of Marriage Act, Steven Specht

Steven Specht

When the Court considered Section 3 of the Defense of Marriage Act (DOMA) in United States v. Windsor, it carefully avoided addressing Section 2 which created the ability for states to ignore the Full Faith and Credit Clause of the U.S. Constitution. Though bans on same-sex or homosexual marriage are slowly being overturned by the courts, Section 2 creates a work-around for many states to not recognize same-sex marriages from other states on grounds of public policy. Even if the Court is to strike down all state bans on same-sex marriage in an upcoming opinion, no case on Section ...


The Future Of Voting Rights In Indian Country Following Shelby County And Inter Tribal Council Of Arizona, Jeanette Wolfley 2015 SelectedWorks

The Future Of Voting Rights In Indian Country Following Shelby County And Inter Tribal Council Of Arizona, Jeanette Wolfley

Jeanette Wolfley

No abstract provided.


Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica B. Carusello 2015 Florida State University

Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica B. Carusello

Monica B Carusello

No abstract provided.


Recognizing Discrimination: Lessons From White Plaintiffs, Wendy Parker 2015 University of Florida Levin College of Law

Recognizing Discrimination: Lessons From White Plaintiffs, Wendy Parker

Florida Law Review

The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically repositioned the meaning of Brown v. Board of Education. That opinion all but guarantees that eventually Abigail Noel Fisher will win her case against the University of Texas. In the meantime, however, the case also holds promise for minority plaintiffs. While many have lamented Parents Involved and its use of Brown, we have missed the promise of the Roberts Court’s ...


Does The Right To Elective Abortion Include The Right To Ensure The Death Of The Fetus?, Stephen G. Gilles 2015 Quinnipiac University School of Law

Does The Right To Elective Abortion Include The Right To Ensure The Death Of The Fetus?, Stephen G. Gilles

Stephen G Gilles

Is the right to an elective abortion limited to terminating the woman’s pregnancy, or does it also include the right to ensure the death of the fetus? Important as this question is in principle, in today’s world the conduct that would squarely raise it cannot occur in practice. The right to elective abortion applies only to fetuses that are not viable, which by definition means that they have been determined to have no realistic chance of surviving outside the uterus. Even if abortion providers used fetus-sparing methods rather than the fetus-killing methods they currently prefer, pre-viable fetuses would ...


Unpaid Interns & The Practice Of Unprotected Working: Building From A History Of Learning On The Job; A Note, Troy D. Warner 2015 Valparaiso University School of Law

Unpaid Interns & The Practice Of Unprotected Working: Building From A History Of Learning On The Job; A Note, Troy D. Warner

Troy D Warner

Student interns are provided protection from gender discrimination and sexual harassment in their student capacity by Title VII of the Civil Rights Act of 1964 (CRA), and as employees by Title IX of the CRA. However unpaid student interns are neither considered students nor employees, and thus slip through the cracks of coverage provided by Titles VII & IX. They are working unprotected by the law from sexual harassment and sexual discrimination. The Department of Labor has two classifications created by regulations, which provide protections to workers not legally employees, just as unpaid interns are not employees.

The Department of Labor ...


Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan

Scholarly Works

Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the ...


La Discriminación Por Edad: Cuando El Paso Del Tiempo Afecta Tener Un Empleo, Silvia Roxana Sotomarino 2015 Pontificia Universidad Católica del Perú

La Discriminación Por Edad: Cuando El Paso Del Tiempo Afecta Tener Un Empleo, Silvia Roxana Sotomarino

Silvia Roxana Sotomarino

Discrimination is due to human conduct individual and social groups (and even the States) that is nothing new. What is new is the awareness of its existence, regulation and mechanisms of protection against it. History and our own experience shows the qualitative changes in the way of dealing with others due to certain circumstances


Real Men, Luke A. Boso 2015 University of San Francisco School of Law

Real Men, Luke A. Boso

Luke A. Boso

Men experience discrimination every day at work and at school because they fail to look or behave like real men. Most courts now hold that men can prove sex discrimination by presenting evidence that the defendant harassed or bullied the plaintiff because he fails to conform to sex stereotypes. But judges in these cases are reluctant to find that defendants intended to discriminate “because of sex,” which is required to state a valid claim under statutory anti-discrimination law. Instead, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what ...


Epilogue: Moral Panics And Body Cameras, Howard M. Wasserman 2015 FIU College of Law

Epilogue: Moral Panics And Body Cameras, Howard M. Wasserman

Washington University Law Review Commentaries

This brief follow-up to Moral Panics and Body Cameras comments on in the weeks after that essay was published on the Commentaries website and what those events show about the efficacy of body cameras and video evidence as a response to police-public conflicts.


Fundamental Rights And Concessions Of Privilege, Adam MacLeod 2015 Faulkner University

Fundamental Rights And Concessions Of Privilege, Adam Macleod

Adam MacLeod

On the eve of its final triumph, has the cause of marriage equality fallen short? This essay discusses persistent differences in the incidents that attach to same-sex marriages versus man-woman marriages. It examines these in light of the distinction between fundamental rights and concessions of privilege in marriage law, and in common law constitutionalism generally. It suggests that proponents of marriage equality and courts would do well to give more attention to this distinction, and that lawmakers would do well to consider how additional concessions of privilege can best serve the interests of all.


Griswold At 50: Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel 2015 Duke Law School

Griswold At 50: Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

Challenges to federal law requiring insurance coverage of contraception are occurring on the eve of the 50th Anniversary of the U.S. Supreme Court’s decision in Griswold v. Connecticut. It is a good time to reflect on the values served by protecting women’s access to contraception.

In 1965, the Court ruled in Griswold that a law criminalizing the use of contraception violated the privacy of the marriage relationship. Griswold offered women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the ...


City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello 2014 Indiana Tech Law School

City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello

Adam Lamparello

Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway. Put differently, a hotel owner’s expectation of privacy in ...


City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello 2014 Indiana Tech Law School

City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello

Adam Lamparello

Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway.

Put differently, a hotel owner’s expectation of privacy in ...


Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee 2014 Touro College Jacob D. Fuchsberg Law Center

Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee

Touro Law Review

No abstract provided.


First Amendment Decisions - 2002 Term, Joel Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


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