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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 ...


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2015 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello 2015 Indiana Tech Law School

Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello

Adam Lamparello

In Riley v. California, the United States Supreme Court ushered privacy protections into the digital era and signaled that the Fourth Amendment would not become a constitutional afterthought. The Court unanimously held that, absent exigent circumstances, law enforcement officers could not search any area of an arrestee’s cell phone, including the outgoing call log, without a warrant and probable cause. At first glance, Riley appears to be a landmark decision in favor of individual privacy rights. As with most things, however, the devil is in the details, and the details in Riley make any celebration over the seemingly enhanced ...


Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello 2015 Indiana Tech Law School

Riley V. California: A Pyrric Victory For Privacy, Adam Lamparello

Adam Lamparello

In Riley v. California, the United States Supreme Court ushered privacy protections into the digital era and signaled that the Fourth Amendment would not become a constitutional afterthought. The Court unanimously held that, absent exigent circumstances, law enforcement officers could not search any area of an arrestee’s cell phone, including the outgoing call log, without a warrant and probable cause. At first glance, Riley appears to be a landmark decision in favor of individual privacy rights. As with most things, however, the devil is in the details, and the details in Riley make any celebration over the seemingly enhanced ...


For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, Michele N. Struffolino 2015 Nova Southeastern University - Shepard Broad Law Center

For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, Michele N. Struffolino

Michele N Struffolino

For Men Only: A Gap in the Rules Makes Sex Discrimination in the Client Selection Process Ethical

By Professor Michele N. Struffolino

ABSTRACT

_________________________________________________________________________________

The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?

Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only ...


The End Of At-Will Employment? The “”Color-Blind” Standard Of Intent To Discriminate, Michael J. Zimmer 2015 Loyola University Chicago, School of Law

The End Of At-Will Employment? The “”Color-Blind” Standard Of Intent To Discriminate, Michael J. Zimmer

Michael J Zimmer

The End of At-Will Employment? The “”Color-Blind” Standard of Intent to Discriminate

Abstract

In Ricci v. DeStefano, the New Haven firefighters case, the Supreme Court decided as a matter of law that New Haven had committed intentional disparate treatment discrimination against some of the white testtakers when it did not use the results of a promotion test because its use would have resulted in an adverse effect on black and Latino testtakers. A careful reading of Ricci establishes how it has a significant potential impact on all disparate treatment cases. Because liability was established simply on the fact that New ...


Gentrification And Urban Public School Reforms: The Interest Divergence Dillema, Erika Wilson 2015 University of North Carolina at Chapel Hill

Gentrification And Urban Public School Reforms: The Interest Divergence Dillema, Erika Wilson

Erika K. Wilson

Across the country cities are experiencing rapid increases in gentrification: the influx of middle-class, often white residents, into cities with large minority populations. In some gentrifying cities, significant numbers of white middle-class residents are enrolling their children in city public schools, reversing a long standing trend of white flight out of city schools. Local officials value the renewed interest in public schools by these residents because it represents an opportunity to keep them, and their tax dollars, from fleeing to the suburbs once they have school aged children.

This Article chronicles the ways in which local officials in gentrifying cities ...


Does It Matter How One Opposes Memory Bans? A Commentary On Liberte Pour L'Histoire, Robert Kahn 2015 University of St. Thomas School of Law

Does It Matter How One Opposes Memory Bans? A Commentary On Liberte Pour L'Histoire, Robert Kahn

Robert Kahn

This paper examines Liberté pour l'Histoire, a group of French historians who led the charge against that nation’s memory laws, in the process raising unique arguments not found elsewhere in the debate over hate speech regulation. Some of these arguments – such as a focus on how the constitutional structure of the Fifth Republic encouraged memory laws – advance our understanding of the connection between hate speech bans and political institutions. Other arguments, however, are more problematic. In particular, Liberté historians struggle to distinguish the Holocaust (which is illegal to deny) from the Armenian Genocide (which is not). The Liberté ...


Once We’Re Done Honeymooning: Marriage Equality, Incrementalism, And Advances For Sexual Orientation Antidiscrimination, Jeremiah A. Ho 2015 University of Massachusetts School of Law

Once We’Re Done Honeymooning: Marriage Equality, Incrementalism, And Advances For Sexual Orientation Antidiscrimination, Jeremiah A. Ho

Jeremiah A Ho

Once We’re Done Honeymooning: Marriage Equality, Incrementalism, and Advances for Sexual Orientation Antidiscrimination

Abstract

Following the Supreme Court’s decision in U.S. v. Windsor, each recent victory in the federal courts has evidenced that the legal recognition of same-sex marriages in the U.S. is becoming increasingly secure. Yet, can marriage equality be the last stop in the pro-LGBT movement, or should we expect sexual minorities to advance in other legal arenas? Should we expect that the recent strides in marriage equality can somehow leverage broader protections of LGBT individuals beyond their marital relationships?

This article begins from ...


Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel 2015 Denver University, Sturm College of Law

Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel

David B Kopel

Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the ...


Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan D. Carle 2015 American University Washington College of Law

Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan D. Carle

Susan D. Carle

In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or ...


Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman 2015 USC Law School

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

If it were not so common, the reasoning in Walden v. Fiore would seem bizarre: the jurisdiction of a federal court over a federal claim against a federal agent depends on how much power the constitution allows the state of Nevada. This strange result is, of course, the result of FRCP 4(k)(1)(A), which, in most cases, makes the jurisdiction of a federal district court co-extensive with the jurisdiction of a state court of general jurisdiction in the same district. Less obviously, the outcome in Walden v. Fiore reflects Stafford v. Briggs, which, contrary to the plain language ...


Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2015 USC Law School

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a rare glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been almost no empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of more than four hundred mediations. Nearly all the cases involved employment disputes, such as claims of discrimination or wrongful termination. Among the most interesting facts uncovered by this analysis are the following. Mediation can be extremely effective in facilitating settlement. The mediator studied here achieved a settlement rate of over 94 ...


Gingles Versus Shaw: Why The Sweet Spot Between Thornburg V. Gingles And Shaw V. Reno Calls For An Amended § 2, Timothy L. O'Hair 2015 Pepperdine University

Gingles Versus Shaw: Why The Sweet Spot Between Thornburg V. Gingles And Shaw V. Reno Calls For An Amended § 2, Timothy L. O'Hair

Timothy L. O'Hair

Minority voter enfranchisement, and the related issue of minority voter dilution, has been a back and forth issue since the Reconstruction Era—the Fifteenth Amendment was countered by the Jim Crow laws, which were countered by the Voting Rights Act, and so on (this paper goes in depth regarding this seesaw history). After the 1982 Amendments to the VRA, the holding in Thornburg v. Gingles articulated a threshold to ensure minority groups receive a majority-minority district when the group is sufficiently large and compact and politically cohesive. Shaw v. Reno frustrated this by enabling an Equal Protection claim for the ...


A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York 2015 College of William and Mary

A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York

Sarah York

This paper suggests that the 3rd Amendment has not been properly analyzed by the Court to reflect its broad basis and the intent of the founding fathers concerning the limitations on the use of military force on the civilian population. The paper specifically examines the 1033 program that streamlines the process for domestic police forces to take possession of military surplus weapons, vehicles, and tactical gear. The Posse Comitatus and the documented discussions of the founding fathers are used to support the argument that the 3rd Amendment was not meant to be limited to a strict interpretation of ...


A Wall Of Legislative Obstacles In The Path Of A Woman Exercising Her Right To An Abortion: Planned Parenthood Arizona, Inc. V. Betlach, Angela Breslin 2015 Golden Gate University School of Law

A Wall Of Legislative Obstacles In The Path Of A Woman Exercising Her Right To An Abortion: Planned Parenthood Arizona, Inc. V. Betlach, Angela Breslin

Golden Gate University Law Review

This Note addresses the limited impact of the Ninth Circuit’s holding in Planned Parenthood Arizona, Inc. v. Betlach, especially for women living in states hostile to abortion rights. These legislative attempts to infringe on a woman’s right to an abortion are based on opinion and emotion, not reason and common sense. An objective view of the legislation stacked against a woman in exercising her right, including legislation against physicians who provide the service, illustrates how all of these obstacles have effectively become a wall. A woman’s constitutional right should not continue to be chipped away, one state ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2015 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele 2015 Brooklyn Law School

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the ...


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele 2015 Brooklyn Law School

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

Ursula Bentele

Examination of the universe of cases in which the Supreme Court has recently reversed grants of federal habeas relief by circuit courts by issuing summary, per curiam opinions reveals some disturbing patterns. Substantively, the opinions continue the Court’s narrow interpretation of what law has been so clearly established that state courts must abide by its constitutional principles. Moreover, any rejection of a constitutional claim must be upheld unless there is no possibility that fairminded jurists could disagree with that determination. In terms of process, the summary reversals are issued in response to petitions for review by wardens, when the ...


Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore 2015 University of Cincinnati College of Law

Democracy Enhancement And The Sixth Amendment Right To Choose, Janet Moore

Janet Moore

A democracy deficit undermines the legitimacy of criminal justice systems. People enmeshed in these systems are disproportionately poor people and people of color with little voice in creating or implementing the governing law. A stark example is the Sixth Amendment right to choose a lawyer. This understudied and undertheorized right is protected for criminal defendants who can afford to hire counsel. Yet according to Supreme Court dicta and rulings by other courts across the country, poor people “have no right to choose” their lawyers. This Article argues that the Sixth Amendment right to choose should apply to the overwhelming majority ...


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