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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 ...


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 SelectedWorks

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 SelectedWorks

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 ...


Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce 2014 University of Georgia School of Law

Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce

Georgia Journal of International & Comparative Law

No abstract provided.


Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson 2014 Touro College Jacob D. Fuchsberg Law Center

Road To Booker And Beyond: Constitutional Limits On Sentence Enhancements, John Gleeson

Touro Law Review

No abstract provided.


Discrimination Cases In The October 2004 Term, Eileen M. Kaufman 2014 Touro College Jacob D. Fuchsberg Law Center

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz 2014 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik 2014 University of Massachusetts School of Law

Race Indeed Above All: A Reply To Professors Andrea Curcio, Carol Chomsky, And Eileen Kaufman, Dan Subotnik

University of Massachusetts Law Review

Dan Subotnik responds to Andrea Curcio, Chomsky, and Eileen Kaufman, Testing, Diversity, and Merit: A Reply to Dan Subotnik and Others, 9 U. Mass. L. Rev. 206 (2014).


Do Cameras Make A Difference? The Death Of Eric Garner And Another “No Indictment”, Donald Roth 2014 Dordt College

Do Cameras Make A Difference? The Death Of Eric Garner And Another “No Indictment”, Donald Roth

Faculty Work

"If body cameras are supposed to help clear up the record, why was there no indictment in a case that seems so clearly abusive, and if a grand jury declined to indict despite the video evidence, what use is adopting cameras?"

Posting about the grand jury decision in New York City following the death of Eric Garner and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/do-cameras-make-a-difference-the-death-of-eric-garner-and-another-no-indictment/


Judicial Review And Judicial Supremacy, Jeremy Waldron 2014 NELLCO

Judicial Review And Judicial Supremacy, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy. The paper associates judicial supremacy with three distinct tendencies in constitutional politics: (1) the temptation of courts to develop and pursue a general program (of policy and principle of their own) rather than just to intervene on a piecemeal basis; (2) the tendency of the highest court to become not only supreme ...


United States Ratification Of The United Nations Covenants, Richard B. Lillich 2014 University of Georgia School of Law

United States Ratification Of The United Nations Covenants, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.


Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd 2014 Boston College Law School

Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd

Boston College Law Review

Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...


Justice Alito’S Dissent In Loving V. Virginia , Christopher R. Leslie 2014 Boston College Law School

Justice Alito’S Dissent In Loving V. Virginia , Christopher R. Leslie

Boston College Law Review

In 1967, in Loving v. Virginia, the U.S. Supreme Court unanimously struck down miscegenation statutes, which criminalized interracial marriage, as unconstitutional. In 2013, the Court in United States v. Windsor invalidated Section 3 of the so-called Defense of Marriage Act (“DOMA”), which precluded federal agencies from recognizing marriages between same-sex couples even if the marriages were legally valid in the couples’ home state. While Loving was a unanimous decision, the Court in Windsor was closely divided. Almost half a century after Chief Justice Warren issued his unanimous Loving opinion, the Loving dissent has been written. Justice Alito authored it ...


No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth 2014 Dordt College

No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth

Faculty Work

"It was no surprise that this decision stirred strong emotional responses across the board, with many taking the same decision as either full exoneration of Mr. Wilson or proof positive of a racist system incapable of producing justice. So how do we make sense of what has happened?"

Posting about the grand jury decision in Ferguson, Missouri following the death of Michael Brown and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/no-indictment-making-sense-of-mondays-decision-in-ferguson/


The Case For Defamatory Opinion, Adam Lamparello 2014 SelectedWorks

The Case For Defamatory Opinion, Adam Lamparello

Adam Lamparello

The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite ...


Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson 2014 Bowling Green State University

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing ...


The Case For Defamatory Opinion, Adam Lamparello 2014 SelectedWorks

The Case For Defamatory Opinion, Adam Lamparello

Adam Lamparello

The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite ...


General Discussion, Third Comparative Labor Law Roundtable 2014 University of Georgia School of Law

General Discussion, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.


Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson 2014 University of Georgia School of Law

Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson

Georgia Journal of International & Comparative Law

No abstract provided.


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