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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 ...


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett 2014 Maurer School of Law: Indiana University

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


Good Faith Discrimination, Girardeau A. Spann 2014 SelectedWorks

Good Faith Discrimination, Girardeau A. Spann

Girardeau A Spann

Good Faith Discrimination

Girardeau A. Spann


Abstract

The Supreme Court’s current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Court’s racial jurisprudence stem from the Court’s willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent ...


Sexual Harassment Awareness: A Free Training Module For Hospitality Venues, Mary Cook 2014 Purdue University

Sexual Harassment Awareness: A Free Training Module For Hospitality Venues, Mary Cook

Purdue Journal of Service-Learning and International Engagement

No abstract provided.


Equality And Democracy, Steven L. Winter 2014 SelectedWorks

Equality And Democracy, Steven L. Winter

Steven L Winter

Brown is the most celebrated case in 20th Century Constitutional Law but its egalitarian vision is under attack. This article examines the meaning of equality and its constitutive relation to democracy. It contrasts Robert Post’s and Peter Westen’s arguments critical equality with Charles Sumner’s arguments in Roberts v. City of Boston (1849) and the original, Athenian understanding of democracy on which it is based. It then considers the social and power dynamics of gender before, during, and after the January 25th uprising in Tahrir Square in Egypt. The critical lesson it draws from Roberts and Tahrir is ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2014 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 Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr. 2014 SelectedWorks

The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr.

Philip G. Peters Jr.

Congress spends billions of dollars each year on social programs that don’t work. To cure this, both Congress and the current Administration have turned to small competitive funding programs, like the Investing in Innovation program, to find and fund programs with the strongest evidence of impact. Yet, the largest federal programs are formula-based, not competitive. They distribute over $300 billion annually using formulas based on factors like population and poverty. This Article explores whether formula-based programs can also be designed to restrict funding to interventions that are genuinely evidence-based.

The challenge of directing money to proven service models is ...


Federal Programs And The Real Costs Of Policing, Rachel A. Harmon 2014 SelectedWorks

Federal Programs And The Real Costs Of Policing, Rachel A. Harmon

Rachel A. Harmon

Dozens of federal statutes authorize federal agencies to give money and power to local police departments and municipalities in order to improve public safety. While federal programs encourage better coordination of local police efforts and make public safety less financially costly for local communities, they also have a darker side: they encourage harmful policing. Of course, policing often interferes with our interests in autonomy, privacy and property, and those harms are often worthwhile in exchange for security and order. Federal public safety programs, however, are designed, implemented, and evaluated without reference to the non-budgetary costs of policing. When those costs ...


Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson 2014 SelectedWorks

Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson

Eric Alan Isaacson

Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages.

Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular ...


After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher S. Elmendorf, Douglas M. Spencer 2014 SelectedWorks

After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher S. Elmendorf, Douglas M. Spencer

Christopher S. Elmendorf

Until the Supreme Court put an end to it in Shelby County v. Holder, Section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, Section 2, is generally seen as expensive, cumbersome and almost wholly ineffective at blocking changes before they take effect. This paper argues that the courts, in partnership with the Department of Justice, could reform Section 2 so that it fills much of the gap left by the Supreme Court’s evisceration of Section ...


Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf 2014 SelectedWorks

Immigrants Unshackled: The Unconstitutional Use Of Indiscriminate Restraints, Fatma E. Marouf

Fatma E Marouf

This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and ...


A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg 2014 University of San Francisco

A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg

Peter J Honigsberg

No abstract provided.


A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. McFarlin, Joshua Lee 2014 SelectedWorks

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics ...


The Breach Of The Common Law Trust Relationship Between The United States And African Americans - A Substantive Right To Reparations, Ayesha B. Hardaway 2014 SelectedWorks

The Breach Of The Common Law Trust Relationship Between The United States And African Americans - A Substantive Right To Reparations, Ayesha B. Hardaway

Ayesha B. Hardaway

Domination and elaborate control of Africans in colonial America, and later the United States, were exerted to provide the requisite framework for the economically profitable Trans-Atlantic slave trade. Proponents of slavery characterized the aims of slavery in pseudo-paternalistic terms to “train” and “civilize[e] the untutored savage.”Even after the formal end of slavery, the U.S. and local governments continued to exercise its domination and elaborate control by enforcing a national system of racial segregation and discrimination. That system of government-sanctioned laws was so pervasive and commonly accepted that it has been personified as “Jim Crow.” As a result ...


What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent J. Samar 2014 SelectedWorks

What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent J. Samar

Vincent J. Samar

Abstract

What Impact the Supreme Court’s Recent Hobby Lobby

Decision Might Have for LGBT Civil Rights?

Vincent J. Samar

The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the ...


Schuette, Electoral Process Guarantees, And The New Neutrality, Mark Strasser 2014 SelectedWorks

Schuette, Electoral Process Guarantees, And The New Neutrality, Mark Strasser

Mark Strasser

Last term in Schuette v. Coalition to Defend Affirmative Action, the United States Supreme Court addressed the breadth of electoral process guarantees, which have stood as a bulwark against attempts to impose extra electoral burdens on discrete minorities. While the Schuette holding is clear—federal constitutional guarantees are not necessarily violated by the voters’ amending their state constitution to preclude the state from affording racial preferences—the plurality opinion raises more questions than it answers both with respect to the particular constitutional doctrine before the Court and with respect to equal protection jurisprudence more generally. The plurality has now not ...


Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston 2014 The Catholic University of America, Columbus School of Law

Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston

Catholic University Law Review

No abstract provided.


An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch 2014 University of Nebraska - Lincoln

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

Theses from the College of Journalism and Mass Communications

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such policies ...


Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson 2014 Salve Regina University

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.


‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo 2014 Salve Regina University

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9 ...


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