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Gendering Disability To Enable Disability Rights Law, Michelle Travis 2016 University of San Francisco

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

This Article expands the social model of disability by analyzing the interaction between disability and gender. The modern disability rights movement is built upon the social model, which understands disability not as an inherent personal deficiency but as the product of the environment with which an impairment interacts. The social model is reflected in the accommodation mandate of the Americans with Disabilities Act of 1990 ("ADA"), which holds employers responsible for the limiting aspects of their workplace design. This Article shows that the limitations imposed upon impairments result not only from physical aspects of a workplace but also from other ...


Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette 2016 University of New Hampshire

Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment

Based on analysis of a risk assessment for a proposed Louisiana uranium enrichment facility, the authors argue that environmental injustice occurs when assessors' scientific methods cause de facto discrimination.


Nickel And Dimed Into Incarceration: Cash Register Justice In The Criminal System, Laura I Appleman 2016 Willamette University College of Law

Nickel And Dimed Into Incarceration: Cash Register Justice In The Criminal System, Laura I Appleman

Boston College Law Review

Criminal justice debt has aggressively metastasized throughout the criminal system. A bewildering array of fees, fines, court costs, non-payment penalties, and high interest rates have turned criminal process into a booming revenue center for state courts and corrections. As criminal justice “administrative” costs have skyrocketed, the burden to fund the system has fallen largely on the system’s users—primarily poor or indigent—who often cannot pay their burden. Unpaid criminal justice debt often leads to actual incarceration or substantial punitive fines, which turns rapidly into “punishment”. Such punishment at the hands of a court, bureaucracy, or private entity compromises ...


The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell 2016 University of Massachusetts School of Law

The Law Of The Groves: Whittling Away At The Legal Mysteries In The Prosecution Of The Groveland Boys, William R. Ezzell

University of Massachusetts Law Review

This Article tells the legal story of one of the South’s most infamous trials – the Groveland Boys prosecution in central Florida. Called “Florida’s Little Scottsboro,” the Groveland case garnered international attention in 1949 when four young black men were accused of the gang rape of a white woman in the orange groves north of Orlando. Several days of rioting, Ku Klux Klan activity, three murders, two trials, and three death penalty verdicts followed, in what became the most infamous trial in Florida history. The appeals of the trial reached the United States Supreme Court, with the NAACP’s ...


A "Notorious Litigant" And "Frequenter Of Jails": Martin Luther King, Jr., His Lawyers, And The Legal System, Leonard S. Rubinowitz, Michelle Shaw, Michal Crowder 2016 Northwestern University Pritzker School of Law

A "Notorious Litigant" And "Frequenter Of Jails": Martin Luther King, Jr., His Lawyers, And The Legal System, Leonard S. Rubinowitz, Michelle Shaw, Michal Crowder

Northwestern Journal of Law & Social Policy

No abstract provided.


Welcome And Session I: Overview Of Martin Luther King's Career, Kimberly Seymour, Leonard Rubinowitz, Aldon Morris 2016 Northwestern University Pritzker School of Law

Welcome And Session I: Overview Of Martin Luther King's Career, Kimberly Seymour, Leonard Rubinowitz, Aldon Morris

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Ii: Remarks On Martin Luther King's Lawyers, Clayborne Carson 2016 Stanford University

Session Ii: Remarks On Martin Luther King's Lawyers, Clayborne Carson

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Iii: A Conversation About Fred Gray: Rosa Parks' Lawyer And Dr. King's First Lawyer, Darlene Clark Hine, Jonathan L. Entin, Leonard Rubinowitz 2016 Northwestern University

Session Iii: A Conversation About Fred Gray: Rosa Parks' Lawyer And Dr. King's First Lawyer, Darlene Clark Hine, Jonathan L. Entin, Leonard Rubinowitz

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Iv: A Conversation With Judge Horace Ward: Dr. King's Lawyer In Georgia, Destiny Peery, Judge Horace Ward 2016 Northwestern University Pritzker School of Law

Session Iv: A Conversation With Judge Horace Ward: Dr. King's Lawyer In Georgia, Destiny Peery, Judge Horace Ward

Northwestern Journal of Law & Social Policy

No abstract provided.


Session V: A Conversation With Gil Cornfield And Gil Feldman, Cornfield And Feldman; Lawyers For The Chicago Freedom Movement, 1965-1966, Bernardine Dohrn, Gilbert A. Cornfield, Gilbert Feldman 2016 Northwestern University School of Law

Session V: A Conversation With Gil Cornfield And Gil Feldman, Cornfield And Feldman; Lawyers For The Chicago Freedom Movement, 1965-1966, Bernardine Dohrn, Gilbert A. Cornfield, Gilbert Feldman

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Vi: W.J. Michael Cody; Burch, Porter & Johnson (Memphis): Dr. King's Lawyer In Memphis (1968), W.J. Michael Cody 2016 Northwestern University School of Law

Session Vi: W.J. Michael Cody; Burch, Porter & Johnson (Memphis): Dr. King's Lawyer In Memphis (1968), W.J. Michael Cody

Northwestern Journal of Law & Social Policy

No abstract provided.


Session Vii: Concluding Keynote: A Conversation With Dr. Clarence B. Jones, Clayborne Carson, Dr. Clarence B. Jones 2016 Stanford University

Session Vii: Concluding Keynote: A Conversation With Dr. Clarence B. Jones, Clayborne Carson, Dr. Clarence B. Jones

Northwestern Journal of Law & Social Policy

No abstract provided.


Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein 2016 University of Florida Levin College of Law

Unifying Antidiscrimination Law Through Stereotype Theory, Stephanie Bornstein

Stephanie Bornstein

Has litigation under Title VII of the Civil Rights Act of 1964 reached the limit of its utility in advancing workplace equality? After four decades of forward progress on antidiscrimination law in the courts, Supreme Court decisions in the last decade have signaled a retrenchment, disapproving of key theories scholars and advocates had pursued to address workplace discrimination in its modern, more subtle and structural forms. Yet sex and race inequality at work endure, particularly in pay and at the top of organizations.

Notably, while the Roberts Court majority appears skeptical that discrimination persists and resistant to recognizing the role ...


Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas 2016 Georgia State University College of Law

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas

Lauren Sudeall Lucas

Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance ...


Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem 2016 Iowa State University

Black-White Differences In Schooling Investment And Human Capital Production In Segregated Schools, Peter F. Orazem

Peter Orazem

The lower level of school quality available for blacks relative to whites in the segregated era is frequently cited as a primary cause for the currently observed gap in black-white average wages. The inferior education pro­ vided to black children is argued to have caused lower levels of human capital produc­ tion in black schools than white schools. The gap in black-white wages can be traced to this gap in human capital. Similarly, the convergence in black-and-white average wages during the 1960's and 1970's may be explained by the steady convergence in black-and-white school quality and atten­ dance ...


Democracy's Handmaid, Robert L. Tsai 2016 American University Washington College of Law

Democracy's Handmaid, Robert L. Tsai

Robert L Tsai

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this ...


Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru 2016 Temple University

Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru

N. Jeremi Duru

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores the consequences unique to employment discrimination in the race-considered roster construction context. Part III examines the applicability of Title VII doctrine to race-considered roster construction, exploring the factors ...


Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff 2016 Selected Works

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

Nancy D. Polikoff

No abstract provided.


Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff 2016 University of Michigan Law School

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, David L. Chambers, Nancy D. Polikoff

Nancy D. Polikoff

Over these thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, we tell the story of gay people and family law in the United States across this period. We divide our discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, we believe it convenient and helpful to do so as well.


Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman 2016 Selected Works

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman

Jayesh Rathod

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out ...


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