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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 ...


Real Men, Luke A. Boso 2015 SelectedWorks

Real Men, Luke A. Boso

Luke A. Boso

Men are discriminated against every day in work and at school because they fail to look or behave like “real” men. Most courts hold that sex discrimination includes treating a man differently because he fails to conform to sex stereotypes. But judges are reluctant to infer intent to discriminate “because of sex” in these cases, in large part because they have no meaningful guidelines for analyzing the evidence. Accordingly, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what masculinity means. This Article encourages judges to approach intent contextually ...


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 ...


To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper, Daniel J. DiMatteo 2014 University of Florida Levin College of Law

To Enforce A Privacy Right: The Sovereign Immunity Canon And The Privacy Act’S Civil Remedies Provision After Cooper, Daniel J. Dimatteo

Florida Law Review

In 2005, a joint investigation between separate government agencies revealed that Stanmore Cooper, a pilot, failed to disclose to the Federal Aviation Administration that he was HIV positive. Cooper sued the agencies in the United States District Court for the Northern District of California, claiming that they violated the Privacy Act by disclosing his medical records to one another without his consent. Alleging that the unlawful disclosure of his condition caused him severe emotional distress, Cooper sought monetary relief under the Privacy Act’s civil remedies provision, which establishes a cause of action against the government for “actual damages.” The ...


Goodyear Dunlop’S Failed Attempt To Refine The Scope Of General Personal Jurisdiction, Camilla Cohen 2014 University of Florida Levin College of Law

Goodyear Dunlop’S Failed Attempt To Refine The Scope Of General Personal Jurisdiction, Camilla Cohen

Florida Law Review

In first-year civil procedure, students spend a great deal of time parsing an “answer” to a deceptively simple question: When may a state exercise its adjudicatory authority over an out-of-state defendant? Since Pennoyer v. Neff, the United States Supreme Court has addressed the issue of personal jurisdiction in at least thirty-five cases spanning three centuries. Following the Court’s decision in International Shoe Co. v. Washington, a state’s exercise of personal jurisdiction over a foreign defendant must satisfy two requirements. First, the state must have a statutory basis for asserting adjudicatory authority over a foreign defendant. Second, if the ...


Religion And The Equal Protection Clause: Why The Constitution Requires School Vouchers, Steven G. Calabresi, Abe Salander 2014 University of Florida Levin College of Law

Religion And The Equal Protection Clause: Why The Constitution Requires School Vouchers, Steven G. Calabresi, Abe Salander

Florida Law Review

Ask anyone whether the Constitution permits discrimination on the basis of religion, and the response will undoubtedly be no. Yet the modern Supreme Court has not recognized that the antidiscrimination command of the Fourteenth Amendment protects religion in the same way that the Amendment protects against discrimination on the basis of race or gender. In fact, the Supreme Court has permitted the legislature to facially discriminate against religion in funding programs. To make matters worse, thirty-seven state constitutions and the District of Columbia’s Code openly discriminate on the basis of religion in so-called Blaine Amendments.


Racial Disparities In Punishment And Alienation: Rebelling For Justice, Adjoa A. Aiyetoro 2014 SelectedWorks

Racial Disparities In Punishment And Alienation: Rebelling For Justice, Adjoa A. Aiyetoro

Adjoa A. Aiyetoro

Racial Disparities in Punishment and Alienation: Rebelling for Justice

Abstract

African Americans have been over-represented in the criminal punishment system in the United States since after Reconstruction. This article is the first scholarly analysis of the major role the insidious process of racial subordination plays in creating black alienation and black criminality. Sociologists, led by Emile Durkheim and Robert K. Merton, articulate the relationship between alienation and crime, and yet fail to inject the role that racial subordination plays in this relationship.

This article is also a departure from the usual scholarly and analytical approaches that have either been simply ...


Seventh Circuit Allows American Subsidiary To Avoid Title Vii Liability By Asserting Fcn Treaty Rights Of Japanese Parent - American Employees Treated As Second Class Citizens - Court Cites Reciprocal Benefits For American Firms Operating Abroad - Fortino V. Quasar Co., 950 F.2d 389 (7th Cir. 1991)., Steven J. Lewengrub 2014 University of Georgia School of Law

Seventh Circuit Allows American Subsidiary To Avoid Title Vii Liability By Asserting Fcn Treaty Rights Of Japanese Parent - American Employees Treated As Second Class Citizens - Court Cites Reciprocal Benefits For American Firms Operating Abroad - Fortino V. Quasar Co., 950 F.2d 389 (7th Cir. 1991)., Steven J. Lewengrub

Georgia Journal of International & Comparative Law

No abstract provided.


And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson 2014 University of Georgia School of Law

And Stay Out! The Dangers Of Using Anti-Immigrant Sentiment As A Basis For Social Policy: America Should Take Heed Of Disturbing Lessons From Great Britain's Past, Kevin C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor 2014 University of Georgia School of Law

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler 2014 University of Georgia School of Law

The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas 2014 University of Georgia School of Law

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


The Meme Of Voter Fraud, Atiba R. Ellis 2014 The Catholic University of America, Columbus School of Law

The Meme Of Voter Fraud, Atiba R. Ellis

Catholic University Law Review

The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack ...


Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger 2014 Loyola University Chicago

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger

Allen E Shoenberger

The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.


So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. den Dulk 2014 University of Georgia School of Law

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.


"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello 2014 SelectedWorks

"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello

Adam Lamparello

No abstract provided.


License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra LaCour 2014 Seattle University School of Law

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis ...


Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons 2014 Seattle University School of Law

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This ...


Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton 2014 University of Georgia School of Law

Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton

Georgia Journal of International & Comparative Law

No abstract provided.


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.


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