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Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley 2010 Boston College Law School

Toward An Unconditional Right To Vote For Persons With Mental Disabilities: Reconciling State Law With Constitutional Gaurantees, Ryan Kelley

Boston College Third World Law Journal

Casting a ballot is a primary form of community participation in the United States. This exercise provides citizens with a means to safeguard their legal rights and effectuate change. Nevertheless, some citizens, such as people with mental disabilities, are often denied this fundamental right solely based upon their status. These citizens have faced a long history of pernicious discrimination at the hands of their communities, legislators, and even the courts. Yet, social policy has begun to evolve in light of more nuanced understandings of mental disabilities. This knowledge has also spurred the reform of state and federal law. While the ...


The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen 2010 Liberty University

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Faculty Publications and Presentations

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that ...


Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks 2010 Cornell Law School

Implicit Bias, Election '08, And The Myth Of A Post-Racial America, Jeffrey J. Rachlinski, Gregory S. Parks

Cornell Law Faculty Publications

The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil rights laws are becoming unnecessary. Although President Obama's election means that explicit, open anti-black racism has largely faded, an analysis of the campaign's rhetoric and themes suggests that unconscious racism is alive and well. Rather than suggest a retreat ...


Das Conversas, Paulo Ferreira da Cunha 2010 Universidade do Porto

Das Conversas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Sobre a Conversa, os discursos, o auto-biográfico, as (in)sinceridades, os géneros...


Discrimination By Comparison, Suzanne B. Goldberg 2010 Columbia University School of Law

Discrimination By Comparison, Suzanne B. Goldberg

Columbia Public Law & Legal Theory Working Papers

Contemporary discrimination law is in crisis, both methodologically and conceptually. The judiciary’s favored heuristic for observing discrimination – a comparator who is like the discrimination claimant but for the protected characteristic – has nearly depleted discrimination jurisprudence and theory. The resulting deficit can be explained, in turn, by the comparator methodology’s profound mismatch with current understandings of identity discrimination and the realities of the modern workplace. Even in run-of-the-mill cases, comparators often cannot be found, particularly in today’s mobile, knowledge-based economy. This difficulty amplifies for complex claims, which rest on thicker understandings of discrimination developed in second-generation intersectionality, identity ...


Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle 2010 American University Washington College of Law

Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle

Susan D. Carle

n recent years, the supposed achievements of the American civil rights movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be pyrrhic "civil" rights victories - i.e., gains solely in "formal" equality in requirements enshrined in law as to how the state should treat its citizens. This critique of legal liberalism is well deserved insofar as it is aimed at a tendency within legal academia to extol the virtues of ...


Outside The Lines: The Case For Socioeconomic Integration In Urban School Districts, Taryn Williams 2010 Brigham Young University Law School

Outside The Lines: The Case For Socioeconomic Integration In Urban School Districts, Taryn Williams

Brigham Young University Education and Law Journal

No abstract provided.


After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker 2010 University of South Carolina - Columbia

After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker

Faculty Publications

This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and ...


A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher 2010 Washington and Lee University School of Law

A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito 2010 Washington and Lee University School of Law

Unsteady On Its Feet: Sobriety Checkpoint Reasonableness, Michael F. Lotito

Washington and Lee Law Review

No abstract provided.


Torch (March 2010), Brandon Baldwin, Civil Rights Team Project 2010 University of Southern Maine

Torch (March 2010), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond 2010 Brigham Young University Law School

Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond

BYU Law Review

No abstract provided.


Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke 2010 Brigham Young University Law School

Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke

Brigham Young University Journal of Public Law

No abstract provided.


From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler 2010 St. Paul Academy and Summit School

From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler

Aaron J Shuler

Abstract Scholars have written about the duality of the substantive due process and equal protection doctrines and described how they have worked in tandem, although many academics have focused on, or outright called for, a preference for the use of the equal protection clause. Another contingent of the academic community, however, has discussed the favored use of substantive due process in the last fifty years in providing equal treatment for all groups by ferreting out discrimination against marginalized minorities. Scholars have also separately alluded to substantive due process’ ability to protect the most existential of liberties. This works seeks to ...


Australia’S Homeless Act, James Farrell, Caris Cadd 2010 SelectedWorks

Australia’S Homeless Act, James Farrell, Caris Cadd

James Farrell

The Federal Government’s White Paper on Homelessness, The Road Home: A National Approach to Reducing Homelessness (White Paper) proposed the introduction of new legislation that would ‘underpin the national response to homelessness, setting standards to deliver the best quality services possible’.This article outlines the significance of this recommendation to Australians experiencing homelessness and focuses on why the problem of homelessness should be situated within a human rights framework.


Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden 2010 Brigham Young University Law School

Conflict On The United States Supreme Court: Judicial Confusion And Race-Conscious School Assignments, Philip T. K. Daniel, Mark A. Gooden

Brigham Young University Education and Law Journal

No abstract provided.


The Vote From Beyond The Grave, Krysta R. Edwards 2010 College of William & Mary Law School

The Vote From Beyond The Grave, Krysta R. Edwards

William & Mary Law Review

No abstract provided.


Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black 2010 University of South Carolina - Columbia

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

William & Mary Law Review

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our ...


Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions, Catherine T. Struve 2010 Boston College Law School

Shifting Burdens: Discrimination Law Through The Lens Of Jury Instructions, Catherine T. Struve

Boston College Law Review

This Term, in Gross v. FBL Financial Services, Inc., the U.S. Supreme Court held the Price Waterhouse burden-shifting framework inapplicable to Age Discrimination in Employment Act (“ADEA”) claims. This Article finds the Gross Court’s rationales for repudiating Price Waterhouse v. Hopkins unpersuasive. Although the crux of the Court’s argument is that it is too confusing to instruct a jury on the burden-shifting framework, in actuality, there is no evidence that burden-shifting instructions are unduly confusing. In fact, Gross will exacerbate a different sort of confusion: that which arises when a jury must resolve two claims under different ...


Por Uma Avaliação Objectiva, Paulo Ferreira da Cunha 2010 Universidade do Porto

Por Uma Avaliação Objectiva, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Com base em mitos educativos muito difundidos, e cavalgando o corcel do temor reverencial dos docentes antes o educativamente correcto, têm-se instalado perspectivas muito injustas sobre o que se deve e como se deve avaliaro dito "desempenho" dos professores, designadamente do ensino superior. Este artigo, sem discutir as questões filosóficas de base de toda a avaliação, procura minimizar os danos do processo em curso propondo concretos critérios de uma avaliação que não seja a manifestação do puro arbítrio dos poderes académicos pontuais, manipulando grelhas subjectivas e complexíssimas. Pretende, pois, uma avaliação justa, pela objectividade.


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