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1389 full-text articles. Page 1 of 33.

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Matthew W. Green Jr.

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn 2017 St. John's University School of Law

Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn

The Catholic Lawyer

No abstract provided.


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson 2017 Washington and Lee University

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...


The Right To Abortion: Expansion Of The Right To Privacy Through The Fourteenth Amendment, David Goldenberg 2017 St. John's University School of Law

The Right To Abortion: Expansion Of The Right To Privacy Through The Fourteenth Amendment, David Goldenberg

The Catholic Lawyer

No abstract provided.


Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens 2017 University of Maine School of Law

Reason And Reasonableness: The Necessary Diversity Of The Common Law, Frederic G. Sourgens

Maine Law Review

This Article addresses the central concept of “reasonableness” in the common law and constitutional jurisprudence. On the basis of three examples, the common law of torts, the common law of contracts, and Fourth Amendment jurisprudence, the Article notes that different areas of the law follow fundamentally inconsistent utilitarian, pragmatic, and formalist reasonableness paradigms. The significance of this diversity of reasonableness paradigms remains largely under-theorized. This Article submits that the diversity of reasonableness paradigms is a necessary feature of the common law. It theorizes that the utilitarian, pragmatic and formalistic paradigms are structural elements driving the common law norm-generation process. This ...


Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor 2017 St. John's University School of Law

Obscenity Law: Après Stanley, Le Deluge?, Michael J. Gaynor

The Catholic Lawyer

No abstract provided.


Recent Abortion Litigation, Martin F. McKernan, Jr. 2017 St. John's University School of Law

Recent Abortion Litigation, Martin F. Mckernan, Jr.

The Catholic Lawyer

No abstract provided.


Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull 2017 Northwestern University School of Law

Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull

Northwestern University Law Review

Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad ...


Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid 2017 St. John's University School of Law

Discrimination In Employment, Housing, And Education: Constitutional Concepts And Social Theories, Frederick D. Braid

The Catholic Lawyer

No abstract provided.


Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett 2017 Boston College Law School

Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett

Boston College Law Review

The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...


No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins 2017 Florida International University College of Law

No-Drop Prosecution Of Domestic Violence: Just Good Policy, Or Equal Protection Mandate?, Kalyani Robbins

Kalyani Robbins

Domestic violence is a problem that must be dealt with for what it is: a criminal act. The only way to effectively diminish it is through the full force of the criminal justice system, which must treat domestic violence the same as it treats crime by strangers. The purpose of this note is to argue that aggressive prosecution of domestic violence-at least to the same extent that other violent crimes are prosecuted-is mandated by the Equal Protection Clause of the Fourteenth Amendment. Part I will examine the extent of the problems that pervade the criminal justice system, both historically and ...


The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler 2017 University of Baltimore School of Law

The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler

Washington and Lee Law Review Online

No abstract provided.


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Law Faculty Articles and Essays

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann 2016 Indiana Tech Law School

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello, Cynthia Swann

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco 2016 Texas A&M University School of Law

The Bad, The Ugly, And The Uglier: How Fear And Misconceptions Are Flushing Away Equal Rights And Treatment For Transgender People, Laura Falco

Tennessee Journal of Race, Gender, & Social Justice

Our country has gone through multiple social changes over the years, and now we find ourselves in the middle of another change—one involving the transgender community. This community is and has been continuously fighting for equal rights and treatment. It is 2016 and the fight for equal rights in our country is at a tipping point. A tip in one direction would constitute a huge step in the fight for equal rights, but a tip in the other direction could result in unprecedented effects on transgender individuals and the rest of the LGBTQ community. The LGBTQ community just wants ...


Thompson V. Shapiro: Residence Requirements And The Right To Life, 2016 St. John's University School of Law

Thompson V. Shapiro: Residence Requirements And The Right To Life

The Catholic Lawyer

No abstract provided.


Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause, 2016 St. John's University School of Law

Statute Requiring Period Of Residency For Receipt Of Welfare Benefits Held Violative Of The Equal Protection Clause

The Catholic Lawyer

No abstract provided.


Sit-In Conduct Held Constitutionally Protected, 2016 St. John's University School of Law

Sit-In Conduct Held Constitutionally Protected

The Catholic Lawyer

No abstract provided.


Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment, 2016 St. John's University School of Law

Payment Of A Fee As An "Electoral Standard" Held Violative Of Fourteenth Amendment

The Catholic Lawyer

No abstract provided.


The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti 2016 Cleveland-Marshall College of Law

The Constitutionality Of Prison Privatization: An Analysis Of Prison Privatization In The United States And Israel, Stacey Jacovetti

The Global Business Law Review

This note analyzes the constitutionality of the current state of prison privatization in the United States under the non-delegation doctrine and the due process clause. Furthermore, this note analyzes the Israeli Supreme Court's ruling holding prison privatization as unconstitutional under the Basic Law of the Right to Human Dignity and Liberty. Subsequently, an argument is made that the current authority for the utilization of private prisons in the United States is insufficient to establish the use of private prisons as constitutional. As such, this note argues that the overall scheme of privatization should provide for more detailed contracts--similar to ...


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