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Private Rights Under The Housing Act: Preserving Rental Assistance For Section 8 Tenants, John M. Lerner 2014 Boston College Law School

Private Rights Under The Housing Act: Preserving Rental Assistance For Section 8 Tenants, John M. Lerner

Boston College Journal of Law & Social Justice

The Housing Choice Voucher Program provides low-income families with federally funded rental assistance. In order to receive rental assistance, tenants and landlords must maintain units in compliance with the Housing Quality Standards promulgated by the United States Housing Act. A failure by either party to comply with the Housing Quality Standards results in a termination of the federal funding. Unfortunately for voucher recipients, this means that they can be stripped of their rental assistance through no fault of their own. To remedy this situation, many tenants have tried to bring an action against their landlord, alleging a violation of the ...


Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson 2014 SelectedWorks

Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson

Jennifer Jackson

We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes ...


Poverty Law, Policy And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin 2014 Berkeley Law

Poverty Law, Policy And Practice, Juliet Brodie, Clare Pastore, Ezra Rosser, Jeffrey Selbin

Jeffrey Selbin

Poverty Law, Policy and Practice is the first new poverty law casebook in 17 years and only the second since 1976. With current literature from multiple viewpoints, the book provides an overview of the field, including cases, data and major government programs that map onto important theoretical, doctrinal, policy and practice questions.

The preface and table of contents are attached. The publisher's page is here: http://www.aspenlaw.com/aspen-casebook-series/id-9781454812548/poverty_law_policy__practice.


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Allyship To The Intersex Community On Nonconsensual Genital "Normalizing" Surgery, Robert Hupf Jr 2014 SelectedWorks

Allyship To The Intersex Community On Nonconsensual Genital "Normalizing" Surgery, Robert Hupf Jr

Robert Hupf Jr

The fight against nonconsensual genital “normalizing” surgery, a primary concern of the intersex community, has gained traction within recent years but needs more support from the larger LGBTQ movement. Using an allyship framework, this Article argues that any such support be based on the lived experiences, concerns, and voices of the intersex community itself; in the past, well-intentioned efforts have advocated for solutions other than those sought after by the community, oftentimes resulting in negligible or even harmful results.

The solution sought after by the intersex community is an immediate moratorium on the practice of nonconsensual genital “normalizing” surgery, a ...


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson 2014 SelectedWorks

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights ...


A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé 2014 SelectedWorks

A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé

Rachel Suppé

No abstract provided.


In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider 2014 SelectedWorks

In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider

Valerie Schneider

Abstract:

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections ...


Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins 2014 SelectedWorks

Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins

Mel Cousins

Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische ...


Delaktighet I Vård, Omsorg Och Forskning - Barns Beslutsförmåga I Relation Till Ålder, Mognad Och Hälsa, Titti Mattsson 2014 Lund University, Faculty of Law

Delaktighet I Vård, Omsorg Och Forskning - Barns Beslutsförmåga I Relation Till Ålder, Mognad Och Hälsa, Titti Mattsson

Titti Mattsson

No abstract provided.


Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr. 2014 University of Pennsylvania Law School

Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.

Faculty Scholarship

The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States ...


Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page 2014 SelectedWorks

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403

by Cathren Koehlert-Page

Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional.

In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...


Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin O. Hoerner 2014 SelectedWorks

Unfulfilled Promise: Mental Disability Voting Rights And The Halving Of Hava’S Potential, Benjamin O. Hoerner

Benjamin O Hoerner

In 2012, the heated presidential election between President Barack Obama and Mitt Romney reanimated the debate surrounding the voting rights of mentally disabled citizens in the United States. A decade earlier, in October 2002, President George W. Bush signed into law the Help America Vote Act of 2002 (HAVA), aiming to protect the voting rights of the country’s disabled population. At the time of its enactment, legislators and commentators lauded HAVA as “the most important voting rights bill since the passing of the Voting Rights Act in 1965.” However, since its passage, HAVA has been subjected to a flurry ...


Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin 2014 University of Oklahoma College of Law

Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin

Jonathan B. Forman

Tontines are investment vehicles that can be used to provide retirement income. Basically, a tontine is a financial product that combines features of an annuity and a lottery. In a simple tontine, a group of investors pool their money together to buy a portfolio of investments, and, as investors die, their shares are forfeited, with the entire fund going to the last surviving investor. Over the years, this last-survivor-takes-all approach has made for some great fiction. For example, on the television show “Mash,” Colonel Sherman T. Potter, as the last survivor of his World War I unit, got to open ...


At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr. 2014 SelectedWorks

At Forty-Five Years Old The Obligation To Affirmatively Further Fair Housing Gets A Face-Lift, But Will It Integrate America’S Cities?, Jonathan J. Sheffield Jr.

Jonathan J Sheffield Jr.

In July 2013 the U.S. Department of Housing and Urban Development (HUD) issued a draft rule in order to improve implementation of the 1968 Fair Housing Act’s mandate to address segregated housing patterns. HUD’s 2013 proposed rule replaces its 1995 regulation under Section 3608(e) of the Fair Housing Act, which requires HUD and its grantees to act "affirmatively to further fair housing" (AFFH). This obligation has been in place for over forty-five years and it extends to other federal agencies that administer housing programs. Yet segregated communities persist in cities all across America, leaving large segments ...


Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston 2014 SelectedWorks

Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston

Al Alston

No abstract provided.


Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson 2014 SelectedWorks

Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson

Eve Tilley-Coulson

Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse.

This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic ...


Social Public Procurement: Corporate Responsibility Without Regulation, John Robinson Jr. 2014 SelectedWorks

Social Public Procurement: Corporate Responsibility Without Regulation, John Robinson Jr.

John Robinson Jr.

The growing perception in the developed world that multi-national corporations conduct social and environmental exploitation abroad raises numerous questions about corporate social responsibility. That those corporations would not get away with, nor probably even attempt, such exploitation in their home countries complicates the question: to what extent are the home governments responsible for ensuring their native corporations act responsibly abroad?

The E.U. answers this question affirmatively and takes an active role in promoting social responsibility. One major mechanism they use is socially responsible public procurement, which incentivizes good social outcomes by awarding contracts based, in part, on social criteria ...


Iran Denies Education Rights To Bahá’Ís, Milad Haghani 2014 Western University

Iran Denies Education Rights To Bahá’Ís, Milad Haghani

Western Journal of Legal Studies

The Bahá’í are members of an independent monotheistic religion that originated in the 19th century. The Bahá’í faith constitutes the largest religious minority in Iran. Since the revolution of 1979, the Iranian government has sought to systematically deprive the Bahá’í community of their right to post-secondary education through various administrative practices. These actions are part of a larger persecution scheme that has resulted in more than 200 executions and numerous imprisonments since the 1979 revolution. This paper explores the nature of a number of human rights laws that bind Iran to recognize the right of its ...


Decisions And Appeals In Irish Social Welfare Law: Recent Case Law, Mel Cousins 2014 SelectedWorks

Decisions And Appeals In Irish Social Welfare Law: Recent Case Law, Mel Cousins

Mel Cousins

This note examines three recent decisions of the Irish High Court in relation to decisions and appeals in the Irish social welfare system: C.P. v Chief Appeals Officer; A. M. v. Minister for Social Protection; and B. v Minister for Social Protection. All three cases concerned claims for domiciliary care allowance (a payment in respect of children who require additional care) and involved a number of issues including the level of detail to be included in initial negative decisions, whether the Minister is obliged to require a medical examination of a child; whether the deciding officer had fettered his ...


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