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1817 full-text articles. Page 6 of 51.

Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey 2016 New York Law School

Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey

Impact Center for Public Interest Law

No abstract provided.


Filling The Gaps: Another Way To Tackle The Access To Justice Crisis, Karen Simmons 2016 New York Law School

Filling The Gaps: Another Way To Tackle The Access To Justice Crisis, Karen Simmons

Impact Center for Public Interest Law

No abstract provided.


The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell 2016 New York Law School

The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell

Impact Center for Public Interest Law

No abstract provided.


Moving Women Out Of Poverty: A Call To Action For Legal Aid, Catherine Carr 2016 New York Law School

Moving Women Out Of Poverty: A Call To Action For Legal Aid, Catherine Carr

Impact Center for Public Interest Law

No abstract provided.


The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley 2016 New York Law School

The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley

Impact Center for Public Interest Law

No abstract provided.


Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer 2016 New York Law School

Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer

Impact Center for Public Interest Law

No abstract provided.


The Baseless Fabric Of This Vision: Eu Citizenship, The Right To Reside And Eu Law, Mel Cousins 2016 Trinity College Dublin

The Baseless Fabric Of This Vision: Eu Citizenship, The Right To Reside And Eu Law, Mel Cousins

Mel Cousins

This article examines the current status of the right to reside under EU law in relation to social assistance and broader social security payments in the light of recent CJEU rulings – in particular the German trilogy of cases (Dano, Alimanovic and García-Nieto) and the decision of the UK Supreme Court in Mirga and Samin. In the past, the CJEU had taken a broad-based approach to the rights of EU citizens to social assistance payments in cases such as Martinez Sala, Trojani, and Grzelczyk. In these cases, the Court had assessed the compatibility of national rules concerning access to right to ...


Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel 2016 The University of Akron

Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel

Akron Law Review

In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.


An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake 2016 West Virginia University College of Law

An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake

Boston College Journal of Law & Social Justice

Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination efforts that were designed to regulate the health insurance market. It will emphasize the role that section 1557 can play in combatting healthcare disparities and will explore the utility of disparate impact and disparate treatment claims to those cases. Lastly, the Article will posit that two ...


A New Constitutive Commitment To Water, Sharmila L. Murthy 2016 Suffolk University Law School

A New Constitutive Commitment To Water, Sharmila L. Murthy

Boston College Journal of Law & Social Justice

Cass Sunstein coined the term “constitutive commitment” to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed to realize this new constitutive commitment. Following the termination of water to thousands of households in Detroit, residents and community organizations filed an adversary complaint in Detroit’s bankruptcy proceedings seeking a six-month moratorium on the disconnections. The bankruptcy court dismissed the case, accurately finding that “there is no constitutional ...


Immigration And Disability In The United States And Canada, Mark C. Weber 2016 DePaul University College of Law

Immigration And Disability In The United States And Canada, Mark C. Weber

Mark C. Weber

Disability arises from the dynamic between people’s physical and mental conditions and
the physical and attitudinal barriers in the environment. Applying this idea about
disability to United States and Canadian immigration law draws attention to barriers to
entry and eventual citizenship for individuals who have disabilities. Historically, North
American law excluded many classes of immigrants, including those with intellectual
disabilities, mental illness, physical defects, and conditions likely to cause dependency.
Though exclusions for individuals likely to draw excessive public resources and those
with communicable diseases still exist in Canada and the United States, in recent years
the United States ...


Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand 2016 Harvard Law School

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


Lawyers And The Secret Welfare State, Milan Markovic 2016 Texas A&M University School of Law

Lawyers And The Secret Welfare State, Milan Markovic

Milan Markovic

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.


Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros 2016 Seattle University School of Law

Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros

Seattle University Law Review

The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.


The Constitution And Slavery Overseas, George Rutherglen 2016 Seattle University School of Law

The Constitution And Slavery Overseas, George Rutherglen

Seattle University Law Review

This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power ...


The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea VanderVelde 2016 Seattle University School of Law

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction ...


Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr. 2016 Seattle University School of Law

Class As Caste: The Thirteenth Amendment’S Applicability To Class-Based Subordination, William M. Carter Jr.

Seattle University Law Review

The Thirteenth Amendment currently enjoys a robust renaissance among legal scholars who contend that it provides a judicial remedy for and congressional authority to proscribe the “badges and incidents of slavery.” As discussed below, this interpretation, although not self- evident from the Amendment’s bare text, is well supported by the Amendment’s history and context, the Framers’ explicit intentions, the legislative debates in Congress leading to the Amendment’s adoption, and the contemporaneous legal understanding of the ways in which the Slave Power that had come to dominate and distort American society. This Article briefly explores whether the Thirteenth ...


The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason McAward 2016 Seattle University School of Law

The Thirteenth Amendment, Human Trafficking, And Hate Crimes, Jennifer Mason Mcaward

Seattle University Law Review

The two most recent federal statutes passed pursuant to Congress’s Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us something about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated ...


A Positive Right To Free Labor, Rebecca E. Zietlow 2016 Seattle University School of Law

A Positive Right To Free Labor, Rebecca E. Zietlow

Seattle University Law Review

This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary ...


The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope 2016 Seattle University School of Law

The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope

Seattle University Law Review

In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson ...


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