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The Ultimate Victory Of A Productive Life: Ben E Johnson, Jr., And African Americans At Emory Law School, 1961-72, William B. Turner

Journal of Legal Education

No abstract provided.

The "Trial Of The Century" That Never Was: Staff Sgt. Macario Garcia, The Congressional Medal Of Honor, And The Oasis Cafè, Michael A. Olivas

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King

UF Law Faculty Publications

Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black attorney will be able to gain a black client's trust; (2) black attorneys communicate more effectively with black clients; and (3) the perception of a judicial system that is unfair and racist is likely to encourage black clients to trust black lawyers more than white lawyers, who are more likely to …

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

Voting Rights Rollback: The Effect Of Buckhannon On The Private Enforcement Of Voting Rights, Brian J. Sutherland

North Carolina Central Law Review

No abstract provided.

Proof Brief Of Professors Of Family Law And Jurisprudence As Amici Curiae In Support Of Plaintiff-Appellee, Joseph M. Barron, Richard T. Greenberg, Shannon Price Minter, Carlos A. Ball, Naomi Cahn, June Carbone, Ann Laquer Estin, Joan Heifetz Hollinger, Angela Onwuachi-Willig, Sarah H. Ramsey, Michael S. Wald

Faculty Scholarship

The plaintiffs in this case met their burden of demonstrating the irrationality of Iowa’s statutory exclusion of same-sex couples from marriage. They did this, in part, by presenting social science research regarding the irrelevance of sexual orientation to parental ability and the psychological and social well-being of children raised by same-sex parents. In addition to arguing that the marriage exclusion is irrational, the plaintiffs also alleged that the exclusion should be subject to heightened scrutiny because it violates the fundamental right to marry and discriminates on the bases of gender and sexual orientation. Amici agree that the exclusion of same-sex …

The Inter-American Human Rights System: A Primer, Caroline Bettinger-López

Articles

No abstract provided.

Independent Protection And Advocacy: Th E Role Of Counsel In Institutional Settings, Karen O. Talley

NYLS Law Review

No abstract provided.

“Equality, I Spoke Th At Word/As If A Wedding Vow”: Mental Disability Law And How We Treat Marginalized Persons, Michael J. Perlin, John Douard

NYLS Law Review

No abstract provided.

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay

Articles

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …

Capitalism And The Tax System: A Search For Social Justice, Beverly I. Moran

Vanderbilt Law School Faculty Publications

America is a country founded on ideas. The Enlightenment was one set of ideas that attended our birth and one Enlightenment belief as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet, the United States tax system manages to violate fundamental capitalist principles as outlined in the extensive writings of Adam Smith - the father of capitalism. Comparing Smith's vision to the current United States tax system reveals many important inconsistencies, particularly the current penchant for simultaneously taxing wages while exempting (or delaying) taxes on wealth and wealth appreciation. The article …

The Ada Amendments Act Of 2008, Chai R. Feldblum, Kevin Barry, Emily A. Benfer

Georgetown Law Faculty Publications and Other Works

The goal of the Americans with Disabilities Act (ADA) was to create a civil rights law protecting people with disabilities from discrimination on the basis of their disabilities. Disability rights advocates in 1990 were victorious in their efforts to open doors for people with disabilities and to change the country's outlook and acceptance of people with disabilities. These advocates believed that the terms of the ADA, based as they were on Section 504 of the Rehabilitation Act, combined with the legislative history of the ADA, would provide clear instructions to the courts that the ADA was intended to provide broad …

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.

Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Book Review Of The Making Of A Civil Rights Lawyer, Steven R. Shapiro

Journal of Legal Education

No abstract provided.

Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias

ExpressO

The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.

Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.

Despite accelerating technological …

Transcript: Clinical And Externship Programs , American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Roots Of Jack Spring V. Little, 40 J. Marshall L. Rev. 395 (2007), Richard H. Chused

UIC Law Review

No abstract provided.

Introduction, Arthur S. Leonard

NYLS Law Review

No abstract provided.

Falling To Pieces: New York State Civil Legal Remedies Available To Lesbian, Gay, Bisexual, And Transgender Survivors Of Domestic Violence, Sharon Stapel

NYLS Law Review

No abstract provided.

Transcript: Conference Participants Biographies, American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Rights As A Functional Guide For Service Provision In Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson

Faculty Scholarship

Rights-based approaches to advocacy on behalf of homeless persons have long sought to vindicate important dignitary, liberty, and equality interests, as well as establish to entitlements to housing, mental health, substance abuse, and other services. This advocacy has had some success in shaping the systems that define the interaction between homeless persons and the state. Rights paradigms, however, can be undermined by the day-to-day reality of the lives of homeless individuals and families that are often shaped by profound need less for protection from the state than for meaningful support, and entitlement advocacy remains circumscribed by the reality of severely …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly I. Moran, Stephanie M. Wildman

Vanderbilt Law School Faculty Publications

Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth disparities. Because American law seems removed from race and wealth concerns, legal workers see no place for such considerations in their education or practice.

Although the legal system has aspired to neutrality and equality, racialized wealth inequality has resulted and continues. This article considers the aspiration and shows how equality and neutrality can veil existing wealth inequality. Using examples from judicial decisionmaking and …

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Faculty Scholarship

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of "Against Prediction" by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

Please Don't Feed The Homeless: Pottinger Revisited, Shirley D. Howell

ExpressO

This article is an outgrowth of my experiences as the founding director of Faulkner University’s Family Violence Legal Clinic in Montgomery, Alabama. My students and I partnered with Legal Services Corporation of Alabama and set up a makeshift office in a Montgomery shelter, where we met with victims of domestic violence. What we discovered surprised us all. The majority of our clients were homeless, though not necessarily under the Stewart B. McKinney Act’s definition.

When Hurricane Katrina added approximately 1.5 million more individuals to the already burgeoning homeless population of the United States, I sensed the mood of the country …

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

ExpressO

The article focuses on the challenges for women’s rights activists attempting to provide a better legal regime for victims of domestic violence in Nigeria. It is my desire to provide a resource material on the issue of domestic violence for activists, policy makers, legislators and law reformers who are engaged in providing a better legal framework for the protection and promotion of women’s rights in a developing country like Nigeria. Having worked extensively on this issue, the article documents my experience on law reform advocacy in Nigeria.

Torch (July/August 2006), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.