Digital Commons Network^™

Bridging The Barriers: Public Health Strategies For Expanding Drug Treatment In Communities, Ellen M. Weber

Faculty Scholarship

States around the country have begun to adopt programs to divert drug offenders from jails and prisons to community-based drug treatment services. For this strategy to succeed, local officials will need to expand the availability of outpatient and residential treatment programs and address the barriers to siting treatment services, the most significant of which are community opposition and government zoning policies that facilitate community resistance. Civil rights laws, including the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA), prohibit zoning discrimination against persons with histories of alcoholism and drug dependence and provide a solid legal foundation for …

Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne

ExpressO

Maxim Thorne, a Yale Law School Graduate of 1992, writes an essay derived from his address delivered on October 1, 2004 at the thirty-fifth anniversary of the African-American Cultural Center at Yale University, entitled "New Political and Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively." He presents Seven Strategies that African Americans should use to secure power and justice in America: 1) Go Home, 2) Public Schools Aren’t Our Only Option and other paradigm shifting legal arguments 3) Draw On the Power of Older Women of Color, 4) Network Your Heart Out, Giving Time, Advice, and Money, 5) Honor Our …

Teaching Race Without A Critical Mass: Reflections On Affirmative Action And The Diversity Rationale, Kathryn R.L Rand, Steven Andrew Light

Journal of Legal Education

No abstract provided.

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.

Race Matters In Bankruptcy, A. Mechele Dickerson

Washington and Lee Law Review

No abstract provided.

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

Integrating Racial Justice Into The Civil Procedure Survey Course, Kevin R. Johnson

Journal of Legal Education

No abstract provided.

Aiding Terrorists: Hearing Before The S. Comm. On The Judiciary, 108th Cong., May 5, 2004 (Statement Of David D. Cole, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

Exceeding Our Boundaries: Transnational Employment Law Practice And The Export Of American Lawyering Styles To The Global Worksite, Susan Bisom-Rapp

Faculty Scholarship

Until very recently, one almost never heard mention of international issues among labor and employment law practitioners in the United States. Conventional wisdom considers this practice area quintessentially local. Identifying a trend that unseats this taken-for-granted notion, the article details the birth of a new employment law sub-specialty: international labor and employment law. Some U.S. management attorneys, working with transnational legal teams comprised of lawyers from foreign firms, are beginning to coordinate multinational clients' employment law projects across multiple national jurisdictions. While the world's legal regimes that regulate labor markets are remarkably culturally specific, the formation of transnational networks of …

Introduction, Joel K. Goldstein

All Faculty Scholarship

Brown v. Board of Education [1] is the seminal case of the Twentieth Century. Mere mention of the case can start discussion on any number of topics, all important and all that relate to, or were importantly affected by, Brown. Some of those discussions relate to the immediate subject of Brown: Was state-imposed racially segregated public education a violation of the Equal Protection Clause? What is the nature of race relations in America? How close are we to achieving a racially just society? How fair is our system of public education? Others might focus on Brown for its impact on …

Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber

American University Law Review

No abstract provided.

Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson

Osgoode Hall Law Journal

Discusses the role of judges when cases of civil disobedience are brought before the court.

No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd

Journal of Legal Education

No abstract provided.

Resolving The Title Vii Partner-Employee Debate, Kristin Nicole Johnson

Michigan Law Review

In January of 2001, a New York court issued an order affirming a plaintiff's ability to bring suit against a law firm partnership for discriminatory acts that occurred during her tenure as an associate at the firm. The plaintiff, Stacy Ballen-Stier, joined Hahn & Hessen, L.L.P. as an associate and, on January 1, 1997, the firm invited her to join the partnership. According to Ms. Ballen-Stier's complaint, the words and actions of a fellow partner, Mr. Blejwas, created a hostile and abusive work environment and continued to plague her "even when [she] was away from the office." Ms. Ballen-Stier alleged …

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents

Sexism Is A "Family Value", Kimberly Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …

A Normative Analysis Of The Rights And Duties Of Law Professors To Speak Out, Robert R. Kuehn

Scholarship@WashULaw

As lawyers and members of a profession dedicated to equal justice under law and public service, many law professors have stepped out of the classroom and out of traditional academic scholarship to address perceived injustices in society through efforts such as pro bono litigation and legislative drafting. However, the amount of legally-related public service work by law professors is thought to be quite modest. This article analyzes the normative bases for the rights and duties of law professors to speak out on issues of public concern. It addresses laws that affect the right of a law professor to participate in …

The New Mccarthyism: Repeating History In The War In Terrorism, David Cole

Georgetown Law Faculty Publications and Other Works

This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.

Society Of American Law Teachers Statement On The Bar Exam, Andrea Curcio, Eileen Kaufman, Margalynne Armstrong, Carol Chomsky, Robert Dinerstein, Phoebe Haddon, Joan Howarth, Beverly Moran, Natsu Saito, Michael M. Rooke-Ley, Paula C. Johnson

Journal of Legal Education

No abstract provided.

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder

Journal of Legal Education

No abstract provided.

The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Michigan Journal of Gender & Law

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez

Faculty Scholarship

Studies consistently demonstrate that the act of judging is influenced by judges personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies.' In addition, research on the U.S. chief justice's distribution of opinion assignments also suggests that ideology plays a role inasmuch as those justices whose preferences are more closely aligned with the chief justice will be assigned to author opinions. Furthermore, empirical research indicates that the influence of ideology on judges also extends to federal appellate court judges in race relations …

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Articles & Chapters

In this article, I first, suggest that the current deplorable state of criminal defense services should provide a motivation for judicial action. Then, I review the precedent providing the foundation for judicial action. In the third section, I discuss the standards applicable to defense services. In the final section, I speculate about the changing role of the criminal defense attorney and how that evolution might hasten judicial action.

Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee

Faculty Scholarship

This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …

Constitutional Civil Rights, John Sanchez

Mercer Law Review

The 2000 survey period was an active year for constitutional civil rights litigation in the Eleventh Circuit. All eighteen cases examine thorny issues arising under the First Amendment. Thirteen cases address free speech issues while five cases touch on religion. Two cases deal with zoning ordinances that regulate adult businesses. Two cases address the constitutionality of zoning ordinances that regulate nude dancing. Two apply the test in Central Hudson Gas & Electric Corp. v. Public Service Commission ("Central Hudson") for regulating commercial speech. Two cases analyze the law of prior restraints when it comes to licensing access to traditional public …

Gender Bias In The Courts Of The Commonwealth Final Report, Gender Bias In The Courts Task Force

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

No abstract provided.