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Articles 1021 - 1050 of 1120
Full-Text Articles in Entire DC Network
The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay
The Rights Of Gays To Adopt Children: Fortifying The Defenses Against Societal Prejudice, Stephanie Landay
Cardozo Journal of Equal Rights & Social Justice
The article argues that the right of gays to adopt children is often denied due to societal prejudices and biases, which influence court decisions. It advocates for the adoption of the "nexus test" to ensure that decisions are based on the best interest of the child, free from discrimination. The article also emphasizes the need to classify gays as a suspect class to overturn discriminatory statutes.
Eliminating Fear Through Comparative Risk: Docs, Aids And The Anti-Discrimination Ideal, Sidney D. Watson
Eliminating Fear Through Comparative Risk: Docs, Aids And The Anti-Discrimination Ideal, Sidney D. Watson
Buffalo Law Review
No abstract provided.
The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild
The Word American Ends In "Can": The Ambiguous Promise Of The American Dream, Jennifer L. Hochschild
William & Mary Law Review
No abstract provided.
Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel
Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel
Florida State University Law Review
No abstract provided.
Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell
Legislative Purpose And Equal Protection's Rationality Review, Robert C. Farrell
Villanova Law Review (1956 - )
No abstract provided.
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Judicial And Administrative Interpretations Of The Bona Fide Occupational Qualification As Applied To The Age Discrimination In Employment Act, Tracy Karen Finkelstein
Cleveland State Law Review
This note will examine administrative and judicial standards used to prevent age discrimination in employment decisions. The first section will analyze the ADEA, enacted in response to the growing concern about age discrimination. The second section will discuss the Bona Fide Occupational Qualification exception to the ADEA's prohibition against age discrimination. Finally, the concerns particular to the airline industry regarding its age-related policies will be presented together with the responses of the FAA, the Equal Employment Opportunity Commission, and the judiciary in an attempt to clarify and resolve the difficulties inherent in situations where safety is a major concern.
Race And The Rehnquist Court, Brian K. Landsberg
Race And The Rehnquist Court, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Florida's Involuntary Aids Testing Statutes, Robert Craig Waters
Florida's Involuntary Aids Testing Statutes, Robert Craig Waters
Florida State University Law Review
No abstract provided.
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Florida State University Law Review
No abstract provided.
"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker
"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker
University of Miami Law Review
No abstract provided.
Freedom Of Expression And Choice Of Language, Leslie Green
Freedom Of Expression And Choice Of Language, Leslie Green
Articles & Book Chapters
This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
All Faculty Scholarship
If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Faculty Publications
No abstract provided.
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine
Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine
Seattle University Law Review
This Comment will discuss the portion of the legislation that established the system of involuntary civil commitment of violent sexual predators [hereinafter Violent Sexual Predator Commitment System]. This Comment will explore whether the Violent Sexual Predator Commitment System could withstand procedural and substantive due process challenges. Additionally, because the system is premised on a mental disorder of the sexually violent person, the commitment scheme will also be compared with the Involuntary Treatment Act's civil commitment system, to determine whether the Violent Sexual Predator Commitment System violates the equal protection clause of the fourteenth amendment to the United States Constitution. After …
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.
Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan
Fetal Protection And The Exclusion Of Women From The Toxic Workplace, Allyson K. Duncan
North Carolina Central Law Review
No abstract provided.
Aids And Disability Employment Discrimination In And Beyond The Classroom, Derek J. Jones, N Colleen Sheppard
Aids And Disability Employment Discrimination In And Beyond The Classroom, Derek J. Jones, N Colleen Sheppard
Dalhousie Law Journal
Roughly a year ago, in Chalk v. U.S. District Court Central California, a United States appellate court authorized a teacher to return to his teaching duties, after a California school department had barred him from his classroom upon learning he had Acquired Immune Deficiency Syndrome (AIDS). The case parallels the widely reported events of the Eric Smith story of Autumn 1987. Teacher Smith was initially removed from his Shelburne County, Nova Scotia classroom, and reassigned to non-teaching duties after a medical secretary disclosed that Smith had tested positive for the AIDS virus. While Smith immediately refused the reassignment, he eventually …
Nothing New On The Affirmative Action Front: Janowiak V. Corporate City Of South Bend
Nothing New On The Affirmative Action Front: Janowiak V. Corporate City Of South Bend
Washington and Lee Law Review
No abstract provided.
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
North Carolina Central Law Review
No abstract provided.
Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman
Relations Between The Sexes: Timely Vs. Timeless Principles, Joel J. Kupperman
San Diego Law Review
In this Article, Professor Kuperman examines the morality of affirmative action with a primary focus on affirmative action for women. He outlines what he feels is a convincing case for a philosophically opposed position: that affirmative action programs are justified. After discussing the criticisms leveled against affirmative action, the author concludes by suggesting that the strongest case for affirmative action rests on its relation to a just society. The relation is that affirmative action should lead to a just society.
Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell
Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell
William & Mary Law Review
No abstract provided.
Bowers V. Hardwick: No Constitutional Protection For Private Consensual Homosexual Intimacy, Joan Brinson Dressler
Bowers V. Hardwick: No Constitutional Protection For Private Consensual Homosexual Intimacy, Joan Brinson Dressler
North Carolina Central Law Review
No abstract provided.
Spirit-Murdering The Messenger: The Discourse Of Fingerpointing As The Law's Response To Racism, Patricia Williams
Spirit-Murdering The Messenger: The Discourse Of Fingerpointing As The Law's Response To Racism, Patricia Williams
University of Miami Law Review
No abstract provided.
Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick
Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Observations On The Supreme Court's Recent Affirmative Action Cases, Julia C. Lamber
Indiana Law Journal
No abstract provided.
Civil Rights For The Blind: Equal Access For Guide Dog Users, Leonard D. Duboff
Civil Rights For The Blind: Equal Access For Guide Dog Users, Leonard D. Duboff
NYLS Journal of Human Rights
No abstract provided.
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
Michigan Law Review
This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.