Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Admissibility; Al Jazeera; CERD; citizen; citizenship; Convention on the Elimination of All Forms of Racial Discrimination; corporate; corporation; diplomatic protection; discrimination; entity; ethnic; exhaustion; government; group; human rights; ICJ; individual; institution; International Court of Justice; inter-state; jurisdiction; legal person; national; nationality; natural person; NGO; non-governmental organization; organization; parens patriae; personality; private; public; Qatar; racial; standing; state-owned; UAE (1)
- Canada; Ghana; United States; LGBTQ+; Conversion Therapy; Religious Conversion Therapy; Sexual Orientation and Gender Identity Change Efforts; Lesbian; Gay; Bisexual; Transgender; Queer; 2-Spirit; Intersex; Homosexuality; Sexuality; Sexual Orientation; Gender Identity; Gender Expression; Gender Binary; Gender-Based Discrimination; Anti-LGBTQ+; Homophobia; Transphobia; LBGTQ+ Rights; Human Rights; International Human Rights; The Criminal Offenses Act (1960) (Ghana); The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill; Bill C-6 An Act to Amend the Criminal Code (Conversion Therapy); Bill C-4 An Act to Amend the Criminal Code (Conversion Therapy); The Prohibition of Medicaid Funding for Conversion Therapy Act (2019); The Therapeutic Fraud Prevention Act (2021) (1)
- Civil Rights; Title VII; Disparate Impact; Disparate Treatment (1)
- Constitutional Law; Criminal Law; Criminal Reform; Criminal Justice; Criminal Justice Reform; Mental Health; Police Accountability; Community Investment; Qualified Immunity; Policing; Police Reform; Defund Police; Mental Health Crisis; State-Created Danger; Disability Rights; Black Lives Matter; Law and Society; Law and Policy (1)
- Criminal Law; Veterans Law; Veterans Rights; Problem-Solving Courts; Veterans Treatment Courts; Theraputic Justice; rehabilitation; law and society; collateral consequences; criminal record (1)
-
- Fair Housing Act; Amendment; Circuit Split; Housing; Tenant-On-Tenant; Discrimination; Harassment; Liability; Landlord; Property Manager; Second Circuit; Seventh Circuit; Test; Hostile Environment; Hostile Housing Environment (1)
- Military; Sexual Assault; Federal Tort Claims Act; Feres v. United States; Incident; Service; Deference; Abuse; Spletstoser v. Hyten; Survivor; Accountable; Accountability; Combat; Military Values; Qualified Immunity; Negligence; Servicemembers; Sexual Misconduct; Feres Doctrine; Discipline; Brooks v. United States; United States v. Brown; Chisholm v. Georgia; Chimel v. California; United States v. Stanley; Incident; Dexheimer v. United States; Smith v. United States (1)
- Police; Officers; Consent Decree; Federal Monitor; Department of Justice; Police Brutality; Misconduct; Reform; Civil Contempt; Liability; Accountable; Accountability; Liable; Settlement; NYPD; Seattle Police Department; LAPD; Monitorship; Court-Ordered Reform; Stop and Frisk; Racial Discrimination; Floyd v. City of New York; Quality Assurance Division; Racial Profiling; Use of Force; Constitutional Compliance; Casale v. Kelly (1)
- Policing; White-supremacy; Far-right Extremism; Criminal Procedure (1)
- Religious Exemptions (1)
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Protecting Corporations From Discrimination Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster
Protecting Corporations From Discrimination Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster
Brooklyn Journal of International Law
This article argues that legal persons derive rights under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and can enforce those rights by individual or inter-state complaint. It uses the case study of media corporations, following from the recent judgment by the International Court of Justice (ICJ) in the litigation between Qatar and the UAE over the application of CERD to the treatment of the Al Jazeera media corporation. However, the implications of this study apply to all private corporations and non-governmental organizations (NGOs). The CERD protects against certain forms of racial, ethnic and national origin …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Who’S The Fairest Of Them All: Circuit Split Over Landlord Liability For Tenant-On-Tenant Discrimination Under The Fair Housing Act, Kelli Conway
Brooklyn Law Review
This note explores a circuit split between the Second and Seventh Circuits regarding whether landlords and property owners can be held liable for postacquisition, tenant-on-tenant discrimination. This issue is one of first impression in recent years, resulting in divergent holdings. To address conflicting judicial approaches to an increasingly prevalent civil claim, this note argues for the necessity of a Congressional amendment to the Fair Housing Act (FHA), the law which generally governs housing discrimination. Specifically, the proposed amendment would recognize postacquisition discrimination as an actionable claim and append a test to the FHA for postacquisition liability as employed by the …
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Last Rights: A Theory Of Individual Impact, Kenneth R. Davis
Brooklyn Law Review
Title VII recognizes both individual and group disparate treatment claims, which allege intentional discrimination. But Title VII recognizes only group claims for disparate impact. Conspicuously absent are claims for individual impact. The reason for the absence of an individual-disparate-impact claim is a problem of proof. To establish a Title VII claim, a plaintiff must prove that he or she lost a job opportunity was “because of” membership in a protected class. Showing that a single individual lost a job opportunity because of a test score, resume evaluation, or interview does not prove that any of these selection criteria unlawfully discriminated …
Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock
Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock
Journal of Law and Policy
The murder of George Floyd and the subsequent protests that engulfed the United States in 2020 reignited public attention towards the violent and discriminatory practices of police departments across the country. While methods of reforming these institutions were debated with new vigor, the federal courts have been quietly overseeing efforts to obtain constitutionally compliant policing in numerous cities for decades. Using legal tools such as consent decrees and monitors, the Department of Justice has enlisted the assistance of federal courts to ensure that police practices are in congruence with the Constitution. As pervasive police violence against black and brown people …
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
Journal of Law and Policy
For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …
White Supremacy’S Police Siege On The United States Capitol, Vida B. Johnson
White Supremacy’S Police Siege On The United States Capitol, Vida B. Johnson
Brooklyn Law Review
On January 6, 2021, law enforcement failed the people and the institutions it was supposed to protect. This article explores how white supremacy and far-right extremism in policing contributed to the insurrection at the Capitol. Police officers enabled the siege of the Capitol, participated in the attack, and failed to take seriously the threat posed by white supremacists and other far-right groups. The debacle is emblematic of the myriad problems in law enforcement that people of color, scholars, and those in the defund and abolitionist movements have been warning about for years. Police complicity in the attack on the Capitol …
Released, But Not Free: The Unexonerated, Heidi Gilchrist
Released, But Not Free: The Unexonerated, Heidi Gilchrist
Faculty Scholarship
No abstract provided.