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Full-Text Articles in Law
Reciprocal Antidiscrimination Arguments, Yofi Tirosh
Reciprocal Antidiscrimination Arguments, Yofi Tirosh
Yofi Tirosh
This Article addresses a common characteristic of antidiscrimination law: To what extent should one antidiscrimination campaign be held accountable for other, related, discriminatory structures that it does not and cannot purport to correct? Plaintiffs in antidiscrimination cases are sometimes expected to account for the larger social context in which their claim is made. Defendants invoke this larger context as a way of rebutting the discrimination claim, by arguing that the plaintiff’s claim has “discriminatory residue” that would exacerbate related discriminatory structures. For example, in a case in which same-sex couples seek the right to contract with surrogate mothers, the defendant …
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.