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Full-Text Articles in Law

To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63 Feb 2024

To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63

Articles and Writings

No abstract provided.


Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson Jul 2022

Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson

Articles & Chapters

Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)—due to its affirmative mandate to address discrimination by reasonable modification or accommodation—and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both …


Virginia Court Reinstates Teacher Suspended For Opposing Trans Inclusion Policy, Arthur S. Leonard Sep 2021

Virginia Court Reinstates Teacher Suspended For Opposing Trans Inclusion Policy, Arthur S. Leonard

Other Publications

No abstract provided.


Indiana Federal Court Rejects Public School Teacher’S Religious Discrimination Claim Over Misgendering Discharge, Arthur S. Leonard Aug 2021

Indiana Federal Court Rejects Public School Teacher’S Religious Discrimination Claim Over Misgendering Discharge, Arthur S. Leonard

Other Publications

No abstract provided.


Court Rejects Web Designer’S Challenge To Colorado Anti-Discrimination Law, Arthur S. Leonard Jul 2021

Court Rejects Web Designer’S Challenge To Colorado Anti-Discrimination Law, Arthur S. Leonard

Other Publications

No abstract provided.


Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard Jul 2021

Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard

Other Publications

No abstract provided.


"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin Apr 2021

"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin

Articles & Chapters

Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …


Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins Jan 2021

Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins

Articles & Chapters

New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …


Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard Aug 2020

Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson Apr 2019

Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson

Articles & Chapters

Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory—a social psychology theory with a robust body of supporting empirical research—to take on this task and connect judicial interpretation of Title VII to the human tendency to create and maintain group-based hierarchies. In doing so, the Article questions the common view that Title VII race discrimination doctrine is symmetrical, protecting all …


My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch Jan 2018

My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch

Articles & Chapters

In this article, we consider the therapeutic jurisprudence implications of the use of neuroimaging techniques in assessing whether a defendant is competent to stand trial, a topic that has been the subject of no prior legal commentary. Recent attention paid to neuroscience in the criminal process has focused on questions of mitigation and competency to be executed, but the potential of such evidence transcends these areas.

There has been almost no attention paid to its potential impact on a critical intersection between the criminal trial process and inquiries into mental or psychological status: a defendant’s trial competency. Less than a …


Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard Jan 2018

Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard

Other Publications

No abstract provided.


Federal Legislative Attacks On Class Actions, Joanne Doroshow Jan 2018

Federal Legislative Attacks On Class Actions, Joanne Doroshow

Articles & Chapters

No abstract provided.


Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard Jan 2018

Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard

Other Publications

No abstract provided.


Trump Anti-Trans Regs Vulnerable To Challenge, Arthur S. Leonard Jan 2018

Trump Anti-Trans Regs Vulnerable To Challenge, Arthur S. Leonard

Other Publications

No abstract provided.


Two New Job Discrimination Petitions To Scotus, Arthur S. Leonard Jan 2018

Two New Job Discrimination Petitions To Scotus, Arthur S. Leonard

Other Publications

Gay City News

http://gaycitynews.nyc/two-new-job-discrimination-petitions-scotus/

Perma.cc: https://perma.cc/33D2-SXDW


“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused Dec 2017

“Jane Crow” Laws And Contemporary Sexual Harassment, Richard H. Chused

Other Publications

This post originally appeared on https://www.richardchused.org/2017/12/24/jane-crow-laws-contemporary-sexual-harassment/


On Nyc’S Paratransit, Fighting For Safety, Respect, And Human Dignity, Britney Wilson Sep 2017

On Nyc’S Paratransit, Fighting For Safety, Respect, And Human Dignity, Britney Wilson

Other Publications

No abstract provided.


Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn Jan 2017

Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.


Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger Jan 2017

Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger

Articles & Chapters

Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism fundamental to all the others. We then examine one particularly important policy, the carceral state, which can be described as the most important policy response to the civil rights era. A significant body of scholarship on employment discrimination presents a site for explaining the transformation of law on the books into the law in action. Finally, we review scholarship on the persistence of segregation …


The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe Jan 2017

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Articles & Chapters

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging the failure to charge in entire classes of cases. Undercharging can similarly undermine theefficacy and legitimacy of the criminal justice system. While few have focused on this question in thedomestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses …


Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard Jan 2017

Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson Jan 2017

Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson

Articles & Chapters

No abstract provided.


Scotus Denies Review In Gay Rights Case, Arthur S. Leonard Jan 2017

Scotus Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Another Fed Court Win For Trans Students, Arthur S. Leonard Jan 2017

Another Fed Court Win For Trans Students, Arthur S. Leonard

Other Publications

No abstract provided.


A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard Jan 2017

A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard

Other Publications

No abstract provided.


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard Jan 2016

Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard

Other Publications

No abstract provided.


Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard Jan 2016

Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard

Other Publications

No abstract provided.


Lgbt Law Notes, Arthur S. Leonard Jan 2016

Lgbt Law Notes, Arthur S. Leonard

Other Publications

No abstract provided.