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Articles 1 - 30 of 98
Full-Text Articles in Law
To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63
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
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
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
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
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
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
"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
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
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
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
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
Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard
Other Publications
No abstract provided.
Federal Legislative Attacks On Class Actions, Joanne Doroshow
Federal Legislative Attacks On Class Actions, Joanne Doroshow
Articles & Chapters
No abstract provided.
Cisgender Students Rebuffed In Illinois Bathroom Case, Arthur S. Leonard
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
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
Fired Anti-Gay Atlanta Fire Chief Strikes Back In Lawsuit, Arthur S. Leonard
Other Publications
No abstract provided.
Lgbt Law Notes, Arthur S. Leonard