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Articles 241 - 256 of 256
Full-Text Articles in Law
Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum
Gay People, Trans People, Women: Is It All About Gender?, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
A few gay rights theorists have long pointed out that discrimination on the basis of sexual orientation can be conceived of as discrimination based on sex. But those of us who play primarily in the legislative or litigation arenas have largely ignored the practical applications of that insight. In this brief essay, I want to consider whether it makes sense for gay rights legislative advocates and litigators to continue to downplay the gender non-conformity aspects of gay sexual orientation . . . the first part of this essay reviews activities that occurred between 1993 and 2001 regarding coverage of gender …
Discrimination Based On Hiv/Aids And Other Conditions: "Disability" As Defined Under Federal And State Law, Lawrence O. Gostin, David W. Webber
Discrimination Based On Hiv/Aids And Other Conditions: "Disability" As Defined Under Federal And State Law, Lawrence O. Gostin, David W. Webber
Georgetown Law Faculty Publications and Other Works
In this Article, we examine the disability definition "problem" from the standpoint of HIV infection, specifically HIV infection in its "asymptomatic" phase . . . We begin by summarizing the need for federal nondiscrimination standards offering protection for individuals with HIV. We then provide a brief discussion of the definition of disability under the resulting legislation, the Americans with Disabilities Act of 1990 (ADA). We summarize the early judicial and administrative views of the ADA as protecting individuals with HIV. We next turn to judicial interpretation of the ADA in cases in which that understanding has been disputed, including, most …
Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin
Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin
Michigan Law Review
[T]he problem of the Twentieth Century is the problem of the color-line. When W.E.B. DuBois wrote this prophetic statement at the dawn of the twentieth century, the American metropolis did not yet exist. Perhaps DuBois could not have predicted the sprawled, socioeconomically fragmented landscape that is so familiar to the majority of Americans who now live and work in metropolitan regions. But his prediction of a "color line" that would sear our consciousness and present the chief social struggle for the new century proved all too correct. As we contemplate the twenty-first century, Gerald Frug's book, City Making, makes clear …
The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky
The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky
UF Law Faculty Publications
In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.
Recent Supreme Court Employment Law Developments, Douglas D. Scherer, Olati Johnson
Recent Supreme Court Employment Law Developments, Douglas D. Scherer, Olati Johnson
Scholarly Works
No abstract provided.
Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy
Marketing Goods, Marketing Images: The Impact Of Advertising On Race, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Scholarly Works
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke
The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke
Faculty Scholarship
In this Commentary, Professor Katherine Franke offers an analysis on Richard Delgado and Jean Stefancic's California's Racial History and Constitutional Rationales for Race-Conscious Decision Making in Higher Education and Rebecca Tsosie's Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights. These two Articles, she observes, deploy history for the purposes of justifying certain contemporary normative claims on behalf of peoples of color: affirmative action in higher education for Delgado and Stefancic, and sovereignty rights for native peoples in Tsosie's case. Franke explores the manner in which stories of past conquest and discrimination contribute to contemporary conceptions of racial …
Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky
LLM Theses and Essays
The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …
Transforming Social Inquiry, Transforming Social Action: New Paradigms For Crossing The Theory/Practice Divide In Universities And Communities, Francine Sherman,, William Torbet,
Transforming Social Inquiry, Transforming Social Action: New Paradigms For Crossing The Theory/Practice Divide In Universities And Communities, Francine Sherman,, William Torbet,
Francine T. Sherman
This edited volume describes models of interdisciplinary collaboration in which universities and communities work together on participatory action research and social action. The university and community partnerships described in this volume are in the areas of education, law, psychology and organizational development and all share a vision of universities engaged collaboratively with communities. The volume is a resource for foundations, government and college and university administrators interested in exploring approaches to teaching and research that take students and faculty into communities for action research and ethical reflection.
Named A Founder, Francine Sherman
Leadership And Lawyering: Learning New Ways To See Juvenile Justice, Francine Sherman
Leadership And Lawyering: Learning New Ways To See Juvenile Justice, Francine Sherman
Francine T. Sherman
No abstract provided.
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris
Angela P Harris
No abstract provided.
Equal Protection’S Antinomies And The Promise Of A Co-Constitutive Approach, Julie Nice
Equal Protection’S Antinomies And The Promise Of A Co-Constitutive Approach, Julie Nice
Julie A. Nice
This article explores how a central insight of Law and Society scholarship – that law and society are mutually constitutive – explains and informs Equal Protection jurisprudence. Professor Nice describes the state of equal protection discourse as caught in perpetual antinomic debates, with courts typically endorsing the more conservative alternative within such debates, including: (1) adopting assimilation (not anti-subordination) as the goal; (2) treating subordinated persons the same as (not different than) dominant persons; (3) looking backward toward remediation (not forward toward substantive equality); (4) requiring blindness (not consciousness) of the relevant trait; (5) focusing on the classifying trait (not …
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Angela P Harris
No abstract provided.
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit
Robert L. Hayman
No abstract provided.