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Articles 1 - 13 of 13
Full-Text Articles in Law
Blatant Discrimination Within Federal Law: A 14th Amendment Analysis Of Medicaid’S Imd Exclusion, J. Michael E. Gray, Madeline Easdale
Blatant Discrimination Within Federal Law: A 14th Amendment Analysis Of Medicaid’S Imd Exclusion, J. Michael E. Gray, Madeline Easdale
University of Massachusetts Law Review
A discriminatory piece of Medicaid law, the institution for mental diseases (IMD) exclusion, is denying people with serious mental illness equal levels of treatment as those with only primary healthcare needs. The IMD exclusion denies the use of federal funding in psychiatric hospitals for inpatient care. This article discusses the history and collateral implications of the IMD exclusion, then examines it through the lens of the Equal Protection Clause of the Fourteenth Amendment, argues that people with severe mental illness constitute a quasi-suspect class, and that application of intermediate scrutiny would render the IMD exclusion unenforceable.
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington
Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington
Journal of Race, Gender, and Ethnicity
No abstract provided.
Due Process Supreme Court Appellate Division
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation - Supreme Court Developments, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
Faculty Publications
In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the Restatement of Trusts to demonstrate further how jurisdictions had developed differently at the mid-twentieth century point. In Part III, the author reports on the significant reforms in England and the corresponding, though halting, movement toward reform in the United States jurisdictions. In Part IV, the author describes the specific reform proposals in the United States proliferating since 1943. Finally, …
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie
Touro Law Review
No abstract provided.
How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger
How Are You Going To Keep Them Down On The (Collective) Farm After They’Ve Seen Chicago?: A Minor’S Right To Political Asylum Against His Parents’ Wishes, Michael G. Hillinger
Faculty Publications
“Children’s rights” is a nebulous phrase subsuming two very different issues: the extent to which children can assert the same rights against the state as adults, and the extent to which the state can limit a parent’s power over his child. In cases involving the issue of children’s rights , the Supreme Court has defined those rights in a relatively restrictive fashion. On the one hand, the Supreme Court has recognized that children have constitutional rights independent of those enjoyed by their parents. On the other hand, it has frequently held those rights to be either less than those afforded …