Law Commons^™

Housing Discrimination And Negative Attitudes Towards Ex-Offender Parents, Julie Wertheimer-Meier

Department of Psychology: Dissertations, Theses, and Student Research

While the Fair Housing Act prohibits housing discrimination because of race, gender, religion, sex, disability, family status, and national origin, it allows housing providers to discriminate on the basis of criminal history. Prior research shows that housing providers disproportionately deny housing to ex-offender applicants and single parent applicants with young children. An ex-offender parent’s inability to acquire safe and affordable housing decreases the potential for reunification with their children and increases the risk of lost custody or parental rights termination. This dissertation consisted of two experiments that examined the effects of negative attitudes towards ex-offender parents on those parents’ ability …

The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …

Serving A Country That Will Not Accommodate Our Religion: The Sikh American Struggle To Choose Between Career Or Faith, Tanveer Moundi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Sikhism is the fifth largest religion in the world, with approximately thirty million followers of the faith worldwide. It is a monotheistic faith that teaches honesty, compassion, humility, universal equity, and respect for all religions. Since the 1984 genocide of Sikhs in India, many followers of the faith have immigrated to Western countries in hopes of “the American dream” and the prospect of freely practicing their faith. But as a devastating response to the tragedy of 9/11, members of the Sikh community living in the United States have become victims of hate crimes, workplace discrimination, school bullying, and …

With Liberty And Justice For The Wealthy: The Criminalization Of The American Poor, Ashlyn Dickmeyer

Honors Theses

The last phrase of the Pledge of Allegiance states “with liberty and justice for all”. However, not everyone has access to this liberty and justice. Liberty and justice can be bought in this country for a price, and those who can’t afford to pay it are often left in the hands of those who can. One of the most prominent ways to see this is by analyzing the criminal justice system. Despite clauses in the Fourteenth Amendment and court cases like Gideon v. Wainwright (1963) establishing and upholding that the poor are entitled to equal treatment within the criminal justice …

Conflict Of Laws? Tensions Between Antitrust And Labor Law, Matthew Dimick

Journal Articles

Not long ago, economists denied the existence of monopsony in labor markets. Today, scholars are talking about using antitrust law to counter employer wage-setting power. While concerns about inequality, stagnant wages, and excessive firm power are certainly to be welcomed, this sudden about-face in theory, evidence, and policy runs the risk of overlooking some important concerns. The purpose of this Essay is to address these concerns and, more critically, to discuss some tensions between antitrust and labor law, a more traditional method for regulating labor markets. Part I addresses a question raised in the very recent literature, about why antitrust …

Addiction And Liberty, Matthew B. Lawrence

Faculty Articles

This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts to addict them without their consent. This Article motivates and tests the boundaries of this right through case studies of emergent threats to liberty made possible or exacerbated by new technologies and scientific understandings. These include certain state lottery programs, addiction treatment restrictions, and smartphone …

Copyright And Racism, Kimber Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Slides on copyright and racism by Dr. Kimber Thomas with an emphasis on United States copyright.

Includes points related to the origin of United States copyright law, original authorship and tangibility requirements, creation of works via oral or visual tradition and knowledge, the useful articles exclusion, and works made for hire.

Affirmatively Furthering Health Equity, Mary Crossley

Articles

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the health care sector, government action, standing alone, is limited in its power to remedy health disparities. This Article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the health care sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal health care funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that …

Surveillance Normalization, Christian Sundquist

Articles

Since the start of the COVID-19 pandemic, the government has expanded public surveillance measures in an attempt to combat the spread of the virus. As the pandemic wears on, racialized communities and other marginalized groups are disproportionately affected by this increased level of surveillance. This article argues that increases in public surveillance as a result of the COVID-19 pandemic give rise to the normalization of surveillance in day-to-day life, with serious consequences for racialized communities and other marginalized groups. This article explores the legal and regulatory effects of surveillance normalization, as well as how to protect civil rights and liberties …

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

Yes, Tax The Rich — And Also The Merely Affluent, Alex Raskolnikov

Faculty Scholarship

Most Americans believe that economic inequality is too high, and many think that higher taxes are the answer. There is some disagreement about who should pay higher taxes, but there is broad agreement about who should not. At least since the heyday of the Occupy Wall Street movement, 'We Are the 99 Percent'' has been the dividing line.

“Those in the 1 percent are walking off with the riches, but in doing so they have provided nothing but anxiety and insecurity to the 99 percent,” explained Nobel laureate Joseph Stiglitz in his 2012 book The Price of Inequality. The …