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Full-Text Articles in Law

Economic Engagement: An Avenue To Employment For Individuals With Disabilities, William Kiernan, John Halliday, Heike Boeltzig Oct 2004

Economic Engagement: An Avenue To Employment For Individuals With Disabilities, William Kiernan, John Halliday, Heike Boeltzig

All Institute for Community Inclusion Publications

The role that employment has played for persons with disabilities over the past several decades has moved from one of no engagement in the workforce to a realization that persons with disabilities can work and are interested in working. The shrinking workforce has increased employers' interest in looking at the full range of potential workers, including those previously considered unemployable. The growing economy—coupled with the declining birth rate, the increase in technology and supports for a diverse workforce, and the increasing expectation that all persons should be provided with the opportunity to work—has led to a new view of individuals …


Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh Aug 2004

Re-Mapping Equal Protection Jurisprudence: A Legal Geography Of Race And Affirmative Action,, Reginald Oh

Law Faculty Articles and Essays

Oh argues that when the United States Supreme Court decided Richmond v. Croson in 1989 and imposed strict scrutiny on state and local government affirmative action programs, it marked a critical moment and turning point in the evolution and development of public and legal discourse on race, racism, and race relations in America. Although many scholars have critically examined the Croson opinion, curiously, scholars have yet to recognize its full ramifications and implications. Aside from the technical doctrinal changes made to equal protection law, the Croson decision is also important because of the way the Court produced and mapped a …


Expanding Homeownership Opportunity: The Softsecond Loan Program, 1991-2003, Jim Campen Jul 2004

Expanding Homeownership Opportunity: The Softsecond Loan Program, 1991-2003, Jim Campen

Gastón Institute Publications

The SoftSecond Loan Program emerged at the end of a tumultuous year of struggle over community reinvestment issues that began on January 11, 1989. The lead story in that day’s Boston Globe reported that a draft study by researchers at the Federal Reserve Bank of Boston had found that there was a pattern of “racial bias” in Boston’s mortgage lending, that the number of mortgage loans in the predominantly black neighborhoods of Roxbury and Mattapan would have been more than twice as great “if race was not a factor,” and that “this racial bias is both statistically and economically significant.” …


Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison Feb 2004

Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


Progress And Progression In Family Law, Martha Albertson Fineman Jan 2004

Progress And Progression In Family Law, Martha Albertson Fineman

Faculty Articles

The process and nature of change in our family formation seems unlikely to be derailed. The policy question for those concerned with the institution of the family in today's world should not be how we can resuscitate marriage and thus save society, but rather how we can support all individuals who create intimate, caring relationships, regardless of the form of those relationships. Continued inattention to the social and economic dislocations and the emerging family needs produced in the wake of changes in family formation can be disastrous, not only to individual families, but also to society.

Of particular importance for …


Political Representation And Accountability Under Don't Ask, Don't Tell, Tobias Barrington Wolff Jan 2004

Political Representation And Accountability Under Don't Ask, Don't Tell, Tobias Barrington Wolff

All Faculty Scholarship

The U.S. military's Don't Ask, Don't Tell policy constitutes a singular type of speech regulation: an explicit prohibition on identity speech by a defined population of individuals that mandates a state of complete social invisibility in both military and civilian life. The impact of such a regulation upon the public speech values protected by the First Amendment should not be difficult to apprehend. And yet, as the tenth anniversary of the policy approaches, First Amendment scholars have largely ignored this seemingly irresistible subject of study, and the federal courts have refused to engage with the policy's implications for public speech …


Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons Jan 2004

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons

Articles by Maurer Faculty

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …


Racism's Past And Law's Future, Vivian Grosswald Curran Jan 2004

Racism's Past And Law's Future, Vivian Grosswald Curran

Articles

Legal scholars, lawmakers and, increasingly, the general public seem to place ever-increasing hope in the potential of law and legal theory, and of enforceable uniform international legal standards. Many appear to believe that identifying and enacting laws and a legal framework that correspond worldwide to human rights will solve the age-old problem of legalized barbarism. The historical propensity of courts, even in democratic states, to legitimate and enable racist policies provides compelling evidence that the current level of faith in law is misplaced.

This Article argues the limitations of law and legal theory, contesting the view that on their own …


The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis Jan 2004

The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis

All Faculty Scholarship

In April 2001, the Standing Committee of the Ninth National People's Congress (NPC), China's highest legislative body, passed the long-debated and much awaited amendments to the Marriage Law on the closing day of its twenty-first session. As stated by one PRC commentator, "In the 50 years since the founding of the New China, there has not been any law that has caused such a widespread concern for ordinary people."'

Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no empirical evaluation …


The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts Jan 2004

The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr. Jan 2004

Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


Welfare Reform And Economic Freedom: Low-Income Mothers' Decisions About Work At Home And In The Market, Dorothy E. Roberts Jan 2004

Welfare Reform And Economic Freedom: Low-Income Mothers' Decisions About Work At Home And In The Market, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison Dec 2003

Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison

Dr. C. Keith Harrison

The termination of a collegiate athletic career is inevitable for all student athletes. The purpose of this study was to explore student athletes’ perceptions of the athletic career transition process. One-hundred-andforty- three (n = 143) National Collegiate Athletic Association (NCAA) Division II student athletes were administered the Life After Sports Scale (LASS) designed by the authors. The LASS is a 58-item mixed method inventory. The scope of this inquiry explored the qualitative section, which examined participants’ perceptions that were visually primed with a narrative description of a student athlete who made the transition out of collegiate sport successfully. Three major …


College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison Dec 2003

College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison

Dr. C. Keith Harrison

Examining the ‘natural’ athlete myth and utilizing the recent literature on cultural/social factors in athleticism, this study through survey research examines the myth of the ‘natural’ African American athlete. Participants consist of 301 university students from a large, traditionally White, midwest institution. The primary research question is to determine the attitudes of college students in terms of how they perceive the success of the African American athlete in certain sports. The purpose is to assess participants’ perceptions of the African American athlete and their opinion as to whether or not African American athletes are superior in certain sports (football, basketball, …


Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis Dec 2003

Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus …