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Full-Text Articles in Law
Desegregation Law And Jurisprudence, Wendy B. Scott
Desegregation Law And Jurisprudence, Wendy B. Scott
Journal Articles
My Essay provides context for the articles that query the contemporary relevance of integration. Part I addresses the challenge of understanding desegregation and its relationship to integration. Part II explores the equality rationales offered by courts and scholars to support or reject integration as the most viable method for achieving desegregation. The Essay concludes that we should move beyond substantive equality to anti-subordination strategies targeted at the deeply entrenched structural inequalities that marginalize children in poor or racially-isolated schools.
Remand And Appellate Review Issues Facing The Supreme Court In Carlsbad Technology, Inc. V. Hif Bio, Inc., Deborah Challener, John B. Howell Iii
Remand And Appellate Review Issues Facing The Supreme Court In Carlsbad Technology, Inc. V. Hif Bio, Inc., Deborah Challener, John B. Howell Iii
Journal Articles
This Essay provides a brief explanation of § 1367 and §§ 1447(c) and (d) and argues that the Supreme Court should reverse the Federal Circuit’s decision in HIF Bio. We contend that the Federal Circuit erred in concluding that Cohill remands are subject-matter jurisdictional because a district court does not remand supplemental claims based on its lack of power over the claims. Instead, a district court remands supplemental claims based on its discretionary decision under § 1367(c) that a state court is a better forum in which to litigate them. After establishing that Cohill remands are not subject-matter jurisdictional and …
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address American's Family-Like Racial Dysfunction, Angela Mae Kupenda
Journal Articles
The women's movement for equality bootstrapped to the movement for equality for Blacks. Now the reverse can happen. This Article uses family law and the plight of some battered women, as a lens to address analogous racial conflicts in the broader American family.
Should The Rooster Guard The Henhouse: A Critical Analysis Of The Judicial Conduct And Disability Act Of 1980, Donald E. Campbell
Should The Rooster Guard The Henhouse: A Critical Analysis Of The Judicial Conduct And Disability Act Of 1980, Donald E. Campbell
Journal Articles
The purpose of this Article is to critically examine the aspect of the Judicial Conduct and Disability Act of 1980 which seems to invite the most criticisms and raise the most questions of impropriety - namely, the initial receipt, review, and investigation of misconduct complaints. This article proposes that the current process of receiving, reviewing, and investigating judicial misconduct complaints should be amended. Specifically, the Act should incorporate into the current system an initial review and investigation by a magistrate judge. To this end, Part II sets out the procedures of how complaints are currently handled under the Act. Part …
Reasonable Factors Other Than Age: The Emerging Specter Of Ageist Stereotypes, Judith J. Johnson
Reasonable Factors Other Than Age: The Emerging Specter Of Ageist Stereotypes, Judith J. Johnson
Journal Articles
In spite of two recent Supreme Court cases that ostensibly reinstated a more expansive interpretation of discrimination under the Age Discrimination in Employment Act (ADEA), the protection that the ADEA affords still faces the same danger that threatened it before these decisions. The courts, including the Supreme Court, have been allowing employers to interpose defenses that correlate so strongly with age that they can be used as thinly veiled covers for discrimination. If the Court is serious about enforcing the purpose of the ADEA, it must interpret the “reasonable factor other than age” (RFOA) defense to protect older employees from …