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Full-Text Articles in Law
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
University of Michigan Journal of Law Reform
This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.
Illegitimates And Equal Protection, David Hallissey
Illegitimates And Equal Protection, David Hallissey
University of Michigan Journal of Law Reform
Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.
Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio
Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio
University of Michigan Journal of Law Reform
This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.
Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie
Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie
University of Michigan Journal of Law Reform
The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.
Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice
Restrictions On Student Voting: An Unconstitutional Anachronism?, W. Perry Bullard, James A. Rice
University of Michigan Journal of Law Reform
Using Michigan as a vehicle for analysis because it has a student voting process representative of many states, this note seeks to accomplish four purposes: (1) an examination of the case law often underlying the presumption against student registrability; (2) an analysis of recent constitutional developments in the due process and equal protection areas as they relate to the particular problems posed by the student voter; (3) a survey of the competing local and student interests in the student vote issue; and (4) a conclusion regarding the likelihood that thwarted student voters can follow the paths of other disfranchised groups …