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Articles 1 - 30 of 37
Full-Text Articles in Law
Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer
Painfully Prescribed: Could Taking Opioids As Legal Treatment Result In Discrimination Uncovered By The Ada?, Rachael Elyse Palmer
Saint Louis University Journal of Health Law & Policy
Amended in 2008, the Americans with Disabilities Act (ADA), with its sole mission to protect individuals with disabilities, is still gaping with holes in coverage due to recent court interpretations. One such interpretation is the lack of protection for patients being treated with legally prescribed medications. With widespread misconceptions about opioid use and its effects, employers take adverse action upon their employees seeking necessary treatment. This paper will discuss the harmful consequences of courts narrowly interpreting the ADA against coverage of these patients, as well as the potential revitalization of the ADA’s mission in pending actions.
Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik
Extending Batson To Peremptory Challenges Of Jurors Based On Sexual Orientation And Gender Identity, Mark E. Wojcik
Northern Illinois University Law Review
This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in the law, violates the rights of lesbian, gay, bisexual, and transgender (LGBT) persons who may be excluded from serving on juries, violates the rights of LGBT persons whose criminal or civil cases are heard in court, and undermines public confidence in judicial proceedings that …
Gender Disparities In Plea Bargaining, Carlos Berdejo
Gender Disparities In Plea Bargaining, Carlos Berdejo
Indiana Law Journal
Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant gender …
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman
St. Mary's Law Journal
Abstract forthcoming
Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day
Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day
Hofstra Law Review
This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.
After the Introduction …
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
Seattle Journal for Social Justice
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King
South Carolina Law Review
No abstract provided.
A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll
A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
Part One of this comment will address the recent history of the death penalty in the United States, focusing on Furman v. Georgia, which placed a four-year moratorium on the death penalty in 1972. Part Two examines which states still have death penalty statutes and the reasons for choosing the selected states for further analysis. Part Two also addresses the difference between facial and as-applied attacks on the state statutes and the reason for analyzing the statutes under as applied unconstitutionality. Part Three explains the thought behind choosing to examine the death penalty’s effect on racial minorities, low socio-economic classes, …
Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos
Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos
University of Michigan Journal of Law Reform
The following is a transcription of an interview with Professor Khaled Beydoun, conducted at the University of Michigan Law School on March 15, 2019. The transcript has been lightly edited for clarity.
Title 2.0: Discrimination Law In A Data-Driven Society, Bryan Casey
Title 2.0: Discrimination Law In A Data-Driven Society, Bryan Casey
Journal of Law and Mobility
More than a quarter century after civil rights activists pioneered America’s first ridesharing network, the connections between transportation, innovation, and discrimination are again on full display. Industry leaders such as Uber, Amazon, and Waze have garnered widespread acclaim for successfully combatting stubbornly persistent barriers to transportation. But alongside this well-deserved praise has come a new set of concerns. Indeed, a growing number of studies have uncovered troubling racial disparities in wait times, ride cancellation rates, and service availability in companies including Uber, Lyft, Task Rabbit, Grubhub, and Amazon Delivery.
Surveying the methodologies employed by these studies reveals a subtle, but …
Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith
Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith
Cleveland State Law Review
This essay is a critical analysis of the book authored by John Corvino, Sherif Girgis, and Ryan T. Anderson, Debating Religious Liberty and Discrimination. The book offers two contrary views on how best to think about some of the conflicts that have arisen over religious liberty and anti-discrimination laws, e.g., Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018). One position is defended by Corvino, and the other by Girgis and Anderson. After a brief discussion of the differing views of religious liberty throughout American history (including the American founding), this essay summarizes each …
Bank Of America Corporation V. City Of Miami, Veronica Nicholson
Bank Of America Corporation V. City Of Miami, Veronica Nicholson
Ohio Northern University Law Review
No abstract provided.
Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner
Split Over Sex: Federal Circuits And Executive Agencies Split Over Sexual Orientation Discrimination Under Title Vii, Darria Turner
Catholic University Law Review
Title VII of the Civil Rights Act of 1964 expressly prohibits employment discrimination on the basis of an individual’s sex. Since its enactment, neither Congress nor the Supreme Court has definitively stated whether sex discrimination based on sexual orientation is protected under Title VII. Though the judicial interpretation of sex has evolved, courts have routinely held that the protections of Title VII do not extend to claims based on sexual orientation discrimination. As three circuits faced these claims, a split was created in the circuits as well as in the two agencies tasked with the enforcement of Title VII. This …
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Marquette Law Review
The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …
Eddie Murphy And The Dangers Of Counterfactual Causal Thinking About Detecting Racial Discrimination, Issa Kohler-Hausmann
Eddie Murphy And The Dangers Of Counterfactual Causal Thinking About Detecting Racial Discrimination, Issa Kohler-Hausmann
Northwestern University Law Review
The model of discrimination animating some of the most common approaches to detecting discrimination in both law and social science—the counterfactual causal model—is wrong. In that model, racial discrimination is detected by measuring the “treatment effect of race,” where the treatment is conceptualized as manipulating the raced status of otherwise identical units (e.g., a person, a neighborhood, a school). Most objections to talking about race as a cause in the counterfactual model have been raised in terms of manipulability. If we cannot manipulate a person’s race at the moment of a police stop, traffic encounter, or prosecutorial charging decision, then …
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney
Chicago-Kent Law Review
At a press conference held in Trump Tower New York City on June 16, 2015, Donald Trump announced his candidacy for President of the United States by promising to expand the border wall along the Southern United States. President Trump has insisted that his only reasons behind completely separating the United States from Mexico are to curtail illegal immigration and curb drug cartel activity, but many argue that his statements indicate a much more sinister motive based in racial discrimination. The public use requirement of the Fifth Amendment Takings Clause allows the federal government to take private land for the …
Age, Time, And Discrimination, Alexander A. Boni-Saenz
Age, Time, And Discrimination, Alexander A. Boni-Saenz
Georgia Law Review
No abstract provided.
2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson
2019 Annual Survey: Recent Developments In Sports Law, Audrey Johnson
Marquette Sports Law Review
None
Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division, Benedeta Prudence Mutiso
Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division, Benedeta Prudence Mutiso
Michigan Journal of Gender & Law
Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, …
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Touro Law Review
No abstract provided.
The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers
The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers
Mitchell Hamline Law Review
No abstract provided.
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Warrantless Searches Of Electronic Devices At U.S. Borders: Securing The Nation Or Violating Digital Liberty?, Ahad Khilji
Catholic University Journal of Law and Technology
The steady increase of U.S. citizens traveling with smart phones and other electronic devices has been met with the rise of searches and seizures by CBP officers at U.S borders. Although only less than 0.1% of all travelers may actually be subjected to a search while entering the United States, when comparing the statistics between a six month period in 2016 with the same period in 2017, electronic device searches have almost doubled from 8,383 to 14,993. Approximately one million travelers to the U.S. are inspected by the CBP every day. Out of this population, nearly 2,500 electronic devices are …
Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski
Surviving The “Pretext” Stage Of Mcdonnell Douglas: Should Employment Discrimination And Retaliation Plaintiffs Prove “Motivating Factors” Or But-For Causation?, Alexandra Zabinski
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
Touro Law Review
No abstract provided.
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
Touro Law Review
No abstract provided.