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Articles 1 - 30 of 125
Full-Text Articles in Law
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Gendering Disability To Enable Disability Rights Law, Michelle Travis
Michelle A. Travis
Myth: Hard Work And Credentials Determine Employment Opportunities
Myth: Hard Work And Credentials Determine Employment Opportunities
Alev Dudek
Fair Housing In The 1990'S: An Overview Of Recent Developments And Prognosis Of Their Impact, 22 J. Marshall L. Rev. 421 (1989), F. Caruso, William Jones
Fair Housing In The 1990'S: An Overview Of Recent Developments And Prognosis Of Their Impact, 22 J. Marshall L. Rev. 421 (1989), F. Caruso, William Jones
F. Willis Caruso
No abstract provided.
Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso
Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso
F. Willis Caruso
No abstract provided.
Charter Insights For American Equality Jurisprudence, Stephen Ross
Charter Insights For American Equality Jurisprudence, Stephen Ross
Stephen F Ross
Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …
A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen Ross, Michael James
A Strategic Legal Challenge To The Unforeseen Anticompetitive And Racially Discriminatory Effects Of Baseball’S North American Draft, Stephen Ross, Michael James
Stephen F Ross
Major League Baseball (MLB) has honored a single player by retiring his number for every club. Absent special commemorations, no player will wear the number “42” in honor of the man who broke the color barrier to become the first African American to play major league baseball in the modern era: Jackie Robinson. MLB has also honored a single player—chosen from nominees from each individual club—by presenting an annual award for humanitarian service in his name; that honoree is Roberto Clemente. However, the sad reality is that if a fifteen-year-old Jackie Robinson were growing up today in South Pasadena, California, …
Supervisory Liability In Section 1983 Cases, Kit Kinports
Supervisory Liability In Section 1983 Cases, Kit Kinports
Kit Kinports
The topic of this presentation is supervisory liability in Section 1983 cases. Assume for present purposes that a plaintiff's constitutional rights have been violated - that some state official has acted in violation of the Constitution. The question to be addressed here is whether that state official's supervisors can be held liable for damages stemming from the constitutional violation.
The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports
The Buck Does Not Stop Here: Supervisory Liability In Section 1983 Cases, Kit Kinports
Kit Kinports
The appropriate standard for supervisory liability in Section 1983 cases has been a source of considerable disagreement among federal courts of appeals. In the absence of established Supreme Court authority on the subject, courts have rejected vicarious and negligence liability in favor of a higher culpability requirement, but they have not agreed on precisely what form this higher standard should take. In this article, the Author addresses the need for a uniform standard consistent with the statute's twin goals of compensating the victims of constitutional violations and deterring constitutional infractions.
The author notes at the outset that lower courts have …
Toward A New Separation Of Church And State: Implications For Analogies To Last Year’S Supreme Court Decision In Hobby Lobby By This Year’S Decision In Obergefell V. Hodges, Vincent Samar
Vincent Samar
Amicus Brief In "Robincheaux V. Caldwell", Tanya Washington, Catherine Smith, Susannah Pollvogt
Amicus Brief In "Robincheaux V. Caldwell", Tanya Washington, Catherine Smith, Susannah Pollvogt
Tanya Monique Washington
No abstract provided.
How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine
How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Age Discrimination And The Prima Facie Case: Supreme Court's Age Discrmination Decision Fails To Resolve Key Questions Arising Under The Adea, Steven Kaminshine
Steven J. Kaminshine
No abstract provided.
The Fundamental Right To A Travel Passport Under Nigerian Law: An Integrated Viewpoint, Obiora Okafor
The Fundamental Right To A Travel Passport Under Nigerian Law: An Integrated Viewpoint, Obiora Okafor
Obiora Chinedu Okafor
No abstract provided.
Choice, Equality And Tales Of Racial Discrimination: Reading The Supreme Court On Section 15, Sonia Lawrence
Choice, Equality And Tales Of Racial Discrimination: Reading The Supreme Court On Section 15, Sonia Lawrence
Sonia Lawrence
No abstract provided.
Law & Politics After September 11th: Civil Rights & The Rule Of Law, Trevor Farrow
Law & Politics After September 11th: Civil Rights & The Rule Of Law, Trevor Farrow
Trevor C. W. Farrow
No abstract provided.
Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (West Group 4th Ed. 1997 & Supp. 1998-2015) (Now Available On Westlaw As Civliblit), Sheldon Nahmod
Sheldon Nahmod
From Slavery To Obama: The Affirmative Action Revolution, Tanya Washington
From Slavery To Obama: The Affirmative Action Revolution, Tanya Washington
Tanya Monique Washington
No abstract provided.
Loving V. Virginia In A Post-Racial World: Rethinking Race, Sex, And Marriage, Kevin Maillard, Rose Villazor, Victor Romero
Loving V. Virginia In A Post-Racial World: Rethinking Race, Sex, And Marriage, Kevin Maillard, Rose Villazor, Victor Romero
Victor C. Romero
Victor Romero is a contributing author: "Loving Across the Miles: Binational Same-Sex Marriages" pages 217-234. In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a …
The Encyclopedia Of American Civil Liberties, Paul Finkelman, Victor Romero
The Encyclopedia Of American Civil Liberties, Paul Finkelman, Victor Romero
Victor C. Romero
Victor Romero contributed the following encyclopedia entries: "Civil Liberties of Aliens"; "Race and Immigration"; "Criminal Law/Civil Liberties and Noncitizens in the U.S."; "Illegitimacy and Immigration"; "Homosexuality and Immigration"; "Ambach v. Norwick"; "United States v. Verdugo-Urquidez"; "Fiallo v. Bell"; "INS v,. Chadha"; and "In re Griffiths."
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties.
- From the Publisher
Alienated: Immigrant Rights, The Constitution, And Equality In America, Victor Romero
Alienated: Immigrant Rights, The Constitution, And Equality In America, Victor Romero
Victor C. Romero
Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a "legitimate" proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguable increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a "constitutional immigration law paradox" …
A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York
A “Modern” Interpretation Of The 3rd Amendment: Unconstitutional Militarized Police, Sarah York
Sarah York
This paper suggests that the 3rd Amendment has not been properly analyzed by the Court to reflect its broad basis and the intent of the founding fathers concerning the limitations on the use of military force on the civilian population. The paper specifically examines the 1033 program that streamlines the process for domestic police forces to take possession of military surplus weapons, vehicles, and tactical gear. The Posse Comitatus and the documented discussions of the founding fathers are used to support the argument that the 3rd Amendment was not meant to be limited to a strict interpretation of …
Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid
Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid
Zahra Takhshid
Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”
The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.
In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …
A Struggle For Recognition: The Controversy Over Religious Liberty, Civil Rights, And Same-Sex Marriage (Forthcoming), Steven Heyman
A Struggle For Recognition: The Controversy Over Religious Liberty, Civil Rights, And Same-Sex Marriage (Forthcoming), Steven Heyman
Steven J. Heyman
No abstract provided.
The Potential Impact Of Hobby Lobby On Lgbt Civil Rights?, Vincent Samar
The Potential Impact Of Hobby Lobby On Lgbt Civil Rights?, Vincent Samar
Vincent Samar
The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman
The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman
Peter Siegelman
Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …
Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington
Throwing Black Babies Out With The Bathwater: A Child-Centered Challenge To Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Once Born, Twice Orphaned: Children's Constitutional Case Against Same-Sex Adoption Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Suffer Not The Little Children: Prioritizing Children's Rights In Constitutional Challenges To "Same-Sex Adoption Bans", Tanya Washington
Tanya Monique Washington
No abstract provided.
What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington
What About The Children? Child-Centered Challenges To Same-Sex Marriage Bans, Tanya Washington
Tanya Monique Washington
No abstract provided.
All Things Being Equal: The Promise Of Affirmative Efforts To Eradicate Color-Coded Inequality In The United States And Brazil, Tanya Washington
All Things Being Equal: The Promise Of Affirmative Efforts To Eradicate Color-Coded Inequality In The United States And Brazil, Tanya Washington
Tanya Monique Washington
No abstract provided.