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Articles 1 - 20 of 20
Full-Text Articles in Law
Free To Be Biased?, Melissa Murray, Russell Robinson
Free To Be Biased?, Melissa Murray, Russell Robinson
Russell K Robinson
No abstract provided.
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen
Nicholas Benedict Arntsen
Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …
Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice
Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice
Julie A. Nice
While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea change began in the United States around 1970 that marked the end of our social commitment to shared prosperity and the beginning of the steady widening of income inequality to its current historic level. In response, poor people might have been expected to turn to the courts for protection against the perennially pervasive prejudice against them, especially considering their relative—if not absolute—lack of political clout. But the Supreme Court had virtually closed the courthouse door in Dandridge v. Williams, affording to poor people …
No, Bloomberg Isn't Banning Circumcision, Michael Helfand
No, Bloomberg Isn't Banning Circumcision, Michael Helfand
Michael A Helfand
No abstract provided.
A House Divided: The Incompatible Positions Of The Centers For Disease Control And The Equal Employment Opportunity Commission On Obesity As A Disability, Kent Kauffman
Kent D Kauffman
The question whether obesity was a covered disability under the Americans with Disabilities Act (ADA) was inconsistently answered by the federal courts. But the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) revised the federal government's position on obesity as a disability, and the Equal Employment Opportunity Commission has, as a result, taken a more assertive role in this area of disability discrimination. The difficulty with the EEOC's position is that is disregards the reality that obesity presents in the workplace, one of ever-burgeoning and unsustainable costs. It is also a stance that is antipathetic to …
Postscript: Religious Boundaries, Michael Helfand
Postscript: Religious Boundaries, Michael Helfand
Michael A Helfand
No abstract provided.
Hebrew National Must Answer To A Higher Authority, Michael Helfand
Hebrew National Must Answer To A Higher Authority, Michael Helfand
Michael A Helfand
No abstract provided.
The Boundaries Of Religious Freedom, Michael Helfand
The Boundaries Of Religious Freedom, Michael Helfand
Michael A Helfand
No abstract provided.
Lessons About Reform From “A Very Dangerous Woman”, Sherry Penney, James Livingston
Lessons About Reform From “A Very Dangerous Woman”, Sherry Penney, James Livingston
Sherry Penney
We discuss reform in antebellum America through the life of Martha Coffin Wright, an activist in the abolition and early women’s rights movements. Consideration of her motivations for reform; the obstacles faced by these movements; their methods, successes, and failures, may offer guidelines for reformers of today.
Free To Be Biased?, Melissa Murray, Russell Robinson
Free To Be Biased?, Melissa Murray, Russell Robinson
Melissa Murray
No abstract provided.
Critical Race Histories: In And Out, Darren Hutchinson
Critical Race Histories: In And Out, Darren Hutchinson
Darren L Hutchinson
No abstract provided.
Op-Ed: Banning Protesters An Attack On Democracy, Stephen D'Arcy
Op-Ed: Banning Protesters An Attack On Democracy, Stephen D'Arcy
Stephen D'Arcy
A defence of academic freedom at Western U.
Imposition, Richard Delgado, Jean Stefancic
Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado
Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado
Richard Delgado
The author, Professor Richard Delgado, takes as his point of departure a remark by the chair of the Colorado committee that voted academic sanctions against Ward Churchill. This essay explores the role of retaliatory motives in academic misconduct cases. In Churchill’s case, Colorado authorities delved deeply and painstakingly into Churchill’s publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 9/11 tragedy. What bearing should the investigation’s relation to the hue and cry that led to it have on its own legitimacy? Professor Delgado examines …
Superman Had Nothin On Keith Aoki, Bill Hing
Superman Had Nothin On Keith Aoki, Bill Hing
Bill Ong Hing
In this tribute to the late Keith Aoki, Professor of Law at U.C. Davis, I point out that at the heart of much of Keith Aoki’s humanity and scholarship is a call for us to be on guard against institutional, public, and private strategies operating to disadvantage people of color and other subordinated groups. Much of his life and body of work inspires us to stand up to racism and subordination of those who are disadvantaged. In that context, I discuss recent attacks on Muslim, Arab and South Asian communities, and underscore our responsibility to speak the truth about these …
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand
Michael A Helfand
This introduction provides a preface to the Pepperdine Law Review symposium from the Third Annual Religious Legal Theory Conference on "The Competing Claims of Law & Religion: Who Should Influence Whom." As the introduction notes, the relationship between law and religion is both fraught with tension but also provides great opportunity. In so doing, the introduction sketches some of the varied responses to conflicts between law and religion, providing a brief overview of the papers included in the symposium issue.
Board President, Artistic Noise, Inc. (2009-Present), Francine Sherman
Board President, Artistic Noise, Inc. (2009-Present), Francine Sherman
Francine T. Sherman
No abstract provided.
Legislating Inclusion, Lia Epperson
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
Peter J Honigsberg
The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).
This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …
Respectable Queerness, Yuvraj Joshi
Respectable Queerness, Yuvraj Joshi
Yuvraj Joshi
This Article proposes a new theoretical framework to understand public recognition of gay people and relationships. This framework—called “respectable queerness”—suggests that public recognition of gay people and relationships is contingent upon their acquiring a respectable social identity that is actually constituted by public performances of respectability and by privately queer practices. The challenges posed by such recognition include dissonance between one’s public and private selves and fuelling moralism and entrenching divisions between different queer constituencies.