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Articles 1 - 30 of 215
Full-Text Articles in Law
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Gregory
Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law
Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Brief Of Amici Curiae Legal Voice And Korematsu Center, Fred T. Korematsu Center For Law And Equality, Robert Chang
Brief Of Amici Curiae Legal Voice And Korematsu Center, Fred T. Korematsu Center For Law And Equality, Robert Chang
Fred T. Korematsu Center for Law and Equality
No abstract provided.
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Reproduction Reconceived, Courtney Megan Cahill
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt
UF Law Faculty Publications
The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging …
Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality
Brief For The Fred T. Korematsu Center For Law And Equality And The Phillips Black Project As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Williams v. Steele
Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune
Reply Brief. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 9443770, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune
Court Briefs
QUESTIONS PRESENTED (1) To establish a prima facie case of discriminatory termination, is a plaintiff required to show that he was replaced by someone outside his or her protected group?* (2) Under Title VII of the Civil Rights Act of 1964, a plaintiff prior to:bringing a civil action must first file a charge with the EEOC, usually within 300 days of the action complained of. The Question Presented is: Where a claimant files a timely Title VII charge asserting that employer conduct was the result of a particular unlawful motive, may the claimant after the end of the charge-filing period …
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson
Law School Blogs
No abstract provided.
Brief For The Fred T. Korematsu Center For Law And Equality, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Bar Association, National Lgbt Bar Association, And National Native American Bar Association As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae
Brief For The Fred T. Korematsu Center For Law And Equality, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Bar Association, National Lgbt Bar Association, And National Native American Bar Association As Amici Curiae In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Lee v. Tam
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Media Collection
No abstract provided.
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
What Lurks Below Beckles, Leah Litman, Shakeer Rahman
Articles
This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …
Brief For Amici Curiae Fred T. Korematsu Center For Law And Equality, Anti-Defamation League, Asian Americans Advancing Justice, Asian American Bar Association Of New York, Asian American Legal Defense And Education Fund, Hispanic National Bar Association, Latinojustice Prldef Inc., Metropolitan Black Bar Association, Naacp Legal Defense & Education Fund, Inc., National Asian Pacific American Bar Association, National Asian Pacific American Women's Forum, National Bar Association, National Native American Bar Association, Society Of American Law Teachers, Inc., South Asian Bar Association Of New York, South Asian Bar Association Of North America, And Law Professors In Support Of Defendant-Apellant, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
People v. Joseph Bridgeforth
A Long Journey To Secure Permanent Overtime Rights For California Domestic Workers, Hina B. Shah
A Long Journey To Secure Permanent Overtime Rights For California Domestic Workers, Hina B. Shah
GGU Law Review Blog
Domestic workers are crucial part of the economic and social fabric of our country. However, isolated and hidden behind closed doors and mostly unprotected under the law, domestic workers face harsh working conditions.
Treatment As An Individual And The Priority Of Persons Over Groups In Antidiscrimination Law, Patrick S. Shin
Treatment As An Individual And The Priority Of Persons Over Groups In Antidiscrimination Law, Patrick S. Shin
Suffolk University Law School Faculty Works
The Supreme Court has said that the Equal Protection Clause of the Constitution and Title VII’s prohibition of discrimination require that all persons be treated as individuals and that the laws operate primarily to protect “persons, not groups.” This article shows that the legal requirement of individual treatment has two distinct components: a rule invalidating inferences about persons based on their membership in protected groups and a rule prohibiting disparate treatment for the sake of group interests or intergroup equality. The first rule is rooted in moral principles of respect for individual autonomy. The second rule is a principle that …
Petition For A Writ Of Certiorari. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 5929996, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune
Petition For A Writ Of Certiorari. Lavigne V. Cajun Deep Foundations, L.L.C., 137 S.Ct. 1328 (2017) (No. 16-464), 2016 Wl 5929996, Eric Schnapper, J. Arthur Smith, Iii, Justin M. Delaune
Court Briefs
QUESTIONS PRESENTED (1) To establish a prima facie case of discriminatory termination, is a plaintiff required to show that he was replaced by someone outside his or her protected group? (2) Under Title VII of the Civil Rights Act of 1964, a plaintiff prior to:bringing a civil action must first file a charge with the EEOC, usually within 300 days of the action complained of. The Question Presented is: Where a claimant files a timely Title VII charge asserting that employer conduct was the result of a particular unlawful motive, may the claimant after the end of the charge-filing period …
Why Feminist Legal Theory Still Needs Mary Joe Frug: Thoughts On Conflicts In Feminism, Elizabeth M. Schneider
Why Feminist Legal Theory Still Needs Mary Joe Frug: Thoughts On Conflicts In Feminism, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
Faculty Publications
The Supreme Court’s jurisprudence regarding the death penalty, whether or not cruel, has most certainly been unusual in the annals of criminal punishment. In the short span of four years, the Court foreclosed and then reopened this form of punishment in Furman v. Georgia and Gregg v. Georgia. One year later the Court would categorically exclude the punishment for the rape of an adult. Five years later the Court would again preclude the punishment, for any defendant convicted of felony-murder who did not participate or share in the homicidal act or intent. In 1986 the Court would struggle with …
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Utah Law Faculty Scholarship
The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo
All Faculty Scholarship
American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that …
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioners, Robert Chang, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioners, Robert Chang, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
State v. Houston-Sconiers et al.
Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session, Public Rights/Private Conscience Project
State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
Since the Supreme Court’s 2015 decision in Obergefell v. Hodges, which held that laws limiting marriage to opposite-sex couples were unconstitutional, opponents of marriage equality and LGBT rights have largely turned their attention to the enactment of religious exemption laws. These exemptions allow individuals and organizations to violate certain federal, state, and local laws and regulations that conflict with their religious faith. While some proposed bills are state-level variations on the extremely broad and general federal Religious Freedom Restoration Act (RFRA), passed in 1993, a new variety of legislation provides narrower accommodations specifically relating to religious views about sex, …
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
Articles
If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of S.K-P., Fred T. Korematsu Center For Law And Equality
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of S.K-P., Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
In re Dependency of S.K-P.
Jurisdiction And Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied, Leah Litman, Luke C. Beasley
Jurisdiction And Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied, Leah Litman, Luke C. Beasley
Articles
This Essay is about what prosecutors can do to ensure that prisoners with meritorious legal claims have a remedy. The Antiterrorism and Effective Death Penalty Act (AEDPA) imposes draconian conditions on when prisoners may file successive petitions for post-conviction review (that is, more than one petition for post-conviction review). AEDPA’s restrictions on post-conviction review are so severe that they routinely prevent prisoners with meritorious claims from vindicating those claims.
After Legal Equality: Family, Sex, Kinship, Edited By Robert Leckey, Michael Boucai
After Legal Equality: Family, Sex, Kinship, Edited By Robert Leckey, Michael Boucai
Book Reviews
No abstract provided.
Conscience Protection And Discrimination In The Republican Party Platform And Mississippi's H.B. 1523, Religious Freedom Institute, Linda C. Mcclain
Conscience Protection And Discrimination In The Republican Party Platform And Mississippi's H.B. 1523, Religious Freedom Institute, Linda C. Mcclain
Faculty Scholarship
Last May, before the Supreme Court issued its landmark opinion in Obergefell v. Hodges,Cornerstone sponsored a symposium on “Responding to Indiana RFRA and Beyond,” which focused on Governor Mike Pence’s swift “fix” of Indiana’s RFRA, after protests and threats of boycotts, to clarify that it would “not create a license to discriminate.” Particularly controversial were provisions protecting the conscience of persons operating for-profit businesses. In that symposium, I observed that public discourse frequently referred back to the Civil Rights Act of 1964, because “many people relate the current battle over protecting conscience in the context of …
A 15 Million Dollar Clock: How Much Is Too Much?, Katherine Alphonso
A 15 Million Dollar Clock: How Much Is Too Much?, Katherine Alphonso
GGU Law Review Blog
No abstract provided.