Law Commons^™

Disability, Equipment Barriers And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo

Articles

It is well-known that people with disabilities face multiple barriers to adequate health care, including lower average incomes, disproportionate poverty, and issues with insurance coverage. This article focuses on a more fundamental barrier-one that has not been discussed in the legal literature-inaccessible medical equipment and its effect on the delivery of women's health care to millions of women with disabilities .

The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron

Michigan Journal of Race and Law

The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …

In Defense Of The Indian Child Welfare Act In Aggravated Circumstances, C. Eric Davis

Michigan Journal of Race and Law

The Indian Child Welfare Act (ICWA) affords various protections to Indian families throughout child welfare proceedings. Among them is the duty imposed upon the state to provide rehabilitative services to families prior to the outplacement of an Indian child, or termination of parental rights. An analogous provision for non-Indians in the Adoption and Safe Families Act (ASFA) excuses rehabilitative services in "aggravated circumstances" of child abuse. The ICWA contains no such exception, and that absence has been controversial. In 2002, the Alaska Supreme Court applied ASFA's aggravated circumstances exception to the ICWA, thereby excusing services when a father severely abused …

From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes

Michigan Journal of Race and Law

In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …

Is A Burrito A Sandwich? Exploring Race, Class, And Culture In Contracts, Marjorie Florestal

Michigan Journal of Race and Law

A superior court in Worcester, Massachusetts, recently determined that a burrito is not a sandwich. Surprisingly, the decision sparked a firestorm of media attention. Worcester, Massachusetts, is hardly the pinnacle of the culinary arts-so why all the interest in the musings of one lone judge on the nature of burritos and sandwiches? Closer inspection revealed the allure of this otherwise peculiar case: Potentially thousands of dollars turned on the interpretation of a single word in a single clause of a commercial contract. Judge Locke based his decision on "common sense" and a single definition of sandwich-"two thin pieces of bread, …

Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Hidden Harms Of The Family And Medical Leave Act: Gender-Neutral Versus Gender-Equal, Deborah J. Anthony

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Anderson Jones

Utah Law Faculty Scholarship

For more than 30 years, proponents and opponents of a federal reporter's shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived "avalanche" of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …

Introduction, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Stripping Judicial Review During Immigration Reform: The Certificate Of Reviewability, Jill E. Family

Nevada Law Journal

Congress contemplated a drastic change during the 2005-2006 immigration reform debate that sought to narrow access to the federal courts: a proposed certificate of reviewability requirement. The requirement would compel foreign nationals subject to an administrative removal order to obtain permission from a single federal court of appeals judge to access the federal courts. The U.S. House of Representatives endorsed the requirement, but the U.S. Senate dropped it from its slate of immigration reform priorities. Why did the requirement disappear from the Senate’s agenda during an era of increased congressional restrictions on judicial review of immigration cases?

A definitive answer …

"All The News That's Fit To Print": The New York Times, "Yellow" Journalism, And The Criminal Trial 1892-1902, Trevor D. Dryer

Nevada Law Journal

The study of criminal trials during the late 1890s and early 1900s has largely focused on the nature of the criminal justice “system,” but little research has been done on the interaction of the press and the criminal courts and how each institution influenced the other. With “yellow” journalism at its height, the press during this era was eager to cover murder trials, especially ones with bizarre facts, gory details, or sympathetic defendants. Examination of the criminal trial through the lens of the press yields two unexpected insights. First, while not traditionally labeled as “yellow,” the New York Times’ murder …

The Demise Of Fourth Amendment Standing: From Standing Room To Center Orchestra, Nadia B. Soree

Nevada Law Journal

No abstract provided.

An Automobile Exception In Nevada: A Critique Of The Harnisch Cases, Thomas B. Mcaffee, John P. Lukens, Thaddeus J. Yurek Iii

Nevada Law Journal

No abstract provided.

Life And Liberty: Seven Factors That Will Better Evaluate Self-Defense In Nevada's Common Law On Retreat, Robert Stephens

Nevada Law Journal

No abstract provided.

Nevada's Comprehensive Theft Statute: Consolidation Or Confusion?, Sherry A. Moore

Nevada Law Journal

No abstract provided.

Judge Dredd: Hollywood Fiction Or Las Vegas Reality?, Michael J. Gayan

Nevada Law Journal

No abstract provided.

Do Not Feed The Homeless: One Of The Meanest Cities For The Homeless Unconstitutionally Punishes The So-Called "Enablers", D. Matthew Lay

Nevada Law Journal

No abstract provided.

License To Discriminate: "Choose Life" License Plates And The Government Speech Doctrine, W. Alexander Evans

Nevada Law Journal

No abstract provided.

Hedge Funds And Public Disclosure Requirements: Is The Sec Telling Secrets?, James B. Robertson

Nevada Law Journal

No abstract provided.

2008-05-15 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

2008-11-25 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

2008-05-05 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.

Franklin D. Roosevelt, Commander In Chief, Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Conceptualizing Complicity In Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

In Praise Of Joe Sax, John D. Leshy

Faculty Scholarship

No abstract provided.

Interstate Groundwater Resources: The Federal Role, John D. Leshy

Faculty Scholarship

No abstract provided.

Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little

Faculty Scholarship

No abstract provided.

Assessing Cafa's Stated Jurisdictional Policy, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Impact Of Computers On The Legal Profession: Evolution Or Revolution?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Public Trust Doctrine, Environmental Human Rights, And The Future Of Private Property, David Takacs

Faculty Scholarship

No abstract provided.