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Articles 1 - 27 of 27
Full-Text Articles in Law
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Taking Care Of Business And Protecting Maine's Employees: Supervisor Liability For Employment Discrimination Under The Maine Human Rights Act, Katharine I. Rand
Maine Law Review
On the heels of federal legislation prohibiting employment discrimination most states, including Maine, have enacted their own civil or human rights statutes aimed at eliminating discriminatory behavior in the workplace. Like its federal counterpart, Title VII of the Civil Rights Act of 1964 (Title VII), the Maine Human Rights Act, enacted in 1971, prohibits employers from discriminating on the basis of race, gender, age, religion, or national origin and provides a civil remedy for victims of employment discrimination. Moreover, like Title VII, the question of just who constitutes a liable “employer” under the Maine Human Rights Act has been the …
Environmental Injustice And The Problem Of The Law, Uma Outka
Environmental Injustice And The Problem Of The Law, Uma Outka
Maine Law Review
Over the past fifteen years, legal academia has produced a sizeable body of scholarship on the widely acknowledged problem of environmental injustice. Although there have been positive responses in the policy arena, no similar level of concern is evident in the courts. Most legal claims directly addressing environmental injustice fail, recent developments in civil rights case law are discouraging, and current constructions of environmental laws are proving theoretically inadequate to protect communities already subjected to disproportionate toxic exposure or threatened by new pollution. This Comment explores the state of the law of environmental justice and offers an analysis of why …
The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich
Maine Law Review
On July 3, 2006, Lewiston, Maine resident Brent Matthews threw a pig's head as "a joke" into the town's only mosque, frequented primarily by Somali refugees, during evening services. Because of Matthews' "joke," members of the mosque were required by Islamic law to clean the desecrated area seven times, attendance at the mosque decreased, and some members said they feared physical harm. Unfortunately for Matthews, Maine is one of eight states that has given its Attorney General the authority to seek a civil remedy for a violation of a citizen's civil rights, which can be pursued concurrently or exclusively of …
Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr
Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr
Maine Law Review
A while back, in November 2007, some students came down after class and asked me why I never told any personal stories during class. I gave them my standard reply that class time was too valuable for the telling of "war stories." "Well," they countered, "would you be willing to tell your 'back story' after class?" I had no objection to that, as long as they would set it up. I half-expected nothing further to come of it, but the students did set it up, publicizing it to the whole law school community. On the appointed day, an overflow crowd …
Renewing Human Rights Law In Canada, Dominique Clément
Renewing Human Rights Law In Canada, Dominique Clément
Osgoode Hall Law Journal
Human rights law was one of the great legal innovations of the twentieth century. And yet human rights agencies and practitioners face a backlash that has resulted in regressive legislative reforms in recent years. These reforms have only succeeded in undermining some of the key pillars of the Canadian model for human rights law. The following article places the current backlash within historical context. The author argues that many recent reforms have replicated the deficiencies of past anti-discrimination laws. Commissions and policy-makers must respond by building on the strengths of the original Canadian model by improving public education, engaging with …
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Professor Destiny Peery
Northwestern Journal of Law & Social Policy
No abstract provided.
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?
Northwestern Journal of Law & Social Policy
No abstract provided.
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler
Northwestern Journal of Law & Social Policy
No abstract provided.
Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations
Northwestern Journal of Law & Social Policy
No abstract provided.
Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing
Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing
Northwestern Journal of Law & Social Policy
No abstract provided.
Do Unions Promote Rights For People With Disabilities?, Lilach Lurie
Do Unions Promote Rights For People With Disabilities?, Lilach Lurie
Indiana Journal of Law and Social Equality
Scholars and international organizations emphasize the role of unions in promoting disability rights. Nonetheless, previous studies showed that unions may underrepresent people with disabilities. The current research aims to contribute to this debate through an empirical examination of collective agreements in Israel. The research shows that although collective agreements in Israel promote disability insurance and job security for people with disabilities, they do not promote accommodations or employability security for workers with disabilities. Moreover, the research shows that coordination between unions and disability organizations is essential to promote the rights of workers with disabilities. Lastly, the research emphasizes the importance …
Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole
Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole
Journal of Health Disparities Research and Practice
Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the health …
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Transformative Events In The Lgbtq Rights Movement, Ellen A. Andersen
Indiana Journal of Law and Social Equality
Obergefell v. Hodges, the 2015 Supreme Court case holding that same-sex couples had a constitutional right to marry under the Due Process Clause of the Fourteenth Amendment, was widely hailed in the media as a turning point for the LGBTQ rights movement. In this article, I contemplate the meaning of turning points. Social movement scholars have shown that specific events can, on rare occasion, alter the subsequent trajectory of a social movement. Such events have been termed ‘transformative events.’ I ask whether judicial decisions have the capacity to be transformative events and, if so, under what circumstances. I begin by …
Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores
Policy Backlash: Measuring The Effect Of Policy Venues Using Public Opinion, Scott Barclay, Andrew R. Flores
Indiana Journal of Law and Social Equality
No abstract provided.
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Voting Rights And The History Of Institutionalized Racism: Criminal Disenfranchisement In The United States And South Africa, Brock A. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Martin Luther King Jr.’S Perjury Trial: A Potential Turning Point And A Footnote To History, Leonard Rubinowitz
Martin Luther King Jr.’S Perjury Trial: A Potential Turning Point And A Footnote To History, Leonard Rubinowitz
Indiana Journal of Law and Social Equality
No abstract provided.
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
Seton Hall Circuit Review
No abstract provided.
Leaving Behind Self-Righteousness: Using Mutual Respect And Compromise To Solve Emerging Conflicts Between Religious Liberty And Same-Sex Marriage, Benjamin Issa
Brigham Young University Prelaw Review
This paper attempts to provide a reasonable framework for thinking about religious liberty issues following the Supreme Court's decision in Obergefell v. Hodges. Following the decision in that case, which requires states to wed same-sex couples, there has been a national debate about when - and if - religious business owners can discriminate based on sexual orientation. This issue pits religious liberty organizations against LGBT rights organizations, and leaves both sides feeling demonized and misunderstood. This paper advocates a more nuanced approach, and suggests that reasonable compromise is possible if we are willing to leave behind self-righteousness and instead engage …
Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson
Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ncaa: No Consequences Against Athletes, Catalina Kelly
Ncaa: No Consequences Against Athletes, Catalina Kelly
Loyola of Los Angeles Law Review
No abstract provided.
Gender-Selective Service: The History And Future Of Women And The Draft, Elizabeth Farrington
Gender-Selective Service: The History And Future Of Women And The Draft, Elizabeth Farrington
University of Arkansas at Little Rock Law Review
No abstract provided.
Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil
Why Are The Twin Cities So Segregated?, Myron Orfield, Will Stancil
Mitchell Hamline Law Review
No abstract provided.
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle
Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine, Justin D. Cummins, Beth Belle Isle
Mitchell Hamline Law Review
No abstract provided.
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon
Loyola of Los Angeles Law Review
Last Term’s decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system’s inadequate response to it. In James ̧ the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney’s fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts’ well-settled duty to obey the Court’s decisions on federal law, this article shows that the duty …
Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson
Blowing Past Minnesota Nice: New Opportunities Arise To Utilize Disparate-Impact Theory And Practice In Twin Cities Low-Income Housing Discrimination Litigation, Anne M. Robertson
Mitchell Hamline Law Review
No abstract provided.
"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks
"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks
American University Journal of Gender, Social Policy & the Law
The narrative of African Americans’ quest for racial equality and social justice in the Twentieth Century is typically construed in the context of main-line civil rights organizations—e.g., NAACP, SCLC, SNCC, and the like. However, for decades, black fraternal networks had been helping to lay the groundwork for the major civil rights campaigns that culminated in the Civil Rights Act of 1964. In 1938 Alpha Kappa Alpha Sorority, Incorporated created the National Non-Partisan Lobby on Civil and Democratic Rights (“NPC”), later renamed the National Non-Partisan Council on Public Affairs. It was the first full-time congressional lobby for minority group civil rights. …