Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Americans With Disabilities Act; ADA; Title III; website accessibility; place of public accommodation; public accommodation; circuit split; predatory litigation; WCAG (1)
- Capital Punishment; Death Penalty; Racial Justice; Black Lives Matter (1)
- Civil Rights Act; Title VI; Free Speech; Anti-Discrimination; Religion; College; University; Activist; Protest; Executive Order; Trump; Anti-Semitisim; Law; Policy; Society; Marketplace of ideas (1)
- DNA; DNA testing; Argentina; right to truth; right to privacy; civil war; litigation; identity; orphans; orphan (1)
- Disability Rights; Civil Rights; ADHD; Education Policy; Higher Education; Americans With Disabilities Act; DSM-V; Reasonable Accomodations; Standardized Testing; Law; Policy; College; Admissions; Testing; Graduate; Post-Graduate; Professional; LSAT; MCAT; GMAT; SAT; Varsity Blues Scandal; Discrimination (1)
-
- Fair Housing; Great Depression; COVID-19; legislation; affordable housing; property; real property; civil rights; segregation; Black Lives Matter; Village of Euclid v. Ambler Realty Co.; Corrigan v. Buckley; Fair Housing Act; aditional dwelling unit; ADU; zoning; pubic health; Federal Housing Administration; FHA; home loan; mortgage; rezoning; upzoning; Bloomber; Bill De Blasio; Mandatory Inclusionary Housing; Anti-Discrimination Center v. Westchester County; Great Recession; rent; policy; Community Housing Improvement Program; CHIP; CARES Act; Tenant Safe Harbors Act; Department of Housing Preservation and Development; Cuomo; Low-Income Housing Tax Credit; IRS; Mount Laurel; home rule; jurisdiction; administrative agency; Dillon Rule; sustainability; shutdown (1)
- Immigration and Nationality Act; INA; Safe Third Country; Safe Third Country Exception; STC; Immigration Law; Immigration; Migrants; Refugees; Refugee Law; Trump; President Trump; President Biden; Biden; Donald Trump; Joe Biden; Trump administration; Biden administration; Mexico; Guatemala; Honduras; El Salvador; Safe Third Country Agreements; International Law; International Relations; Foreign Relations; Hungarian Law; Canadian Law; UNHCR; United Nations High Commissioner on Refugees; Central America; Migration; Border; Border Crisis; Refugee Crisis; Northern Triangle; Gang Violence; Immigration and Refugee Protection Act; Hungarian Asylum Act; Supreme Court of Hungary; Kuria (1)
- Jurisdiction; subject matter jurisdiction; immigration; Article III; jurisdiction-stripping; IIRIRA; 1252(g); due process; separation of powers; Silva; Arce; Reno; Federal Tort Claims Act; FTCA; American-Arab Anti Discrimination-Committee; judicial review; wrongful removal; Mathews (1)
- Marijuana; Cannabis; Cannabis Act; Drugs; Narcotics; Tetrahydrocannabinol; THC; CBD; Coca Leaf; Legalization; Decriminalization; Possession; Prohibition; HIV; AIDS; Vienna Convention; VCLT; Single Convention on Narcotics; Convention on Psychotropic Substances; Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; Schedule I; Schedule IV; Controlled Substances Act; CSA; INCB; WHO; World Health Organization; ECDD; CND; UNGASS; Opium Act; Hague; League of Nations; ACLU; Russia; Bolivia; Uruguay; Netherlands; Portugal; Canada; UN; United Nations; Treaties; Coffeeshops; Back Door; El Guindy; Anslinger; ECOSCO; Wolff; Nixon; Reagan; War on Drugs; Holder; Black Market; Mujica; Law 19.172; AHOJ-G; Law 30/2000; Trudeau; Bill-C-45; Le Dain Commission; Accession; Reservation; Inter Se (1)
- Renter; housing; housing law; qui tam; PAGA; housing code; tenant rights; landlords; discrimination; warranty of habitability; housing justice; Federal False Claims Act; FCA; New York City; Javins; gentrification; relator; whistleblower; slumlord (1)
- Serbia; United States-Mexico Relations; United States-Honduras Relations; United States-Guatemala Relations; United States-El Salvador Relations; Attorney General; AG; Refugee Convention; Refugee Protocols; UN; United Nations; Refoulement; Non-refoulement; United States-Canada relations; United States-Canada Safe Third Country Agreement (1)
- Town and Village; justice courts; New York; district court model; judicial misconduct; judicial education; municipal courts; justice of the peace; discrimination; constitutional rights; Due Process Clause; community justice; civil liberties; court reform modernization; Uniform District Court Act; New York Constitution (1)
- United States; Germany; First Amendment; Basic Law; U.S. Constitution; Anti-Semitism Awareness Act; World War II; the Holocaust; anti-Semitism; ICCPR; ICERD; UDHR; hate crimes; hate speech; freedom of speech; right to human dignity; discrimination; human rights; civil rights; censorship; European Union; United Nations; Network Enforcement Act; NetzDG; General Act on Equal Treatment (1)
- Voter ID; vote; voting law; Harper; legal financial obligation; disfranchisement; LFO; Anderson-Burdick; Section 10; Voting Rights Act; VRA; Jim Crow; discrimination; Equal Protection; Fourteenth Amendment; Crawford; provisional ballot; constitutional law; Twenty-Fourth Amendment; poll tax; ballot access; Harman; Celebrezze; election; Shelby County; Fifteenth Amendment (1)
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Brooklyn Law Review
The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives …
The Historical Diagnosis Criterion Should Not Apply: Reasonable Accommodations In Standardized Testing For Individuals With A Later Diagnosis Of Adhd, Denise Elliot
Journal of Law and Policy
There is a growing number of adults being diagnosed with ADHD who were not diagnosed in childhood, misdiagnosed, or primarily exhibited symptoms in adulthood. Notably, most of the later diagnoses of ADHD in adults are individuals pursuing some level of higher education. Some of the reasons posited for this increase in ADHD diagnoses in higher education may be attributed to increased workloads, decreased structural and community supports, misdiagnosis in childhood, masking, and racial and socioeconomic factors that overlook subpopulations like children of color, female-presenting, and gender-nonbinary children with ADHD. Unfortunately, testing agencies that administer college entrance exams, graduate school entrance …
On The Outer Reaches Of The Marketplace Of Ideas: The Weaponization Of Title Vi Against Palestinian College Activists, Gavriella Fried
On The Outer Reaches Of The Marketplace Of Ideas: The Weaponization Of Title Vi Against Palestinian College Activists, Gavriella Fried
Journal of Law and Policy
On U.S. college campuses, Palestinian rights activists who are critical of Israel risk legal consequences. Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in any program receiving federal funds. Over the past two decades, at least eighteen Title VI complaints have been filed against U.S. colleges and universities, alleging that Palestinian rights activists’ political expression is a form of anti-Semitism. In December 2019, President Trump promulgated Executive Order 13,899, which formally extended Title VI protections to Jews and directed enforcement agencies to investigate allegations of anti-Semitism using guidance that includes …
High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi
Brooklyn Journal of International Law
Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Compulsory Dna Testing In Argentina: The Right To Truth Versus The Right To Privacy, Margaret Foster
Brooklyn Journal of International Law
During the Dirty War—a seven year repression by the Argentinian junta of political dissidents and alleged subversives—an estimated 500 babies were stolen from their mothers while imprisoned and given to leading military officials as "adopted" children. These children had their true identities erased and replaced with a false one covering up their true origins. This Note will explore Argentina's response to the Dirty War. Namely, it will consider the tension between the right to truth—an international right right often associated with enforced disappearances—and the right to privacy. In particular, it will consider cases in which adults resisted DNA testing to …
The Good, The Bad, And The Historically Anti-Semitic: An Analytical Comparison Of Anti-Hate Laws In Germany And The United States, Jamie Rauch
Brooklyn Journal of International Law
Confronted every day with drastically increasing accounts of hate crimes and hate speech, nations’ legislators have routinely tried and subsequently failed to implement effective legislation capable of curbing the hatred epidemic currently sweeping the globe. This failure is due in large part to the lack of a universal stance on hate crime regulation and criminalization. Two countries in particular, the United States and Germany, embody two diametrically opposing approaches taken by nations in the present-day war on hate speech. This Note explores the dramatic dichotomy between the legislative framework surrounding the regulation of hate speech in these two countries. This …
Redefining The Safe Third Country Exception Of The Immigration And Nationality Act In The Wake Of Trump, Daniel E. Rabbani
Redefining The Safe Third Country Exception Of The Immigration And Nationality Act In The Wake Of Trump, Daniel E. Rabbani
Brooklyn Law Review
The U.S. Immigration and Nationality Act lays out when an asylum seeker has the right to apply for asylum in the United States. This right is not available, however, when an asylum seeker passes through a designated Safe Third Country. A Safe Third Country is an internationally used concept that, pursuant to an international agreement, requires refugees to seek asylum in the first safe country that they step foot in. As the Safe Third Country exception on the Immigration and Nationality Act stands now, there are no guidelines on how to evaluate whether a country is in fact safe. This …
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Brooklyn Law Review
The Federal Tort Claims Act (FTCA) abrogates sovereign immunity in certain circumstances to allow private individuals, regardless of citizenship, to sue the United States for specific torts committed by government officials. Yet when two lawful permanent residents—located in different parts of the country—separately tried to sue the government for wrongful removal, one court dismissed the suit for lack of subject matter jurisdiction while the other court did not. These decisions, though reaching opposite conclusions, both relied on federal immigration statute 8 U.S.C. § 1252(g) in order to determine whether judicial review of immigrants’ removal orders is precluded. This note argues …
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
Brooklyn Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being …
A Firm Pillar Of Local Justice: The Failures Of The New York Town And Village Justice Courts Supporting Statewide Adoption Of The District Court Model, Noah Sexton
Journal of Law and Policy
Town and village justice courts have been the center of municipal law, both civil and criminal, since the mid-nineteenth century. However, in the modern world, they have become corrupt, poorly managed institutions, creating issues involving procedural integrity and civil rights. In order to remedy these failures and modernize the New York State Unified Court System, state legislators must look to the district court model as it currently exists in Nassau and Eastern Suffolk Counties. The district court model offers several benefits, including the imposition of educational and experiential requirements for judges, the creation of internal and external oversight institutions, the …
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy
How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …
Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson
Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson
Journal of Law and Policy
Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui …
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing market. Furthermore, it has pushed New York State’s residential housing market into a uniquely precarious position. Dramatic legislation is required at the state level to address the housing crisis caused by the massive growth in income-insecure and housing-insecure individuals that resulted from the pandemic, as well as the widespread departure of …
Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag
Abolition As The Solution: Redress For Victims Of Excessive Police Force, Alexis Hoag
Faculty Scholarship
No abstract provided.
Police Reform Through A Power Lens, Jocelyn Simonson
Police Reform Through A Power Lens, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
'Act Normal Or Leave': When Law And Culture Collide, Heidi R. Gilchrist
'Act Normal Or Leave': When Law And Culture Collide, Heidi R. Gilchrist
Faculty Scholarship
No abstract provided.
Finding Original Public Meaning, James Macleod
Finding Original Public Meaning, James Macleod
Faculty Scholarship
No abstract provided.