Law Commons^™

The Most Important Law You’Ve Never Heard Of: Section 1981 And Its Potential Social Justice Issues, Isaac Hampton Verhelst

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Quieting The Court: Lessons From The Muslim-Ban Case, Avidan Cover

Faculty Publications

The Supreme Court’s Muslim-ban decision in Trump v. Hawaii and the confirmation of Brett Kavanaugh to the Supreme Court call into question the civil rights litigation enterprise insofar as it challenges U.S. government’s national security and immigration policies. Litigants and advocacy organizations should employ an array of strategies and tactics to avoid the Court’s rulings that almost uniformly defer to, and thus validate, the government’s national security and immigration practices.

This article maintains that The Muslim-Ban Case was a predictable outgrowth of the Supreme Court’s national security-immigration jurisprudence that champions executive power at the expense of marginalized groups, in particular …

Secret Jurisdiction, Cassandra Burke Robertson, Irina D. Manta

Faculty Publications

So-called “confidentiality creep” after the events of 9/11 has given rise to travel restrictions that lack constitutionality and do nothing to improve airline security. The executive branch’s procedures for imposing such restrictions rely on several layers of secrecy: a secret standard for inclusion on the no-fly list, secret procedures for nominating individuals to the list, and secret evidence to support that decision. This combination results in an overall system we call “secret jurisdiction,” in which individuals wanting to challenge their inclusion on the list are unable to learn the specific evidence against them, the substantive standard for their inclusion on …

Litigation, Integration, And Transformation: Using Medicaid To Address Racial Inequities In Health Care, Ruqaiijah Yearby

Faculty Publications

Using a public health policy perspective, this article examines the persistence of racial inequities in nursing homes and prescribes a solution to address these inequities. I use empirical data to prove the persistence of racial inequities in health care, analyze the government policies that allow racial inequities to continue, and provide a solution of regulatory integration. Specifically, I propose that civil rights enforcement be integrated with the nursing home enforcement system, which has been aggressively enforced and monitored. There are many strategies that may lead to the adoption of this system. One such strategy is using the Medicaid Act to …

Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful, Theodore J. St. Antoine

Case Western Reserve Law Review

No abstract provided.

Pragmatic Idealism And The Scholarship Of Mel Durchslag, William P. Marshall

Case Western Reserve Law Review

No abstract provided.

The Empire Forgotten: The Application Of The Bill Of Rights To U.S. Territories, Alan Tauber

Case Western Reserve Law Review

No abstract provided.

Is There A Place For Race As A Legal Concept, Sharona Hoffman

Faculty Publications

What does "race" mean? The word "race" is omnipresent in American social, political, and legal discourse. The concept of "race" is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences reveals that the concept of "race" is elusive and has no reliable definition.

This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery, segregation, the Holocaust, and other human tragedies, the idea of "race" can perpetuate prejudices and misconceptions and serve as …

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Case Western Reserve Journal of International Law

No abstract provided.

The Civil Rights Act Of 1991: A "Quota Bill", A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above ?, Kingsley R. Browne

Case Western Reserve Law Review

No abstract provided.

Domestic Violence Victims V. Municipalities: Who Pays When The Police Will Not Respond, Lauren L. Mcfarlane

Case Western Reserve Law Review

No abstract provided.

Ncaa V. Tarkanian: A Delegation Of Unfettered Discretion, Richard A. Di Lisi

Case Western Reserve Law Review

No abstract provided.

Zinermon V. Burch: The Court Down A Parratt, Michael A. Pavlick

Case Western Reserve Law Review

No abstract provided.

Parens Patriae Suits By A State Under 42 U.S.C. 1983, Jeffrey Baddeley

Case Western Reserve Law Review

No abstract provided.

Amending Section 2 Of The Voting Rights Act Of 1965, Charles S. Konigsberg

Case Western Reserve Law Review

No abstract provided.

"Vicarious Immunity" Of Private Persons In Section 1983 Actions: "An Unexamined Assumption", John L. Resor

Case Western Reserve Law Review

No abstract provided.

United States Magistrates: Additional Duties In Civil Proceedings, Sander M. Bieber

Case Western Reserve Law Review

No abstract provided.

Constitutional Law--Civil Right Demonstrations--Trespass Statutes, Robert B. Meany

Case Western Reserve Law Review

No abstract provided.

Public Accommodations: A Justification Of Title Ii Of The Civil Rights Act Of 1964, Harry T. Quick

Case Western Reserve Law Review

No abstract provided.

Civil Disobedience In The Civil Rights Movement: To What Extent Protected And Sanctioned, Edward F. Marek

Case Western Reserve Law Review

No abstract provided.

Symposium: Civil Literties - Preface, Max Lerner

Case Western Reserve Law Review

No abstract provided.

The Right To Counsel--Time For Recognition Under The Due Process Clause, Felix Rackow

Case Western Reserve Law Review

No abstract provided.