Law Commons^™

Understanding Pleading Doctrine, A. Benjamin Spencer

Michigan Law Review

Where does pleading doctrine, at the federal level, stand today? The Supreme Court's revision of general pleading standards in Bell Atlantic Corp. v. Twombly has not left courts and litigants with a clear or precise understanding of what it takes to state a claim that can survive a motion to dismiss. Claimants are required to show "plausible entitlement to relief' by offering enough facts "to raise a right to relief above the speculative level." Translating those admonitions into predictable and consistent guidelines has proven illusory. This Article proposes a descriptive theory that explains the fundaments of contemporary pleading doctrine in …

Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons

Indiana Journal of Global Legal Studies

International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …

Mental Health And The Law: Where Necessity Is The Mother Of Invention (Patent Pending), William W. Wood

Northern Illinois University Law Review

Mental health professionals, most notably the psychiatrists and other clinicians who work in the State of Illinois Operated Inpatient Psychiatric Treatment Facilities, are often frustrated by an inability to treat individuals who have been admitted to the state hospital. Recent changes to the Illinois Mental Health Code have made admission, but not treatment, easier for persons who have a severe mental illness. As treatment innovations develop, the interface of the legal system with the mental health system becomes increasingly important in balancing the often seemingly disparate and opposing goals of both treating persons with mental illnesses and ensuring that their …

"Simplify You, Classify You": Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin

Georgia State University Law Review

No abstract provided.

Deinstitutionalization: Georgia's Progress In Developing And Implementing An "Effectively Working Plan" As Required By Olmstead V. L.C. Ex Rel, Amy Tidwell

Georgia State University Law Review

No abstract provided.

Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette

San Diego International Law Journal

According to the United Nations High Commission for Refugees (UNHCR), "[n]o region of the world has been left untouched by the statelessness issue." International law defines a stateless person as someone "who is not considered as a national by any state under the operation of its law." Yet across the nations, stateless persons do not desire citizenship simply for the sake of citizenship. Ultimately, citizenship, or membership in a nation, provides a link between an individual and that nation and carries with it fundamental benefits and rights. Correspondingly,lack of citizenship translates into a denial of benefits and rights, including basic …

Symposium: Reflections On Tinker, Tinker Turns 40: Freedom Of Expression At School And Its Meaning For American Democracy - April 16, 2009 - Symposium: Foreword , Mary Beth Tinker

American University Law Review

Mary Beth Tinker recounts her upbringing and her family’s involvement in important issues of their day. Tinker discusses how her family’s commitment to social justice was shaped by her parents religious values, and how this shaped their commitments to civil rights, ultimately leading to their protesting ongoing injustices. In particular, Tinker discusses how she, her siblings, and friends wore black armbands calling for a Christmas Truce in the Vietnam War and how the case that went before the Supreme Court was one of a series of events in her family’s journey for equality.

Movie Review: Vincent Who?, Yeon Me Kim

The Modern American

No abstract provided.

Civil Society And Disability Rights In Post-Soviet Ukraine: Ngos And Prospects For Change, Sarah D. Phillips

Indiana Journal of Global Legal Studies

This article uses an anthropological approach to critically examine the limitations and successes of the contemporary disability rights movement in post-Soviet Ukraine. Case studies of rights legislation and the work of disability advocacy NGOs are detailed to illustrate the paradoxes and problems that imbricate disability rights issues, and the strategies some activists have leveraged to successfully navigate these challenges. The article suggests specific tactics that rights groups in Ukraine might pursue to further enact change in their communities, including pursuing more international partnerships fielding candidates for political office, and launching informational and image campaigns.

Operationalizing Global Governance, Symposium. Indiana University …

Political Oppression In Sub-Saharan Africa, Alayna Hamilton

Human Rights & Human Welfare

Relative to social and economic rights, there is little discourse on the issue of political rights in sub-Saharan Africa (SSA). This fact is attributable to the pressing problems of lack of access to food and healthcare that plague millions of people in the region. However, without the observance of political (and civil) rights, economic development, wealth redistribution, and basic social order may be compromised. Contrary to arguments that insist that economic growth and social stability often require the limitation of political rights, political rights are a necessary requisite for promoting civilian support of governmental policies. Without political rights, equitable policies …

Moving Beyond Divisive Discourse: Latin American Women In Politics, Ursula Miniszewski

Human Rights & Human Welfare

On June 25, 1993 the United Nations General Assembly held the World Conference on Human Rights, which adopted the Declaration and Programme of Action that states, “The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.” On September 18, 2008 The New York Times quoted Senator Cecilia López Montaño …

In The Wake Of Ledbetter V. Goodyear Tire & Rubber Company: Applying The Discovery Rule To Determine The Start Of The Limitations Period For Pay Discrimination Claims, Nancy Zisk

Duke Journal of Gender Law & Policy

"14 These laws include Title VII of the Civil Rights Act of 1964,15 Section 1981 of the Civil War Reconstruction statutes,16 the Age Discrimination in Employment Act of 1967 (ADEA),17 the Equal Pay Act (EPA),18 and the Americans with Disabilities Act of 1990 (ADA).19 While the statutes define different types of discrimination, each addresses discrimination in employment and defines a limitations period in which an employee can bring a claim.20 With Title VII defining the "paradigm," the first step in determining whether a claim is timely under any statute is determining when the discriminatory act takes place.21 To do that, …

The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley

Duke Journal of Gender Law & Policy

Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.

Security Vs. The Law: A False Choice, Walter F. Mondale

William Mitchell Law Review

No abstract provided.

Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman

Maryland Law Review

No abstract provided.

Civil Rights Litigation From The October 2007 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle

Fordham Law Review

No abstract provided.

The Continuing Struggle For Agrarian Reform In Brazil, Sarah Mogab

Human Rights & Human Welfare

Brazil is infamous for its enormously skewed distribution of income, wealth, and land. In a country where 4 percent of landowners own 79 percent of the land, an ongoing movement for land reform continues to be a source of conflict and violence in the countryside (Kay 2001: 755). Extreme poverty is highly concentrated in rural areas. Although rural workers comprise only 18 percent of the total population (Filho 2007), it is estimated that as many as 6 million families are in need of land (Thomas: 9). This struggle for land, in Brazil and elsewhere, is framed by its supporters as …

Not A Failed Experiment: Wilson-Saucier Sequencing And The Articulation Of Constitutional Rights, Paul W. Hughes

University of Colorado Law Review

This Article considers the two-part sequencing doctrine used in evaluating the qualified immunity defense to claims that government officials have violated federal constitutional rights. This doctrine--often called Wilson-Saucier sequencing- directs courts to first consider whether a plaintiff has properly alleged a constitutional violation before considering whether the defendant is entitled to qualified immunity. The Supreme Court established this rule to ensure that constitutional and statutory rights are fully articulated and refined. This Article provides a unique, empirical evaluation of the rationale underlying Wilson-Saucier sequencing. By comparing judicial decisions before and after Wilson-Saucier sequencing, it offers evidence that mandatory sequencing is …