Law Commons^™

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …

Measuring Merit: The Shultz-Zedeck Research On Law School Admissions, Kristen Holmquist, Marjorie Shultz, Sheldon Zedeck, David Oppenheimer

Marjorie M. Shultz

No abstract provided.

Religious Accommodations And – And Among – Civil Rights: Separation, Toleration, And Accommodation, Richard W. Garnett

Richard W Garnett

This paper expands on a presentation at a recent conference, held at Harvard Law School, on the topic of “Religious Accommodations in the Age of Civil Rights.” In it, I emphasize that the right to religious freedom is a basic civil right, the increased appreciation of which is said to characterize our “age.” Accordingly, I push back against scholars’ and commentators’ increasing tendency to regard and present religious accommodations and exemptions as obstacles to the civil-rights enterprise and ask instead if our religious-accommodation practices are all that they should be. Are accommodations and exemptions being extended prudently but generously, in …

Moral Shock And Legal Education, Susan A. Bandes

Journal of Legal Education

No abstract provided.

Teaching "Ferguson", Chad Flanders

Journal of Legal Education

No abstract provided.

Teaching Movements, Scott L. Cummings

Journal of Legal Education

No abstract provided.

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal of Legal Education

No abstract provided.

The Rebellious Law Professor: Combining Cause And Reflective Lawyering, Harold Mcdougall

Journal of Legal Education

No abstract provided.

Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell

Journal of Legal Education

No abstract provided.

Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar

Journal of Legal Education

No abstract provided.

The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii

Journal of Legal Education

No abstract provided.

Legal Education And The Legitimation Of Racial Power, Gary Peller

Journal of Legal Education

No abstract provided.

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Alabama’S Dmv Closures Reinforce Need To Restore The Voting Rights Act, Lauren Carasik

Media Presence

No abstract provided.

Panel 5: Access To Justice, Janet E. Mosher, Trevor C. W. Farrow, Michael J. Trebilcock, Lorne Sossin

Janet Mosher

PANEL V: ACCESS TO JUSTICE: Moderator: Lorne Sossin, Dean, Osgoode Hall Law School; Speaker: Janet Mosher, Professor, Osgoode Hall Law School, "Access to Justice Amid Threats of Contagion"; Speaker: Trevor Farrow, Professor, Osgoode Hall Law School, "What is Access to Justice?"; Discussant: Michael Trebilcock, Professor, Faculty of Law, University of Toronto.

Accessing Justice Amid Threats Of Contagion, Janet E. Mosher

Janet Mosher

Plans to prepare for a global pandemic have proliferated in recent years, and “legal preparedness” has emerged as a critical component of such plans. Commonly, the threat of disease is analogized to terrorism and recast as an issue of national security. In this framing, laws authorizing surveillance, containment, and forced treatment are understood as necessary. Law’s promise of protection against abuses in the exercise of such powers through procedural rights of review offers meagre comfort for critics concerned that individual liberties will readily yield to national security and public health in the context of an actual pandemic. An alternative framing …

Panel 4: Civil Liberties, Nathalie Desrosiers, Fay Faraday, Sonia Lawrence, James Stribopoulos

Sonia Lawrence

PANEL IV: CIVIL LIBERTIES: Moderator:James Stribopoulos, Professor, Osgoode HallLaw School; Speaker: Nathalie Desrosiers, General Counsel, Canadian Civil Liberties Association & Professor, Faculty of Law, University of Ottawa, "The Advocacy Function in Canada and the Role of Non-Government Organizations"; Speaker: Fay Faraday, McMurtry Clinical Visiting Fellow, Osgoode Hall Law School, "Civil Society and Rights Litigation: Grassroots Nourishing the Charter Tree"; Discussant: Sonia Lawrence, Professor, Osgoode Hall Law School.

The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos

Jamie Cameron

When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.

Ontario Human Rights Code At 50: Still The One?, Faisal Bhabha

Faisal Bhabha

Faisal Bhabha, Assistant Professor at Osgoode Hall Law School, on the relevancy, impact and challenges of Ontario Human Rights Code.

The Seventh Circuit Finds The Fundamental Right To Marry Includes The Right To Choose One's Spouse, Even In Prison, Lauren B. Wright

Seventh Circuit Review

In recent years, the Supreme Court has continuously reiterated the importance of the right to marry, finding it to be a fundamental right protected by the Constitution. Activists across the nation have celebrated the Court's continued protection of this fundamental right as it has expanded the rights of same-sex couples. What has received somewhat less attention is how the Court's right to marry doctrine has affected a different segment of the population—prisoners. In the United States, there are currently 2.2 million people serving time in our nation's prisons or jails. For many of us, prisoners are people we would rather …

Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham

Human Rights Institute

Human rights begin close to home. Local governments have jurisdiction over a range of human rights issues, including those related to housing, education, employment, and criminal justice. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which all communities can flourish. Mayors are particularly well-situated to advance human rights and build a culture of human rights based on dignity, freedom from discrimination, and opportunity.

The Blinding Color Of Race: Elections And Democracy In The Post-Shelby County Era, Sahar F. Aziz

Sahar F. Aziz

No abstract provided.

Seniority Layoffs: The Bitter Fruits Of Victory, Andrea Krill

Akron Law Review

IT IS UNDENIABLE that the inertia of the civil rights laws has speeded the progress of equal employment opportunity. Minorities and women at last have enjoyed some measure of increased job entries and upward mobility. The current recession threatens to reverse this process. Seniority is the ambrosia of the working classes conferring a kind of employment immortality in return for their efforts. Those who have drunk deeply from the cup are secure, for their longer service renders them impervious to the furies of economic change. In many instances, those who have merely whetted their thirst are the more recently hired …

Seniority Layoffs: The Bitter Fruits Of Victory, Andrea Krill

Akron Law Review

IT IS UNDENIABLE that the inertia of the civil rights laws has speeded the progress of equal employment opportunity. Minorities and women at last have enjoyed some measure of increased job entries and upward mobility. The current recession threatens to reverse this process.

Seniority is the ambrosia of the working classes conferring a kind of employment immortality in return for their efforts. Those who have drunk deeply from the cup are secure, for their longer service renders them impervious to the furies of economic change. In many instances, those who have merely whetted their thirst are the more recently hired …

Book Review Of Freedom Has A Face: Race, Identity And Community In Jefferson's Virginia, By Kirt Von Daacke, Alfred L. Brophy

Journal of Legal Education

No abstract provided.

Book Review Of What Wroks For Women At Work: Four Patterns Working Women Need To Know, By Joan C. Williams And Rachel Dempsey, Naomi Cahn, June Carbone

Journal of Legal Education

No abstract provided.

Racial Credit Steering As A Discriminatory Credit Practice Under The Equal Credit Opportunity Act, Warren L. Dennis, Charles G. Field

Akron Law Review

This article will explore the possible application of the Equal Credit Opportunity Act with its multiple remedies and enforcement methods to racial credit steering practices as described above.

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

Rod Smolla

Not available.

Title Vii, Equal Employment Opportunity Commission, Disclosure Policy, Equal Employment Opportunity Commission V. Associated Dry Goods Corp, Kenneth L. Wittenauer

Akron Law Review

Amid judicial turmoil, the EEOC developed procedural guidelines to best effectuate its interpretation of Title VII policies. The Commission's procedural regulations permit the disclosure of the investigative files of the individual and of individuals with similar charges against the same employer even before a lawsuit has been filed. However, the EEOC has been forced to restrict access to its files in those jurisdictions which follow Sears while maintaining a more liberal disclosure policy in the remaining jurisdictions.