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Articles 1 - 4 of 4

Full-Text Articles in Law

Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez Jun 2021

Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina May 2017

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker Jan 2017

The Homosexual Law And Policy In The Military: "Don't Ask, Don't Tell, Don't Pursue, Don't Harass" . . . Don't Be Absurd!, Debra A. Luker

The Scholar: St. Mary's Law Review on Race and Social Justice

The violent murder of Army Private First Class Barry Winchell, a suspected homosexual, is a gruesome example of how the military does not tolerate homosexuals. The military’s current homosexual policy – referred to as Don’t Ask, Don’t Tell, Don’t Pursue, Don’t Harass – is ineffective. The policy creates an atmosphere of intolerance that leads to discrimination among homosexual service members, and this discrimination often has violent ends. This comment analyzes the ways other countries implement policies for their homosexual service members, and also offers proposals to improve the current homosexual policy in the United States. The author ...


Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr. Jan 2000

Scaling Back The Ada: How The Sutton V. United Airlines Decision Affects Employees With Bipolar Disorder., Kevin Wiley Jr.

The Scholar: St. Mary's Law Review on Race and Social Justice

The Sutton v. United Airlines decision went too far in the Supreme Court’s effort to scale back the protections of the Americans with Disabilities Act (ADA).  Congress should review the Sutton decision and amend the ADA to consider disabilities as they exist without regard to mitigating measures based on the severity of the illness. To seek protection under the ADA, one must have a discernable disability, and one’s impairment must be diagnosed and disclosed to the employer. Disability, however, was not specifically defined in the ADA, and no agency or regulation has specifically defined disability for the courts ...