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Articles 1 - 12 of 12
Full-Text Articles in Law
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
The Pariah Principle, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.
I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore
I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore
Sean Seymore
No abstract provided.
I Could Have Been A Contender: Summary Jury Trial As A Means To Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation And Early, Consensual Dispute Resolution, Nancy A. Welsh
Nancy Welsh
With its recent decisions in Ashcroft v. Iqbal and Bell Atlantic v. Twombly, the Supreme Court may be intentionally or unintentionally “throwing the fight,” at least in the legal contests between many civil rights claimants and institutional defendants. The most obvious feared effect is reduction of civil rights claimants’ access to the expressive and coercive power of the courts. Less obviously, the Supreme Court may be effectively undermining institutions’ motivation to negotiate, mediate - or even communicate with and listen to - such claimants before they initiate legal action. Thus, the Supreme Court’s recent decisions have the potential to deprive …
Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol
Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol
Neil L Sobol
Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ’s concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining in …
Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol
Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol
Neil L Sobol
On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Neil L Sobol
Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.
Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Tim Iglesias
Torgerson's Twilight: The Antidiscrimination Jurisprudence Of Judge Diana E. Murphy, David Schraub
Torgerson's Twilight: The Antidiscrimination Jurisprudence Of Judge Diana E. Murphy, David Schraub
David Schraub
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Business Methods, Technology, And Discrimination, Daniel Harris Brean
Daniel Harris Brean
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Holning Lau
From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau
From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau
Holning Lau