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American University Washington College of Law

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Articles 91 - 120 of 418

Full-Text Articles in Civil Rights and Discrimination

A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez Jan 2019

A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman Jan 2019

Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


President Trump's Crusade Against The Transgender Community, Brendan Williams Jan 2019

President Trump's Crusade Against The Transgender Community, Brendan Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Federal Death Penalty, Trumpism, And Civil Rights Enforcement, Richard Broughton Jan 2018

The Federal Death Penalty, Trumpism, And Civil Rights Enforcement, Richard Broughton

American University Law Review

No abstract provided.


Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce Jan 2018

Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce

The Modern American

No abstract provided.


To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock Jan 2018

To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock

American University Business Law Review

No abstract provided.


Adea Disparate-Impact Claims: How The Third Circuit Age-Proofed Comparators, Stephanie Vilella Jan 2018

Adea Disparate-Impact Claims: How The Third Circuit Age-Proofed Comparators, Stephanie Vilella

American University Business Law Review

No abstract provided.


Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan Jan 2018

Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan

American University Law Review

No abstract provided.


The Reasonable Black Child: Race, Adolescence, And The Fourth Amendment, Kristin N. Henning Jan 2018

The Reasonable Black Child: Race, Adolescence, And The Fourth Amendment, Kristin N. Henning

American University Law Review

No abstract provided.


The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams Jan 2018

The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams

American University Law Review

No abstract provided.


The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx Jan 2018

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.


Illuminating Black Data Policing, Andrew Ferguson Jan 2018

Illuminating Black Data Policing, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

The future of policing will be driven by data. Crime, criminals, and patterns of criminal activity will be reduced to data to be studied, crunched, and predicted. The benefits of big data policing involve smarter policing, faster investigation, predictive deterrence, and the ability to visualize crime problems in new ways. Not surprisingly then, police administrators have been seeking out new partnerships with sophisticated private data companies and experimenting with new surveillance technologies. This potential future, however, has a very present limitation. It is a limitation largely ignored by adopting jurisdictions and could, if left unaddressed, delegitimize the adoption and use …


The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran Jan 2018

The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …


The Ongoing Challenge To Define Free Speech, Stephen Wermiel Jan 2018

The Ongoing Challenge To Define Free Speech, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke Jan 2018

Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Treatment Of Domestic Terrorism Cases: Class And Mental Health In The Criminal System, Yolanda C. Rondon Jan 2018

Treatment Of Domestic Terrorism Cases: Class And Mental Health In The Criminal System, Yolanda C. Rondon

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild Jan 2017

Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild

American University Law Review

No abstract provided.


Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles Jan 2017

Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles

The Modern American

No abstract provided.


Blog: Reducing Racial Bias In Capital Jury Selection By Eliminating Peremptory Challences, Kaitlin Bigger Jan 2017

Blog: Reducing Racial Bias In Capital Jury Selection By Eliminating Peremptory Challences, Kaitlin Bigger

The Modern American

No abstract provided.


Blog: The Administrative Remedy Exhaustion Requirement Under The Prison Litigation Reform Act Of 1996 And Its Current Impact On Prisoners' Rights, Cara Mazor Jan 2017

Blog: The Administrative Remedy Exhaustion Requirement Under The Prison Litigation Reform Act Of 1996 And Its Current Impact On Prisoners' Rights, Cara Mazor

The Modern American

No abstract provided.


The Perils And Possibilities Of Refugee Federalism, Burch Elias Jan 2017

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.


Obama's Conversion On Same-Sex Marriage, Robert Tsai Jan 2017

Obama's Conversion On Same-Sex Marriage, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay explores how presidents who wish to seize a leadership role over the development of rights must tend to the social foundations of those rights. Broad cultural changes alone do not guarantee success, nor do they dictate the substance of constitutional ideas. Rather, presidential aides must actively re-characterize the social conditions in which rights are made, disseminated, and enforced. An administration must articulate a strategically plausible theory of a particular right, ensure there is cultural and institutional support for that right, and work to minimize blowback. Executive branch officials must seek to transform and popularize legal concepts while working …


Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea Jan 2017

Ending Disparities And Achieving Justice For Individuals With Mental Disabilities, Robert K. Goldman, Sheila Shea

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Analyzing Social Impairments Under Title I Of The Americans With Disabilities Act, Susan Carle Jan 2017

Analyzing Social Impairments Under Title I Of The Americans With Disabilities Act, Susan Carle

Scholarly Articles in Law Reviews & Journals

This Article starts from the important contributions of the neurodiversity movement, which emphasizes the benefits of an expanded view of protecting human difference. These differences include variations in brain structure, behavior, and social functioning. Social impairments are a potential feature of many disabilities covered under the employment antidiscrimination provisions of Title I of the Americans with Disabilities Act ("ADA"), but the legal literature has not yet focused on the analytic issues social impairments present. This Article analyzes how the ADA's employment protections should apply in the social impairments context. Congress's enactment of the Americans with Disabilities Act Amendments ("ADAAA") in …


Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr. Jan 2017

Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson Jan 2017

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Can The Government Deport Immigrants Using Information It Encouraged Them To Provide?, Amanda Frost Jan 2017

Can The Government Deport Immigrants Using Information It Encouraged Them To Provide?, Amanda Frost

Scholarly Articles in Law Reviews & Journals

This Essay describes the legal and policy issues raised by any systematic effort to deport unauthorized immigrants based on information the government invited them to provide. Part I briefly surveys some of the major laws, regulations, and programs that encourage unauthorized immigrants to identify themselves. Part II analyzes the strengths and weaknesses of the statutory and constitutional arguments that immigrants could raise as a defense against deportations based on self-reported data. Part III explains that even if the government’s systematic use of such data to deport unauthorized immigrants is legal, doing so would be a poor policy choice for any …


If You've Seen One, You Have Not Seen Them All, David Spratt Jan 2017

If You've Seen One, You Have Not Seen Them All, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks Jan 2017

"Lifting As We Climb": The American Council On Human Rights And The Quest For Civil Rights, Gregory S. Parks

American University Journal of Gender, Social Policy & the Law

The narrative of African Americans’ quest for racial equality and social justice in the Twentieth Century is typically construed in the context of main-line civil rights organizations—e.g., NAACP, SCLC, SNCC, and the like. However, for decades, black fraternal networks had been helping to lay the groundwork for the major civil rights campaigns that culminated in the Civil Rights Act of 1964. In 1938 Alpha Kappa Alpha Sorority, Incorporated created the National Non-Partisan Lobby on Civil and Democratic Rights (“NPC”), later renamed the National Non-Partisan Council on Public Affairs. It was the first full-time congressional lobby for minority group civil rights. …


The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler Jan 2017

The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler

American University Journal of Gender, Social Policy & the Law

No abstract provided.