Open Access. Powered by Scholars. Published by Universities.®

Civil Rights and Discrimination Commons™

Open Access. Powered by Scholars. Published by Universities.®

2012

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 405

Full-Text Articles in Civil Rights and Discrimination

New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards Mar 2012

New Amendments To Resolving Special Education Disputes: Any Good Ideas?, Demetra Edwards

Pepperdine Dispute Resolution Law Journal

This article first analyzes the state of affairs under the Individuals with Disabilities Education Act (IDEA), prior to the passage of the Individuals with Disabilities Education Improvement Act of 2004, and the affects that the 1997 reauthorization alternative dispute resolution amendments had on special education law. Next, this article will address the appropriateness of the newly enacted negotiation and settlement methods, specifically the resolution session provision, and the benefits and detriments for resolving special education issues using these processes. This article will further discuss the amendments regarding attorneys' fees, and finally the House's failed proposal for voluntary binding arbitration and …


Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich Mar 2012

Compulsory Pre-Dispute Arbitration Clauses In The Employment Context After Eeoc V. Luce, Forward, Hamilton & Scripps , Maria Wusinich

Pepperdine Dispute Resolution Law Journal

In EEOC v. Luce, Forward, Hamilton & Scripps, decided in 2003, the Ninth Circuit Court of Appeals aligned its view with its sister circuits and with the Supreme Court regarding the enforceability of arbitration agreements in employment discrimination cases. The court held that an employee's agreement to arbitrate a claim arising under federal anti-discrimination law is enforceable. At first glance, it would appear that as far as the judicial branch is concerned, the longstanding issue of the validity of mandatory arbitration agreements in the employment context is now settled. This article, in contrast, posits that the courts will be …


Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau Mar 2012

Available Dispute Resolution Processes Within The Reauthorized Individuals With Disabilities Education Improvement Act (Ideia) Of 2004: Where Do Mediation Principles Fit In? , Andrea F. Blau

Pepperdine Dispute Resolution Law Journal

The Individual Disabilities Education Act of 1997 first offered mediation processes to parents and school systems as an available dispute resolution process. Congress mandated that mediation be made available whenever a due process hearing was filed. The intent was to assist parents and school systems in resolving their differences regarding the educational needs for children with disabilities through increased discussions and collaborative efforts; this would reduce the need for costly and adversarial litigation. Alternative dispute resolution processes have taken an increasingly dominant role within the newly reauthorized IDEIA of 2004, reflecting Congressional promotion of parent and district collaboration for achieving …


A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan Mar 2012

A Post-Pierce Program: Using Idr To Improve The Los Angeles Fire Department's Current Complaint And Disciplinary Procedure , Jacklyn Pawlowski Floryan

Pepperdine Dispute Resolution Law Journal

Having an alternative to litigation is important for employees and employers in all organizations and corporations. One such option is through internal dispute resolution (IDR) mechanisms. IDR mechanisms are alternative processes used instead of litigation to solve a dispute in its early stages. When organizations and corporations do not have an established set of mechanisms in place or the employees are unaware of the procedure, lawsuits result. The Los Angeles Fire Department (LAFD) is one such organization that does not have a strong, established IDR procedure in place. This paper analyzes the LAFD's current complaint and disciplinary procedure and how …


The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly Mar 2012

The Disability History Mystery: Assessing The Employer's Reasonable Accommodation Obligation In "Record Of Disability" Cases, Michael D. Moberly

Pepperdine Law Review

No abstract provided.


Getting Parents Involved In Racially Integrated Schools, Cara Sandberg Mar 2012

Getting Parents Involved In Racially Integrated Schools, Cara Sandberg

Brigham Young University Education and Law Journal

No abstract provided.


Environmental Justice: The Significance Of Race And Class In Determining Areas Of Environmental Pollution, Kaylee Beckman Mar 2012

Environmental Justice: The Significance Of Race And Class In Determining Areas Of Environmental Pollution, Kaylee Beckman

Natural Resources Management and Environmental Sciences

No abstract provided.


Torch (March/April 2012), Brandon Baldwin, Civil Rights Team Project Mar 2012

Torch (March/April 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn Mar 2012

Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn

The University of New Hampshire Law Review

[Excerpt] “In the 1950s and 1960s, the southern states struggled to respond to the civil rights decisions being issued by the U.S. Supreme Court as well as the new civil rights laws being passed by Congress. The judicial battleground for this perfect storm of evasion and massive resistance was found in the “old” Fifth Circuit Court of Appeals, which encompassed the states of Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the “old” Fifth Circuit, a minority of liberal appeals court judges—sympathetic to the civil rights movement—used all legal and administrative power at their disposal to make sure that the …


Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black Mar 2012

Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …


Thy Fiancé Doth Protest Too Much: Third- Party Retaliation Under Title Vii After Thompson V. North American Stainless, Lp, Dodson D. Strawbridge Mar 2012

Thy Fiancé Doth Protest Too Much: Third- Party Retaliation Under Title Vii After Thompson V. North American Stainless, Lp, Dodson D. Strawbridge

Mercer Law Review

"To retaliate against a man by hurting a member of his family is an ancient method of revenge . . . ." In Thompson v. North American Stainless, LP, the United States Supreme Court reversed the United States Court of Appeals for the Sixth Circuit by holding that Title VII of the Civil Rights Act of 1964 (Title VII) confers standing to sue upon an individual who suffers unlawful retaliation, even though that individual did not engage in any statutorily-protected conduct. Prior to Thompson, lower courts disagreed about whether third-party retaliation victims had proper standing to file suit …


Copyright Mar 2012

Copyright

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman Mar 2012

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead Mar 2012

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Mar 2012

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Mar 2012

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Same-Sex Marriage: Strengthening The Legal Shield Or Sharpening The Sword? The Impact Of Legalizing Marriage On Child Custody/Visitation And Child Support For Same-Sex Couples, Jason C. Beekman Mar 2012

Same-Sex Marriage: Strengthening The Legal Shield Or Sharpening The Sword? The Impact Of Legalizing Marriage On Child Custody/Visitation And Child Support For Same-Sex Couples, Jason C. Beekman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland Mar 2012

Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein Mar 2012

The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers Mar 2012

The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle Mar 2012

The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross Mar 2012

Can Social Science Defeat A Legal Fiction? Challenging Unlawful Stops Under The Fourth Amendment, Josephine Ross

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens Mar 2012

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.


The Public Nature Of Indian Reservation Roads, M. Brent Leonard Mar 2012

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.


Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith Mar 2012

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.


Gas Tax Agreements In Indian Country, Jonathan White Mar 2012

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.


Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott Mar 2012

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.


Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele Feb 2012

Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele

Pepperdine Dispute Resolution Law Journal

This paper generally examines the theory and practice of alternative dispute resolution (ADR) and specifically examines the role mediation has played in propelling rights discourse away from the center of efforts to achieve equal employment opportunity in the United States. It further addresses assumptions regarding individual employee goals in the context of a legal environment in which litigating to achieve rights-based remedies is increasingly difficult for grievants.


Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera Feb 2012

Liberalism And The Constitutional Canon: The 1960s And Its Aftermath, Christopher P. Matera

Schmooze 'tickets'

No abstract provided.


The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams Feb 2012

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …