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Articles 5221 - 5250 of 14884

Full-Text Articles in Civil Rights and Discrimination

Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis Jan 2017

Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis

Faculty Scholarship

As a matter of civil rights, Title IX mandates that federally funded educational institutions address reports of sexual assault. Often disciplined-student plaintiffs argue unsuccessfully that the college or university’s decision to discipline them is tainted by “reverse” sex discrimination. This Article examines the recent spate of disciplined-student cases in an effort to harmonize Title IX compliance with the procedural rights of students accused of sexual assault. It provides a historical context for Title IX’s application to sexual assault on campuses and the requirements the law imposes on the educational institutions. Next, it describes the role Title IX plays in disciplined-student …


The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges Jan 2017

The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges

Faculty Scholarship

This Article is a critique of class-based affirmative action. It begins by observing that many professed politically conservative individuals have championed class-based affirmative action. However, it observes that political conservatism is not typically identified as an ideology that generally approves of improving the poor’s well-being through the means that class-based affirmative action employs — that is, through redistributing wealth by taking wealth from a wealthy individual and giving it directly to a poor person. This is precisely what class-based affirmative action does: it takes a seat in an incoming class (a species of wealth) from a wealthy individual and gives …


Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias Jan 2017

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias

Journal of Law and Policy

Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …


Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader Jan 2017

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

Law Student Publications

Grade-school and college playing fields have long been segregated on the basis of sex. For decades, male and female students were afforded the opportunity to participate in interscholastic athletic competitions on teams determined by their biological gender. Recently, “an increasing number of high school- and college-aged [students are publicly] identifying as transgender (or trans), meaning that their internal sense of their gender identity is different from the gender they were assigned at birth.” The emergence of openly transgender students in grade schools and colleges, in general, has resulted in vastly disparate rules promulgated by school districts to address how transgender …


Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey Jan 2017

Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey

Law Student Publications

Section 1557 of the Affordable Care Act provides that entities covered by the Act which receive federal funds are prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. But since the provision’s enactment and the U.S. Department of Health and Human Services’ promulgation of a regulation creating a private right of action for alleged discrimination under the Act, courts have disagreed on whether a private right of action exists to enforce Section 1557. This Comment summarizes the courts’ confusion in applying the holding of Alexander v. Sandoval and Chevron deference to the nondiscrimination provision …


Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein Jan 2017

Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein

Law Student Publications

This paper analyzes the way variations in charter-enabling legislation may exacerbate segregation and how federal and state reforms could better utilize the charter system to further integration. Part I discusses the history of school choice and the social science underlying its potential as a vehicle for integration as well as further segregation. Part II reviews research on charter school demographics and the effectiveness of relevant civil rights statutes. Part III analyzes themes in local charter legislation that can influence charter school segregation by limiting accessibility for low income families and students with disabilities. Finally, Part IV offers recommendations for policy …


Rehabilitate, Don't Recidivate: A Reframing Of The Ban The Box Debate, Jacqueline G. Kelley Jan 2017

Rehabilitate, Don't Recidivate: A Reframing Of The Ban The Box Debate, Jacqueline G. Kelley

Roger Williams University Law Review

No abstract provided.


Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law Jan 2017

Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2017

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish Jan 2017

Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish

Public Interest Law Reporter

No abstract provided.


Reproductive Healthcare Under A New Administration, Alexandra Lehr Jan 2017

Reproductive Healthcare Under A New Administration, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.


Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska Jan 2017

Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.


"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl Jan 2017

"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.


Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan Jan 2017

Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan

Public Interest Law Reporter

No abstract provided.


The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic Jan 2017

The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part two of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau ("CFPB") have solved predatory lending and ended the possibility of another subprime debacle. Part one covered how predatory lending harmed minority, low-income, and immigrant communities, and was a main cause of the 2008 economic collapse. Part two will show how the CFPB was built to stop and prevent predatory lending and another subprime debacle. The enactment and implementation of Dodd-Frank and the CFPB have improved the mortgage market. However, politicians and lawmakers, notably President Donald Trump …


Table Of Contents, Public Interest Law Reporter Jan 2017

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin Jan 2017

Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin

Public Interest Law Reporter

No abstract provided.


Universal Basic Income: The New Safety Net?, Joseph Camper Jan 2017

Universal Basic Income: The New Safety Net?, Joseph Camper

Public Interest Law Reporter

No abstract provided.


Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas Jan 2017

Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.


New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka Jan 2017

New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka

Public Interest Law Reporter

No abstract provided.


How Can Big Data Impact Affordable Housing?., Kara Simon Jan 2017

How Can Big Data Impact Affordable Housing?., Kara Simon

Public Interest Law Reporter

No abstract provided.


The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek Jan 2017

The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek

Public Interest Law Reporter

The Post-9/11 Veterans' Educational Assistance Act of 2008 ("Post-9/11 GI Bill") went into-effect in 2009. Since 2013, about 800,000 service men and women have taken advantage of their Post-9/11 GI Bill benefits, and 80% of GI Bill spending is attributed to the Post-9/11 GI Bill. Though educational benefits are provided, at varying rates to veterans who served after September 10, 2001, about 26% of veterans aged 25 or older have a bachelor's degree compared to 28% of the total population. There are several factors that contribute to veteran's attainability of a degree including adjusting to life outside of the military …


Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman Jan 2017

Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman

Public Interest Law Reporter

No abstract provided.


Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez Jan 2017

Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez

Public Interest Law Reporter

No abstract provided.


The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago Jan 2017

The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago

Public Interest Law Reporter

No abstract provided.


The Economic Impact Of Immigration On The American Workforce, Michelle Tinajero Jan 2017

The Economic Impact Of Immigration On The American Workforce, Michelle Tinajero

Public Interest Law Reporter

No abstract provided.


Immigration In The Trump Era: Can American Tourism Survive Without Immigrants?, Mercades White Jan 2017

Immigration In The Trump Era: Can American Tourism Survive Without Immigrants?, Mercades White

Public Interest Law Reporter

No abstract provided.


Time For A Change: 20 Years After The "Working Group" Principles, Barbara Cox Jan 2017

Time For A Change: 20 Years After The "Working Group" Principles, Barbara Cox

Faculty Scholarship

This article discusses three aspects of the Association of American Law Schools (AALS) Section on Sexual Orientation and Gender Identity’s history. First, it reviews the section’s activities at the 1992 AALS Annual Meeting. Second, it discusses how the AALS implemented its Bylaw and Executive Committee Regulations that prohibit discrimination on the basis of sexual orientation (and now gender identity after a recent revision). Finally, it encourages the AALS to discontinue use of some of the guidelines adopted in the early 1990s to guide its interactions with religiously affiliated law schools when conflicts arise concerning allegations of sexual orientation or gender …


Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes Jan 2017

Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes

Journal Publications

No abstract provided.


The Persistent Challenge Of Gender And Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia Jan 2017

The Persistent Challenge Of Gender And Law: Views From One Law School's Student Body, Reynaldo Anaya Valencia

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

Abstract Forthcoming