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Articles 6451 - 6480 of 14884

Full-Text Articles in Civil Rights and Discrimination

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager Jan 2015

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.


Faithful Translations?: Cross-Cultural Communication In Canadian Religious Freedom Litigation, Howard Kislowicz Jan 2015

Faithful Translations?: Cross-Cultural Communication In Canadian Religious Freedom Litigation, Howard Kislowicz

Osgoode Hall Law Journal

In three religious freedom cases pursued to the Supreme Court of Canada—Amselem, Multani, and Huterrian Brethren of Wilson Colony—religious freedom claimants engaged in litigation over a religious practice particular to their group. Some have argued that cases like these can be seen as cross-cultural encounters. How did the religious freedom claimants seek to make their practices—the succah, the kirpan, and the prohibition on being photographed—understood to the courts? And how did the courts respond to these claims? In this article, I draw out two central values from the literature on crosscultural communication: respect and self-awareness. I then use these values …


Losing Relevance: Quebec And The Constitutional Politics Of Language, Emmanuelle Richez Jan 2015

Losing Relevance: Quebec And The Constitutional Politics Of Language, Emmanuelle Richez

Osgoode Hall Law Journal

This article asks whether Quebec has lost relevance in the constitutional politics of language. It proposes a doctrinal analysis of the Supreme Court’s Charter jurisprudence, with an emphasis on the most recent body of case law, and an assessment of its political consequences in the area of language policy in Quebec. The article argues that constitutional review has increasingly protected individual rights over Quebec’s collective right to maintain its language and culture. This can be explained by the move towards an implacable parallel constitutionalism and a redefinition of official minority linguistic rights in the jurisprudence, as well as by the …


Uncovering Women In Taxation: The Gender Impact Of Detaxation, Tax Expenditures, And Joint Tax/Benefit Units, Kathleen A. Lahey Jan 2015

Uncovering Women In Taxation: The Gender Impact Of Detaxation, Tax Expenditures, And Joint Tax/Benefit Units, Kathleen A. Lahey

Osgoode Hall Law Journal

Women have made great progress in gaining individual civil and political rights since the 1800s. However, for nearly a century, the use of couple-based tax and benefit provisions has increased steadily, enshrouding women in new and extensive forms of fiscal coverture that run counter to democratic ideals of economic equality. While the pros and cons of joint taxation have been well-rehearsed, the reality is that between unequal distributions of new and old varieties of tax and benefit items to women and men and the continued expansion of joint tax and benefit items in recent decades, Canada’s tax and transfer system …


Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano Jan 2015

Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano

Osgoode Hall Law Journal

This article presents a novel theory of the concept of substantive equality under section 15(1) of the Canadian Charter of Rights and Freedoms called Substantive Equality as Equal Recognition. This contribution is timely in light of the Supreme Court of Canada’s recent disagreement over the proper jurisprudential approach to interpreting section 15(1) in the 2013 case of Quebec v A. Substantive Equality as Equal Recognition holds that the purpose of section 15(1) is to ensure that the law’s application does not reflect, through its impact or effects, hierarchies of status that exist between citizens within Canadian society. The article argues …


Table Of Contents, Public Interest Law Reporter Jan 2015

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda Jan 2015

The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda

Public Interest Law Reporter

No abstract provided.


"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan Jan 2015

"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan

Public Interest Law Reporter

No abstract provided.


Does America Care About Mental Health Care?, Zainab Mehkeri Jan 2015

Does America Care About Mental Health Care?, Zainab Mehkeri

Public Interest Law Reporter

No abstract provided.


Coop Businesses: Ownership For The Disowned, Tyler Gurss Jan 2015

Coop Businesses: Ownership For The Disowned, Tyler Gurss

Public Interest Law Reporter

No abstract provided.


Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs Jan 2015

Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs

Public Interest Law Reporter

No abstract provided.


The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford Jan 2015

The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2015

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Lawyers Represent Clients ... Or Do They?, Alan Mills Jan 2015

Lawyers Represent Clients ... Or Do They?, Alan Mills

Public Interest Law Reporter

In most cases, lawyers file cases on behalf of clients. However, lawyers do not-get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and .. . Shall consult with the client as to the means by which they are to be pursued. But what happens in a class action lawsuit? Once a class is certified, lawyers represent both named plaintiffs and every member of the class. What happens when there is a conflict between …


Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia Jan 2015

Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia

Public Interest Law Reporter

From the injunction on the President's Executive Action to expand the current immigration policies to the current language presidential candidates have used when speaking about immigration reform, immigrants have more than enough reasons to feel uneasy about their future in this country. All is not bad, however, especially for undocumented students. Cities like Chicago, a city of immigrants, are making great strides to create welcoming and supportive communities for immigrants. Compared to other U.S. cities, Chicago is very immigrant-friendly, with people working across the city to provide support for undocumented students and ensure that they have access to higher education. …


Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon Jan 2015

Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon

Public Interest Law Reporter

No abstract provided.


Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez Jan 2015

Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.


State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang Jan 2015

State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang

Public Interest Law Reporter

No abstract provided.


Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy Jan 2015

Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy

Public Interest Law Reporter

No abstract provided.


Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond Jan 2015

Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond

Public Interest Law Reporter

No abstract provided.


Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver Jan 2015

Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver

Public Interest Law Reporter

No abstract provided.


Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos Jan 2015

Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos

Public Interest Law Reporter

No abstract provided.


How Chicago Is Criminalizing Homelessness, Anthony Wadas Jan 2015

How Chicago Is Criminalizing Homelessness, Anthony Wadas

Public Interest Law Reporter

Chicago passed an ordinance banning "aggressive panhandling," and the definition is rather broad, providing no clear definition of what constitutes "aggressive." The ordinance outright bans panhandling in certain locations, such as within ten feet of any CTA bus stop, "L" entrance, ATMs, or certain businesses including currency exchanges, banks, and outdoor cafes. Additionally, individuals are prohibited from soliciting people in vehicles for donations. Further, it prohibits soliciting in a manner that a reasonable person would find intimidating. Faced with these efforts to criminalize the homeless condition, individuals living on the streets face additional struggles when trying to escape poverty. People …


Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar Jan 2015

Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar

Public Interest Law Reporter

Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it "legal robbery," while law enforcement sees it as a tool to fight crime and supplement their budget. This article will examine civil asset forfeiture and its proceeds, emerging efforts for reform, and recent data and case law on civil asset forfeiture in Chicago.


Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill Jan 2015

Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill

Public Interest Law Reporter

No abstract provided.


The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall Jan 2015

The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall

Public Interest Law Reporter

The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and government. Fortunately for some members of the city, the struggle for the basic needs of housing, education and quality of life has not ended. Instead, a public awakening has begun to ignite city members to work in unison to change the current condition.


"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt Jan 2015

"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt

Journal Publications

This polemical essay was written at the behest of Black men and youth, and it is dedicated to African American women who relentlessly fight to safeguard the rights and well-being of Black men, even when in the process their maltreatment and welfare are grossly overlooked and forgotten. Bree Newsome's courageous and necessary removal of the confederate flag in the South Carolina State House is a prime example of such fearless activism. Joanne Deborah Chesimard aka Assata Shakur's-a former leader of the revolutionary organization known as the Black Liberation Armyascendency to the FBI's Most Wanted Terrorist list is another tragically intoxicating …


The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith Jan 2015

The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith

Journal Publications

Discrimination in its various forms has contributed to the exclusion of blacks and other people of color from the field of medicine both as health care providers and as patients in the United States. Dr. Robinson's story is but one example. Racism has significantly harmed the health care of black people in the U.S. Generally speaking, those with the poorest health and the greatest need have had the poorest access to medical care, as well as lower quality health care than their white counterparts. To understand this, we must consider the historical context of blacks in America and in America's …


Cyberharassment And Workplace Law, Helen Norton Jan 2015

Cyberharassment And Workplace Law, Helen Norton

Publications

No abstract provided.


Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer Jan 2015

Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Publications

Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …