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Full-Text Articles in Elder Law

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena Oct 2025

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …


Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay Jul 2025

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …


Constitutional Futurism As Pedagogy, Jeremiah Chin Jul 2025

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …


Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022 Jan 2021

Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022

Marquette Benefits and Social Welfare Law Review

This Note argues that Title VII should apply to uniformed military members following the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Foremost, the current intra‑military remedies uniformed military members may bring a discrimination claim pursuant fail to effectively combat discrimination in the United States military due to several critical deficiencies. This Note demonstrates that the defects within the current intra‑military remedies tacitly permit, rather than discourage, discriminatory conduct.

This Note then examines why the military has historically resisted civilian reform measures to the military justice system. During this examination, this Note argues that …


An Intersectional Approach To Homelessness: Discrimination And Criminalization Oct 2017

An Intersectional Approach To Homelessness: Discrimination And Criminalization

Marquette Benefits and Social Welfare Law Review

The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …


Intersectional Complications Of Healthism Mar 2017

Intersectional Complications Of Healthism

Marquette Benefits and Social Welfare Law Review

None


Tobacco Denormalization, Anti-Healthism, And Health Justice Mar 2017

Tobacco Denormalization, Anti-Healthism, And Health Justice

Marquette Benefits and Social Welfare Law Review

None


The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson Oct 2012

The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson

Marquette Elder's Advisor

No abstract provided.


The Adea, Your Partner, And You Aug 2012

The Adea, Your Partner, And You

Marquette Elder's Advisor

The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.


Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton Aug 2012

Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton

Marquette Elder's Advisor

The Fair Housing Amendments Act prohibits discrimination in housing advertisements. This article suggests some strategies to avoid potential violations of the FHAA. The article concludes that it is relatively easy to comply with the FHAA, and it suggests internal procedures to reduce the risk of an advertising discrimination claim.


Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt Aug 2012

Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt

Marquette Elder's Advisor

This article examines the effects on the judicial system of entrenched stereotypes of the elderly. These stereotypes may be working to drive discriminatory laws, policies, and practices that serve to disenfranchise them of their right to participate in the judicial system by serving as jurors. The article also discusses the implications of this discrimination on the judicial system.


A Quick Survey Of The Americans With Disabilities Act Aug 2012

A Quick Survey Of The Americans With Disabilities Act

Marquette Elder's Advisor

The Americans with Disabilities Act provides a wide range or protections from discrimination for elders who have physical and mental disabilities. The following article, the first of a series, provides an overview of the structure and principles of the ADA, concentrating on the protections provided for senior citizens seeking to remain on the job.


Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman Jan 2010

Show Me The Money The Applicability Of Contract Laws Ratification And Tenderback Doctrines To Title Vii Releases, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


General Dynamics Land Systems, Inc. V. Cline: Shrinking The Realm Of Possibility For Reverse Age Discrimination Suits, Rebecca L. Ennis Jan 2005

General Dynamics Land Systems, Inc. V. Cline: Shrinking The Realm Of Possibility For Reverse Age Discrimination Suits, Rebecca L. Ennis

University of Richmond Law Review

No abstract provided.


For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen Oct 2004

For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen

Law Faculty Scholarly Articles

America's population is growing older. According to the 2000 census, more than 35 million people in the United States (12% of the total population) are over 65 years old. These figures are expected to grow dramatically in the early decades of the twenty-first century as the "Baby Boom" generation reaches retirement age and as improvements in health care make it possible for more people to live to an advanced age.

Providing housing for this segment of the American population is already a massive industry and one that will certainly grow as the number of, older persons increases. One of the …


The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1976

The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.