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Legal Remedies Commons™

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2015

Discipline
Institution
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Publication
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Articles 61 - 65 of 65

Full-Text Articles in Legal Remedies

Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene Jan 2015

Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Can You Work It? Or Flip It And Reverse It?: Protecting Lgbt Youth From Sexual Orientation Change Efforts, Sanam Assil Jan 2015

Can You Work It? Or Flip It And Reverse It?: Protecting Lgbt Youth From Sexual Orientation Change Efforts, Sanam Assil

Cardozo Journal of Equal Rights & Social Justice

The note advocates for raising the minimum age for Sexual Orientation Change Efforts (SOCE) from eighteen to twenty-one, arguing that individuals under twenty-one lack the emotional maturity to consent to such therapies. It emphasizes the harmful effects of SOCE, supported by findings from psychological organizations, and proposes incremental legislative changes to eventually achieve a nationwide ban on conversion therapy.


Contested Spaces During Transition: Regime Change In Myanmar And Its Implications For Women, Amy Barrow Jan 2015

Contested Spaces During Transition: Regime Change In Myanmar And Its Implications For Women, Amy Barrow

Cardozo Journal of Equal Rights & Social Justice

This article examines recent political and legal developments in Myanmar to promote and protect Buddhism and their implications for women. Myanmar is currently undergoing political regime change. While periods of transition often present an opportunity to contest stereotypical gender roles and discriminatory cultural practices, a rise in Buddhist ethno-nationalism risks undermining women's "spaces" in society. Drawing on qualitative research interviews with members of civil society and other actors in Yangon, this article discusses the accelerated development of laws on the protection of race and religion alongside the parallel development of Myanmar's first law specifically addressing violence against women, to explore …


Modifying Unjust Sentences, E. Lea Johnston Jan 2015

Modifying Unjust Sentences, E. Lea Johnston

Georgia Law Review

Judicial sentence modification offers a means to address the phenomenon of over-incarcerationas well as the harsh prison conditions that threaten unjust punishment. Indeed, some legislatures have framed states' early release provisions as fulfilling goals of proportionality and just punishment. This Article explores whether the tools available to judges at sentence modification hearings are adequate to respond to the unjust punishment experienced by prisoners. In examining this question, the Article focuses on one population particularly likely to experience disproportionate or inhumane punishment: inmates with serious mental disorders. A deep literature suggests that individuals with serious mental illnesses are especially likely to …


Individualized Injunctions And No-Modification Terms: Challenging "Anti-Reform" Provisions In Arbitration Clauses, Myriam E. Gilles Jan 2015

Individualized Injunctions And No-Modification Terms: Challenging "Anti-Reform" Provisions In Arbitration Clauses, Myriam E. Gilles

Articles

The Supreme Court’s recent decisions in AT&T Mobility v. Concepcion and American Express v. Italian Colors have considered only whether class actions for monetary damages may be barred by arbitration clauses requiring individual adjudication. The Justices have not examined the enforceability of arbitration clauses or arbitral rules which explicitly prohibit claimants from seeking or arbitrators from granting broad injunctive relief in an individual dispute. I term these "anti-reform" provisions because they broadly prohibit an individual arbitral claimant from seeking to end a practice, change a rule, or enjoin an act that causes injury to itself and to similarly-situated non-parties. This …