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Police Executive Opinions Of Legal Regulation, Roger Michalski, Stephen Rushin 2018 University of Oklahoma College of Law

Police Executive Opinions Of Legal Regulation, Roger Michalski, Stephen Rushin

Faculty Articles

By conducting a national survey, this Article empirically assesses how American police leaders perceive external legal regulation. At various times, policymakers have decried external police regulations as too expensive, too complicated, or too difficult to apply to different factual scenarios. Critics have also alleged that police regulations change too frequently, inadequately consider input from the law enforcement community, and unduly risk the safety of officers or the broader community. These complaints underscore an uncomfortable, but unavoidable reality: efforts to regulate police behavior often require policymakers to make compromises. A rule that promotes one goal may necessarily compromise another important goal. …


Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin D. Brown 2018 Indiana University Maurer School of Law

Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


One Not Like The Other: An Examination Of The Use Of The Affirmative Action Analogy In Reasonable Accommodation Cases Under The Americans With Disabilities Act, Jamelia Morgan 2018 University of Connecticut

One Not Like The Other: An Examination Of The Use Of The Affirmative Action Analogy In Reasonable Accommodation Cases Under The Americans With Disabilities Act, Jamelia Morgan

Faculty Articles and Papers

This Article discusses the debate within the courts regarding the employer's affirmative obligations under the ADA's reasonable accommodation clause by focusing on the use of the affirmative action analogy. The purpose of this Article is to examine the evolution of the affirmative-action analogy in reasonable-accommodation case law over time and to decipher its meaning and relevance. At the onset, it is important to establish a few definitions and assumptions. First, the affirmative-action analogy refers to cases where courts liken or compare the plaintiff's reasonable-accommodation request to affirmative action. Specifically, the Article examines cases where the term "affirmative action" explicitly appears …


"A Few Bad Apples": How The Narrative Of Isolated Misconduct Distorts Civil Rights Doctrine, Chiraag Bains 2018 Demos

"A Few Bad Apples": How The Narrative Of Isolated Misconduct Distorts Civil Rights Doctrine, Chiraag Bains

Indiana Law Journal

In Parts I and II, I examine precedents involving the two broad topics with which this Essay began: policing and race, respectively. The narrative is perhaps more familiar in the policing context. Attorney General Jeff Sessions articulated it succinctly in a March 2017 memo ordering the reevaluation of all consent decrees the Justice Department had entered with police departments because “[t]he misdeeds of individual bad actors should not impugn or undermine the legitimate and honorable work that law enforcement officers and agencies perform in keeping American communities safe.”4 The narrative applies with respect to race, as well, although it comes …


Is It Just Dessert? Female Recruits Don't Get Their Fair Share Of The Pie: The Marine Corps Fights Gender Integration Of Basic Training, Violating Equal Protection Standards And Cultivating A Culture Where Female Recruits Are Left Out Of The "Brotherhood", Maria Brekke 2018 University of Minnesota Law School

Is It Just Dessert? Female Recruits Don't Get Their Fair Share Of The Pie: The Marine Corps Fights Gender Integration Of Basic Training, Violating Equal Protection Standards And Cultivating A Culture Where Female Recruits Are Left Out Of The "Brotherhood", Maria Brekke

Minnesota Journal of Law & Inequality

No abstract provided.


School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert 2018 Mitchell Hamline School of Law

School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert

Faculty Scholarship

More than ten years have passed since the United States Supreme Court last addressed school desegregation. In its abbreviated tenure in the decades following Brown v. Board of Education, school desegregation was successful in many respects. Longstanding policies of state-sponsored educational apartheid eventually ended. A great many school buildings became more diverse. Countless students of color gained access to improved academic opportunities and better life outcomes. A consensus formed around the positive impacts that desegregation could have on both students of color and white students. When courts retreated from upholding desegregation policies, many communities developed their own voluntary plans, some …


Pilot Testing The Daily Activities List For Inmates (Dali): Item Evaluation And Content Validity, Philip R. Magaletta, Rokas Perskaudas, Christina J. Connors, Marc W. Patry, Jarrod Reisweber 2018 Federal Bureau of Prisons

Pilot Testing The Daily Activities List For Inmates (Dali): Item Evaluation And Content Validity, Philip R. Magaletta, Rokas Perskaudas, Christina J. Connors, Marc W. Patry, Jarrod Reisweber

United States Department of Justice: Publications

Scheduling enjoyable daily activities is a Cognitive Behavioral Therapy intervention used in the treatment of depression and substance abuse disorders that are prevalent disorders among inmates. To effectively use this intervention with inmates, an activities list with items ecologically sensitive to the correctional setting needs to be created. The purpose of this study was to develop and evaluate items; thus, establishing a content valid Daily Activities List for Inmates (DALI). Fifteen corrections professionals representing a wide range of disciplines and managerial backgrounds served as subject matter experts (SMEs). Each SME evaluated 403 daily activity items that were aggregated from 4 …


Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose 2018 Dare To Tell

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Occupational Licensing: How States And Professionals Work To Keep The Poor From Working, Seth Johnson 2018 Loyola University Chicago, School of Law

Occupational Licensing: How States And Professionals Work To Keep The Poor From Working, Seth Johnson

Public Interest Law Reporter

No abstract provided.


What Is Sexual Orientation?, Mary Ziegler 2018 Florida State University College of Law

What Is Sexual Orientation?, Mary Ziegler

Kentucky Law Journal

At a time when the Supreme Court seems closer than ever before to treating sexual orientation as a suspect classification, consideration of the legal definition of sexual orientation is both timely and important. The Court’s 2015 decision in Obergefell recognizes two guideposts for defining sexual orientation: its immutability and normalcy. While other scholars offer rich and nuanced accounts of the fight for gay, lesbian, transgender, and bisexual rights, they do not fully analyze the history of sexual orientation as a legal category. This Article closes that gap, illuminating the hidden costs of the definition of sexual orientation that Obergefell endorses. …


Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney 2018 UIC School of Law

Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney

UIC Law Review

No abstract provided.


Invention Of A Slave, Brian L. Frye 2018 University of Kentucky College of Law

Invention Of A Slave, Brian L. Frye

Law Faculty Scholarly Articles

On June 10, 1858, the Attorney General issued an opinion titled Invention of a Slave, concluding that a slave owner could not patent a machine invented by his slave, because neither the slave owner nor his slave could take the required patent oath. The slave owner could not swear to be the inventor, and the slave could not take an oath at all. The Patent Office denied at least two patent applications filed by slave owners, one of which was filed by Senator Jefferson Davis of Mississippi, who later became the President of the Confederate States of America. But …


"Because Of Sex", Jack B. Harrison 2018 Loyola Marymount University and Loyola Law School

"Because Of Sex", Jack B. Harrison

Loyola of Los Angeles Law Review

Many Americans currently believe that federal law prohibits discrimination because of sexual orientation and gender identity in the workplace. While it is true that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating because of an employee’s race, color, religion, sex, or national origin, courts and legislators have historically been slow to extend these protections to LGBT workers. The result of this reluctance is that LGBT employees remain largely unprotected under an unpredictable patchwork of laws and policies, consisting of presidential executive orders, private employer initiatives, city and county ordinances, gubernatorial executive orders, and …


Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin 2018 Loyola Marymount University and Loyola Law School

Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin

Loyola of Los Angeles Law Review

No abstract provided.


How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose 2018 Loyola University Chicago, School of Law

How The United States Supreme Court Diminished Constitutional Protections Of The Right To Vote And What Congress Can Do About It, Henry Rose

Faculty Publications & Other Works

No abstract provided.


On The Permanence Of Racial Injustice And The Possibility Of Deracialization, Steven A. Ramirez, Neil G. Williams 2018 Loyola University Chicago, School of Law

On The Permanence Of Racial Injustice And The Possibility Of Deracialization, Steven A. Ramirez, Neil G. Williams

Faculty Publications & Other Works

No abstract provided.


Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert 2018 Mitchell Hamline School of Law

Justiciability Of State Law School Segregation Claims, Will Stancil, Jim Hilbert

Mitchell Hamline Law Review

No abstract provided.


Charter Schools And School Desegregation Law, Will Stancil 2018 Mitchell Hamline School of Law

Charter Schools And School Desegregation Law, Will Stancil

Mitchell Hamline Law Review

No abstract provided.


Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy 2018 Mitchell Hamline School of Law

Awaiting The Rebirth Of An Icon: Brown V. Board Of Education, R. Lawrence Purdy

Mitchell Hamline Law Review

No abstract provided.


America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers III 2018 Mitchell Hamline School of Law

America's Immigration Policy - Where We Are And How We Arrived: An Immigration Lawyer's Perspective, Howard S. Myers Iii

Mitchell Hamline Law Review

No abstract provided.


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