A Free Speech Response To The Gay Rights/Religious Liberty Conflict,
2016
Northwestern University
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell,
2016
William & Mary Law School
The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell, Toni M. Massaro
William & Mary Bill of Rights Journal
No abstract provided.
Perspectives On The Meaning Of "Disability",
2016
S.J. Quinney College of Law, University of Utah
Perspectives On The Meaning Of "Disability", Leslie Francis, Anita Silvers
Utah Law Faculty Scholarship
The meaning of “disability” has shifted with changes in public policy. Half a century ago, Congress was convinced that narrow determinations of disability are easy for physicians to make. But with the advent of universal civil rights protection against disability discrimination in the US, deciding whether particular individuals are disabled became increasingly contentious, until Congress intervened. What should now be addressed in each case is not whether the functionally compromised person is severely disabled enough to exercise a right, but whether mitigating interventions and reasonable accommodations can together achieve equitable access for that person.
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance,
2016
University of Pennsylvania Law School
Tightening The Ooda Loop: Police Militarization, Race, And Algorithmic Surveillance, Jeffrey L. Vagle
Michigan Journal of Race and Law
This Article examines how military automated surveillance and intelligence systems and techniques, when used by civilian police departments to enhance predictive policing programs, have reinforced racial bias in policing. I will focus on two facets of this problem. First, I investigate the role played by advanced military technologies and methods within civilian police departments. These approaches have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools and automates de facto penalization and containment based on race. Second, I will explore these …
The First Amendment And The Police In The Digital Age,
2016
University of Arkansas Little Rock
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
What’S Wrong With Sentencing Equality?,
2016
Benjamin N. Cardozo School of Law
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
Articles
Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …
Why Feminist Legal Theory Still Needs Mary Joe Frug: Thoughts On Conflicts In Feminism,
2016
Brooklyn Law School
Why Feminist Legal Theory Still Needs Mary Joe Frug: Thoughts On Conflicts In Feminism, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?,
2016
Loyola Marymount University and Loyola Law School
Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?, Alisa Lalana
Loyola of Los Angeles Law Review
No abstract provided.
Can You Hear Me Now?: Interpreters For California Civil Cases,
2016
Loyola Marymount University and Loyola Law School
Can You Hear Me Now?: Interpreters For California Civil Cases, Jena Maccabe
Loyola of Los Angeles Law Review
No abstract provided.
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts,
2016
Stockton Center for the Study of International Law, U.S. Naval War College
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
Northwestern University Law Review
In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain,
2016
William & Mary Law School
The Death Knell For The Death Penalty And The Significance Of Global Realism To Its Abolition From Glossip V. Gross To Brumfield V. Cain, Linda A. Malone
Faculty Publications
The Supreme Court’s jurisprudence regarding the death penalty, whether or not cruel, has most certainly been unusual in the annals of criminal punishment. In the short span of four years, the Court foreclosed and then reopened this form of punishment in Furman v. Georgia and Gregg v. Georgia. One year later the Court would categorically exclude the punishment for the rape of an adult. Five years later the Court would again preclude the punishment, for any defendant convicted of felony-murder who did not participate or share in the homicidal act or intent. In 1986 the Court would struggle with …
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated,
2016
Loyola Marymount University and Loyola Law School
Apple Watch-Ing You: Why Wearable Technology Should Be Federally Regulated, Grant Arnow
Loyola of Los Angeles Law Review
No abstract provided.
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities,
2016
Benjamin N. Cardozo School of Law
Bullying And The Individuals With Disabililities Education Act (Idea): A Framework For Provising Relief To Students With Disabilities, Sarah H. Ganley
Cardozo Law Review
No abstract provided.
Note: Anti-Discrimination Legislation In Housing,
2016
St. John's University School of Law
Note: Anti-Discrimination Legislation In Housing
The Catholic Lawyer
No abstract provided.
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioners,
2016
Seattle University School of Law
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioners, Robert Chang, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
State v. Houston-Sconiers et al.
State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session,
2016
Columbia Law School
State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
Since the Supreme Court’s 2015 decision in Obergefell v. Hodges, which held that laws limiting marriage to opposite-sex couples were unconstitutional, opponents of marriage equality and LGBT rights have largely turned their attention to the enactment of religious exemption laws. These exemptions allow individuals and organizations to violate certain federal, state, and local laws and regulations that conflict with their religious faith. While some proposed bills are state-level variations on the extremely broad and general federal Religious Freedom Restoration Act (RFRA), passed in 1993, a new variety of legislation provides narrower accommodations specifically relating to religious views about sex, …
Racial Profiling In The Era Of Black De-Constitutionalism,
2016
Drexel University College of Law
Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents,
2016
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges,
2016
Howard University School of Law
“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization,
2016
Ave Maria School of Law
Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
