Hoop Dreams Deferred: The Wnba, The Nba, And The Long-Standing Gender Inequity At The Game’S Highest Level,
2015
Washington College of Law, American University
Hoop Dreams Deferred: The Wnba, The Nba, And The Long-Standing Gender Inequity At The Game’S Highest Level, N. Jeremy Duru
Utah Law Review
From the beginning, the WNBA—which was born of the NBA’s approval in the NBA’s cities with NBA teams’ colors and largely NBA-related names and which survived a challenge from the ABL by virtue of its NBA affiliation—has featured a more stringent age eligibility rule than the NBA. When taken together, the two rules create two different tracks—one for men and one for women—to be negotiated on route to a professional basketball career in the United States. This sort of dualtracking, in which one route presents advantages over the other, is unacceptable in a nation committed to gender equity, and it …
Unfinished Business Of Repealing “Don’T Ask, Don’T Tell”: The Military’S Unconstitutional Ban On Transgender Individuals,
2015
S.J. Quinney College of Law, University of Utah
Unfinished Business Of Repealing “Don’T Ask, Don’T Tell”: The Military’S Unconstitutional Ban On Transgender Individuals, Kayla Quam
Utah Law Review
Discrimination based on gender identity is a form of sex discrimination. In Price Waterhouse, the Supreme Court clarified that “sex” encompasses more than biological genitalia. That ruling eviscerated the holding of Holloway, Sommers, and Ulane—the three cases the Tenth Circuit relied on in declaring that sex discrimination did not encompass gender nonconformity. At least since Price Waterhouse, discrimination against someone because of that individual’s failure to conform to sex stereotypes must be considered a form of sex discrimination.156 As transgenderism is defined as nonconformity “to that typically associated with the sex . . . assigned at birth,” discrimination based on …
Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring,
2015
Osgoode Hall Law School of York University
Canada Tracks Disability Rights: A Drpi Model Of Systemic Monitoring, Roxanne Mykitiuk, Yvonne Peters
Articles & Book Chapters
This chapter surveys laws and policies in Canada that affect the rights of persons with disabilities. It does so as part of a broader project on international disability rights monitoring and is guided by DRPI's National Law and Policy Monitoring Template (2008). The template is based on the Convention on the Rights of Persons with Disabilities (CRPD) and other international instruments. The template's purpose is "to monitor human rights for people with disabilities at the systemic level, that is, at the level of existing laws, policies, and programs," and to "identify and draw attention to the most critical gaps and …
Introduction: War Measures And The Repression Of Radicalism, 1914-1939,
2015
Department of Law, Carleton University
Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie
Articles & Book Chapters
This fourth volume in the Canadian State Trials series, Security, Dissent, and the Limits of Toleration in War and Peace, 1914–1939, brings readers to the period of the First World War and the inter-war years. it follows an approach similar to that of others in the series. the central concern remains the legal responses of Canadian governments to real and perceived threats to the security of the state. the aim is to provide a representative and relatively comprehensive examination of Canadian experiences with these matters, placed in broader historical and comparative context.
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans,
2015
American University Washington College of Law
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
American University Law Review
No abstract provided.
Gender Equity In The 21st Century: Keynote Address,
2015
University of Richmond
Gender Equity In The 21st Century: Keynote Address, Chai Feldblum
Richmond Public Interest Law Review
You have heard a lot this morning about the need in 1964 for Congress to enact prohibitions against discrimination on the basis of race, national origin and religion. I am going to use my time, therefore, to talk about gender equity: the addition of the sex discrimination prohibition in Title VII, the advances that have occurred since passage of that law, and the miles that we still have to go to achieve full gender equity.
Modern Sappers And Miners: The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964,
2015
University of Richmond
Modern Sappers And Miners: The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs
Richmond Public Interest Law Review
this article is organized as follows. To orient readers on what is at stake, Section I provides a brief overview of the substantive provisions of the Civil Rights Act of 1964. Section II considers reasons why the Act was premised on Congress' Commerce Clause authority rather than the enforcement power that the Constitution confers upon Congress under the Thirteenth and Fourteenth Amendments. Section III evaluates several recent Supreme Court decisions that give the Commerce Clause a restrictive interpretation. For illustrative purposes, this section explores the impact on Title Two of the Act. Finally, the article closes with a few observations …
To End Divisions: Reflections On The Civil Rights Act Of 1964,
2015
University of Richmond
To End Divisions: Reflections On The Civil Rights Act Of 1964, Dr. Julian Maxwell Hayter
Richmond Public Interest Law Review
By focusing on a number of the CRA's key titles - without belittling the act's importance to Latinos, women, et al.- this commentary illustrates how the act moved beyond eliminating segregation; it addresses how the racial climate of the early 1960s shaped public policy. Broadly, the Civil Rights Act of 1964 sought to change the balance of racial (and genderbased) power in the America by using federal law to finally protect African Americans' right to live equal lives. After 1964, for the first time since Reconstruction, race was national policy agenda. This agenda and the Civil Rights Act of 1964 …
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement,
2015
University of Richmond
Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson
Richmond Public Interest Law Review
This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …
Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers,
2015
Benjamin N. Cardozo School of Law
Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon
Cardozo Journal of International and Comparative Law
The note argues that while Israel has the right to control migration from Africa, its current legal framework for handling refugees and asylum seekers is inadequate and often unconstitutional. It calls for legislative reforms to ensure a just and systematic approach that balances national security with human rights, emphasizing the need for international cooperation to share the refugee burden.
A Deer In Headlights: The Supreme Court, Lgbt Rights, And Equal Protection,
2015
Georgetown University Law Center
A Deer In Headlights: The Supreme Court, Lgbt Rights, And Equal Protection, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
In this essay, I argue that the problems with how courts apply Equal Protection principles to classifications not already recognized as suspect reach beyond the most immediate example of sexual orientation. Three structural weaknesses drive the juridical reluctance to bring coherence to this body of law: two doctrinal and one theoretical. The first doctrinal problem is that the socio-political assumptions that the 1938 Supreme Court relied on in United States v. Carolene Products, Inc. to justify strict scrutiny for “discrete and insular minorities” have lost their validity. In part because of Roe v. Wade-induced PTSD, the courts have …
"Seg Academies," Taxes, And Judge Ginsburg,
2015
Georgetown University Law Center
"Seg Academies," Taxes, And Judge Ginsburg, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
This essay recounts the historical, political, and legal context in which Judge Ginsburg’s ruling in the Wright case arose. This context explains the importance of her decision to the battle against segregated education and highlights as well the repeated efforts of powerful political forces, including the Reagan administration and congressional conservatives, to cripple efforts to prohibit racially discriminatory private schools from receiving federal subsidies through the tax system. This essay also aims to highlight Wright’s place in the modern doctrine of educational discrimination.
Moving Forward, Looking Back: A Retrospective On Sexual Harassment Law,
2015
Southern Methodist University, Dedman School of Law
Moving Forward, Looking Back: A Retrospective On Sexual Harassment Law, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The fiftieth anniversary of Title VII provides an appropriate occasion to look back to an era when women suffered sexual abuse in the workplace (and many other places) with no possible recourse. Once feminist writers and litigators connected the dots, judges came to understand that a broad mandate to end sex discrimination had to include a mandate to eliminate sexual harassment at work. The decades that followed saw the step-by-step construction of a doctrine that ostensibly protects employees from unwanted sexual behavior at work.
In this symposium issue the author examines the impact of sexual harassment law citing several court …
Loving V. Virginia As A Civil Rights Decision,
2015
George A. Weiss University Professor of Law & Sociology; Raymond Pace & Sadie Tanner Mossell Alexander Professor of Civil Rights; and Professor of Africana Studies at the University of Pennsylvania
Loving V. Virginia As A Civil Rights Decision, Dorothy E. Roberts
NYLS Law Review
No abstract provided.
An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate,
2015
New York Law School, 2014
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.
Table Of Contents,
2015
Loyola University Chicago, School of Law
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
The Vaccination Debate: From The Playground To The Courtroom,
2015
Loyola University Chicago, School of Law
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,
2015
Loyola University Chicago, School of Law
"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?,
2015
Loyola University Chicago, School of Law
Does America Care About Mental Health Care?, Zainab Mehkeri
Public Interest Law Reporter
No abstract provided.
Coop Businesses: Ownership For The Disowned,
2015
Loyola University Chicago, School of Law
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Public Interest Law Reporter
No abstract provided.
