So Help Me God: A Comparative Study Of Religious Interest Group Litigation,
2014
William Mitchell College of Law
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
Georgia Journal of International & Comparative Law
No abstract provided.
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation,
2014
Seattle University School of Law
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused,
2014
Seattle University School of Law
Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons
Seattle University Law Review
Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …
Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government,
2014
University of Georgia School of Law
Hitler's Ghosts: The Interplay Between International Organizations And Their Member States In Response To The Rise Of Neo-Nazism In Society And Government, Marjorie L. Morton
Georgia Journal of International & Comparative Law
No abstract provided.
Grandparents Act As The National Guard Of Their Facilities - All Eager And Ready To Respond When In Need: A Call For Expansion Of Grandparent Visitation Rights In North Carolina,
2014
North Carolina Central University School of Law
Grandparents Act As The National Guard Of Their Facilities - All Eager And Ready To Respond When In Need: A Call For Expansion Of Grandparent Visitation Rights In North Carolina, Tricia V. Argentine
North Carolina Central Law Review
No abstract provided.
Femicide In Bolivia After Law 348,
2014
SIT Study Abroad
Femicide In Bolivia After Law 348, Adán Martínez
Independent Study Project (ISP) Collection
This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …
Title Ix And Social Media: Going Beyond The Law,
2014
University of Michigan Law School
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Michigan Journal of Gender & Law
The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts,
2014
University of Michigan Law School
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore
Michigan Journal of Gender & Law
Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional …
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement,
2014
Marquette University Law School
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Marquette Law Review
none
Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District,
2014
Villanova University Charles Widger School of Law
Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo
Villanova Law Review (1956 - )
No abstract provided.
Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace,
2014
Texas A&M School of Law
Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz
Michigan Journal of Race and Law
Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …
Rights In Recession: Toward Administrative Antidiscrimination Law,
2014
University of Florida Levin College of Law
Rights In Recession: Toward Administrative Antidiscrimination Law, Stephanie Bornstein
UF Law Faculty Publications
This Article documents how, over the past six years and coinciding with the “Great Recession of 2008,” both public and private antidiscrimination enforcement mechanisms have become increasingly constrained, such that the ability to enforce the mandate of Title VII of the Civil Rights Act of 1964 - the main federal law prohibiting employment discrimination - may be facing a crisis point. While enforcement mechanisms for federal antidiscrimination law have long left room for improvement, recent developments in the economy, due to the 2008 recession, and in federal case law, due to a series of procedural decisions by the Roberts Court, …
The Demographic Dilemma In Death Qualification Of Capital Jurors,
2014
University of Arkansas at Little Rock William H. Bowen School of Law
The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory,
2014
Georgia State University College of Law
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito
Faculty Publications By Year
More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation …
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution,
2014
Indiana University Maurer School of Law
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Indiana Law Journal
No abstract provided.
Satellite Remote Sensing And Database Management: Who Owns The Digitized Information Relating To Indigenous People And Their Artifacts,
2014
North Carolina Central University School of Law
Satellite Remote Sensing And Database Management: Who Owns The Digitized Information Relating To Indigenous People And Their Artifacts, Brenda Reddix-Smalls
North Carolina Central Law Review
No abstract provided.
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar,
2014
William & Mary Law School
Mitigating The Impact Of Title Vii's New Retaliation Standard: The Americans With Disabilities Act After University Of Texas Southwestern Medical Center V. Nassar, August T. Johannsen
William & Mary Law Review
No abstract provided.
Twu Law: A Reply To Proponents Of Approval,
2014
Dalhousie University
Twu Law: A Reply To Proponents Of Approval, Elaine Craig
Dalhousie Law Journal
Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant, pledging not to engage in same-sex intimacy. The purpose of this article is to offer a reply to the arguments advanced by proponents of granting law society accreditation to TWUs proposed program. The paper rejects six of the central claims that proponents ofapproval have advanced. First it responds to the claim that TWU does not actually discriminate against the LGBTQ community. Second …
Guilty Displeasures: White Resistance In The Social Justice
Classroom,
2014
University of Ottawa
Guilty Displeasures: White Resistance In The Social Justice Classroom, Rakhi Ruparelia
Dalhousie Law Journal
In this article, the author reflects on the challenges of teaching white law students about racism and whiteprivilege asa racializedprofessor To situateher experiences and to better understand the obstacles that professors who teach critically about race and racism confront, she draws from theories of racial identity development and research on student evaluations to contextualize student responses to antiracist pedagogy Grappling with racism in a meaningful way leaves many white students feeling distraught, angry and guilty, among other unpleasant emotions. Professors who initiate these discussions become the natural targets of criticism and blame as students struggle with their discomfort. The hostility …
Breastfeeding On A Nickel And A Dime: Why The Affordable Care Act's Nursing Mothers Amendment Won't Help Low-Wage Workers,
2014
University of Denver Sturm College of Law
Breastfeeding On A Nickel And A Dime: Why The Affordable Care Act's Nursing Mothers Amendment Won't Help Low-Wage Workers, Nancy Ehrenreich, Jamie Siebrese
Michigan Journal of Race and Law
As part of the Patient Protection and Affordable Care Act of 2010 (also known as “Obamacare”), Congress passed a new law requiring employers to provide accommodation to working mothers who want to express breast milk while at work. This accommodation requirement is a step forward from the preceding legal regime, under which federal courts consistently found that “lactation discrimination” did not constitute sex discrimination. But this Article predicts that the new law will nevertheless fall short of guaranteeing all women the ability to work while breastfeeding. The generality of the Act’s brief provisions, along with the broad discretion it assigns …
