Introduction: Challenging Authority: A Symposium Honoring Derrick Bell,
2014
Boston University School of Law
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Faculty Scholarship
This is the Introduction to the University of Pittsburgh Law Review’s Challenging Authority: A Symposium Honoring Derrick Bell (L.L.B. 1957). This special symposium issue of the 75th volume of the Law Review celebrates and seeks to continue Bell’s critical inquiry into and fight against racial injustice. It features leading and emerging voices that examine and build upon some of Bell’s most eminent concepts, such as the permanence of racism and Interest Convergence Theory; explore Bell’s impact as a professor and activist; and look ahead to the next wave of critical race study.
Disparate Impact, School Closures, And Parental Choice,
2014
Notre Dame Law School
Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett
Journal Articles
We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …
I Thought He Had A Gun: Amending New York's Justification Statute To Prevent Police Officers From Mistakenly Shooting Unarmed Black Men,
2014
Benjamin N. Cardozo School of Law
I Thought He Had A Gun: Amending New York's Justification Statute To Prevent Police Officers From Mistakenly Shooting Unarmed Black Men, Toussaint Cummings
Cardozo Public Law, Policy & Ethics Journal
The note advocates for reforming the legal standards governing police use of deadly force, particularly in cases involving unarmed Black men. It argues that racial stereotypes and implicit biases significantly influence officers' decisions to shoot, leading to unjustified shootings. The author proposes eliminating the subjective component of the justification defense, focusing instead on objective reasonableness and incorporating social science research to address these biases. The reforms aim to hold police accountable and promote justice by valuing Black lives equally.
Reforming Property Law To Address Devastating Land Loss,
2014
Texas A&M University School of Law
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Breastfeeding And A New Type Of Employment Law,
2014
The Catholic University of America, Columbus School of Law
Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge
Catholic University Law Review
No abstract provided.
Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America,
2014
Touro University Jacob D. Fuchsberg Law Center
Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams
Touro Law Review
No abstract provided.
Federalism And Business Decisions In The October 2005 Term,
2014
Touro University Jacob D. Fuchsberg Law Center
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981,
2014
Touro Law Center
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981,
2014
Touro University Jacob D. Fuchsberg Law Center
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Exploring The Case For Healthcare As An Unenumerated, Fundamental Right,
2014
North Carolina Central University School of Law
Exploring The Case For Healthcare As An Unenumerated, Fundamental Right, Andre "Truth" Mcdavid, Brandon A. Robinson
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Plaintiffs-Appellants/Cross-Appellees’Response And Reply Brief,
2014
Seattle University School of Law
Plaintiffs-Appellants/Cross-Appellees’Response And Reply Brief, Robert S. Chang, Lorraine Bannai, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic, Attorneys For Appellants
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Torch (June 2014),
2014
University of Southern Maine
Torch (June 2014), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Vicki Eaklor's Queer America: A People's History Of The United States (Book Review),
2014
University at Buffalo School of Law
Vicki Eaklor's Queer America: A People's History Of The United States (Book Review), Michael Boucai
Book Reviews
No abstract provided.
Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law,
2014
Chicago-Kent College of Law
Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law, Paul Finkelman
Chicago-Kent Law Review
This article explores and examines William E. Nelson’s masterful study of the origins and adoption of the Fourteenth Amendment, The Fourteenth Amendment: From Political Principal to Judicial Doctrine (1988). The article explains that a quarter of a century after he wrote this book, Nelson’s study of the origins and adoption of the Amendment remains the best exploration of these issues. His book illustrates the difficulties of determining the “original intent” of the framers of this complicated and complex Amendment. At the same time, however, Nelson demonstrates that for many issues we can come to a strong understanding of the goals …
The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine,
2014
Chicago-Kent College of Law
The "Moral Hazards" Of Title Vii's Religious Accomodation Doctrine, Stephen Gee
Chicago-Kent Law Review
Freedom of religion in the workplace has recently become a hot topic with regards to whether U.S. or state laws (mainly contraceptive care and treatment of same-sex, married employees’ spouses) must accommodate certain employer’s religious beliefs or else violate the employer’s constitutional right. However, before this recent employer-centric topic came to light, the main focus was on employees and to what extent employers must accommodate an employee’s religion via Title VII. Most, if not all, academic literature has argued an employer’s duty to accommodate employee’s religion is too weak under Title VII and should thus be increased to the significant …
The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”,
2014
William S. Boyd School of Law, UNLV
The Ninth Circuit's Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian Bartrum
Michigan Law Review First Impressions
On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional amendment banning same-sex marriage, which is currently under review in the U.S. Court of Appeals for the Ninth Circuit. Perhaps even more surprising, Nevada's Republican governor agreed with that decision, concluding that the "case is no longer defensible in court." Ironically, all of this came after the plaintiffs had lost their case in the district court. But the federal constitutional landscape surrounding same-sex marriage is rapidly shifting, and in the nation's largest circuit change is coming quickly indeed. The latest upheaval—the decision that in fact prompted …
Title Vii At Fifty Years: A Symposium,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Title Vii At Fifty Years: A Symposium, Ann C. Mcginley
Nevada Law Journal
No abstract provided.
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Hiding The Statute In Plain View: University Of Texas Southwestern Medical Center V. Nassar, Michael J. Zimmer
Nevada Law Journal
No abstract provided.
Lessons From The Dolphins/Richie Incognito Saga,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Lessons From The Dolphins/Richie Incognito Saga, Kerri Lynn Stone
Nevada Law Journal
No abstract provided.
Misconstruing Notice In Eeoc Administrative Processing & Conciliation,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison
Nevada Law Journal
No abstract provided.
