Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education,
2014
University of Missouri - Kansas City, School of Law
Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education, David S. Cohen, Nancy Levit
Faculty Works
Since federal regulations authorized single-sex education in 2006, there has been an explosion of single-sex schools and classes. Although the Supreme Court has not ruled, three federal court decisions have addressed the constitutionality of single-sex classes, and the issue will percolate toward Supreme Court review soon. The arguments are that parents should have choices and “diversity” of educational options, that “brain research” shows that boys and girls are so biologically different to need sex-specific educational environments, that educational outcomes are better, and single-sex learning environments allows boys and girls to break through gender stereotypes. This article dissects these arguments within …
Electing Fairness: A Check-The-Box-Style Regime For Same-Sex Couples' Tax Filing Status,
2014
University of Kentucky College of Law
Electing Fairness: A Check-The-Box-Style Regime For Same-Sex Couples' Tax Filing Status, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
In the wake of the United States Supreme Court's decision regarding the Defense of Marriage Act in United States v. Windsor, tax lawyers and those interested in tax policy immediately wondered what consequences this change would have to the United States' federal tax laws. The Internal Revenue Service issued a Revenue Ruling explaining the position it took regarding the case, which answered many questions for taxpayers whose lives were affected by the decision. Because the IRS announced that it would recognize same-sex marriages based on the state of celebration of the marriage rather than the state of residence of …
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement,
2014
Indiana University Maurer School of Law
Access To Counsel: Psychological Science Can Improve The Promise Of Civil Rights Enforcement, Victor D. Quintanilla, Cheryl R. Kaiser
Articles by Maurer Faculty
Employment discrimination claimants in general, and racial minority claimants in particular, disproportionately lack access to legal counsel. When employment discrimination claimants lack counsel, they typically abandon their claims, or if they pursue their claims, they do so pro se (without counsel), a strategy that is seldom successful in court. Access to counsel is, hence, a decisive component in whether employment discrimination victims realize the potential of civil rights enforcement. Psychological science analyzes access to counsel by identifying psychological barriers—such as threatened social identity, mistrust in legal authorities, and fear of repercussions—that prevent employment discrimination victims from pursuing counsel. The analysis …
Racial Templates,
2014
Loyola University Chicago School of Law
Racial Templates, Juan F. Perea, Richard Delgado
Faculty Publications & Other Works
No abstract provided.
Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence,
2014
Loyola University Chicago School of Law
Doctrines Of Delusion: How The History Of The G.I. Bill And Other Inconvenient Truths Undermine The Supreme Court’S Affirmative Action Jurisprudence, Juan F. Perea
Faculty Publications & Other Works
No abstract provided.
The Changing Legal Climate For Physician Aid In Dying,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Changing Legal Climate For Physician Aid In Dying, David Orentlicher
Scholarly Works
No abstract provided.
The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”,
2014
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum
Scholarly Works
When the Ninth Circuit handed down Witt v. Department of the Air Force, President Obama and then-Solicitor General Kagan declined to take an appeal to the Supreme Court. At the time, it seemed that most advocates of “Don’t Ask, Don’t Tell” believed that the administration made that decision because it was afraid the Supreme Court would reverse the Ninth Circuit. If that fear was perhaps well-founded in 2009, it is certainly less so now. In the wake of SmithKline Beecham Corp. v. Abbott Laboratories, as well as recent District Court decisions, opponents of federal constitutional protection for gay people …
Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs,
2014
New York Law School
Collective Or Individual Benefits?: Measuring The Educational Benefits Of Race-Conscious Admissions Programs, Deborah N. Archer
Articles & Chapters
In Fisher v. University of Texas at Austin, the United States Supreme Court ruled that colleges and universities could continue to consider race or ethnicity as one of several factors in an admissions policy that seeks to achieve broad diversity goals. To the relief of proponents of race-conscious admissions programs, the Fisher Court affirmed that the 'educational benefits' that flow from a diverse student body are a compelling government interest under strict scrutiny analysis. The Court further upheld the determination that Grutter mandates 'deference to the University’s conclusion, based on its experience and expertise, that a diverse student body would …
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court,
2014
New York Law School
Same-Sex Couples Denied Employer Benefits Will Get Their Day In Court, Arthur S. Leonard
Other Publications
No abstract provided.
Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement,
2014
University of Richmond School of Law
Crossing The Bridge: African-Americans And The Necessity Of A 21st Century Human Rights Movement, Marissa Jackson Sow
Law Faculty Publications
I had the honor of hearing Judge Joseph Greenaway give the keynote address at Columbia University's Black Law Students Association's Paul Robeson Gala in 2010. He gave a stirring speech, which has since been published in the Columbia Journal of Race and Law, entitled Have We Crossed the Bridge Yet? The title and theme of His Honor's speech is a reference to David Remnick's The Bridge: The Life and Rise of Barack Obama, which, in turn, invokes the metaphor of the bridge as a representation of the African-American struggle toward equality. ...
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together,
2014
University of Richmond
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
Law Student Publications
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of …
The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On,
2014
Atlanta's John Marshall Law School
The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, K. Lee Adams
Cardozo Journal of International and Comparative Law
This year marks the thirtieth anniversary of the International Labour Organization's (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines LO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …
Civil Rights 3.0,
2014
Georgetown University Law Center
Civil Rights 3.0, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
It is now commonplace to hear the LGBT rights movement being described as the last, or the next, or today’s, pre-eminent civil rights issue. This chapter will explore what that means from several perspectives: What does the label tell us about the civil rights paradigm itself? If the achievement of marriage equality is the great civil rights achievement of this generation, what does that suggest about a future for equality more generally? How have new forms of, and technologies for, movement building affected the idea and practice of civil rights? Does the civil rights paradigm have a future? I focus …
Horton Hears A Twerp: Myth, Law, And Children’S Rights In Horton Hears A Who!,
2014
Professor of Law, University of Manitoba
Horton Hears A Twerp: Myth, Law, And Children’S Rights In Horton Hears A Who!, Anne Mcgillivray
NYLS Law Review
No abstract provided.
No Matter How Small... Property, Autonomy, And State In Horton Hears A Who!,
2014
Associate Professor, American University Washington College of Law
No Matter How Small... Property, Autonomy, And State In Horton Hears A Who!, Jorge L. Contreras
NYLS Law Review
No abstract provided.
Liberty And Justice For All? Protecting The Right To Privacy For Incapacitated Individuals: The Need For Comprehensive Sterilization Legislation In All Fifty States,
2014
Benjamin N. Cardozo School of Law
Liberty And Justice For All? Protecting The Right To Privacy For Incapacitated Individuals: The Need For Comprehensive Sterilization Legislation In All Fifty States, Mindy K. Fersel
Cardozo Journal of Equal Rights & Social Justice
The note examines the intersection of disability rights and reproductive rights, highlighting the legal confusion and human rights violations that arise from the lack of comprehensive federal guidance on the sterilization of individuals with disabilities. While landmark Supreme Court decisions like Griswold v. Connecticut and Roe v. Wade established constitutional protections for reproductive autonomy, the legacy of cases such as Buck v. Bell and inconsistent state statutes continue to undermine the rights of individuals with disabilities. The article argues that the absence of clear legislative frameworks leaves vulnerable populations at risk of exploitation and discrimination, necessitating urgent reform to ensure …
You Can Get Fired For Flirting: Critique Of Sex Discrimination Law In The Workplace Through Nelson V. Knight,
2014
Benjamin N. Cardozo School of Law
You Can Get Fired For Flirting: Critique Of Sex Discrimination Law In The Workplace Through Nelson V. Knight, Kibum Byun
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Cook County Prevents Source Of Income Discrimination From Begetting Unlawful Race Discrimination And So Should Illinois,
2014
Loyola University Chicago, School of Law
Cook County Prevents Source Of Income Discrimination From Begetting Unlawful Race Discrimination And So Should Illinois, Jonathan Sheffield
Public Interest Law Reporter
No abstract provided.
"The Fire [This] Time": Ferguson, Implicit Bias, And The Michael Brown Grand Jury,
2014
Loyola University Chicago, School of Law
"The Fire [This] Time": Ferguson, Implicit Bias, And The Michael Brown Grand Jury, Nickolas Kaplan
Public Interest Law Reporter
No abstract provided.
Table Of Contents,
2014
Loyola University Chicago, School of Law
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
