Civil Rights and Discrimination Commons^™

Defining An "Appropriate Education" Under The Education For All Handicapped Children Act Of 1975, Stephen A. Mansfield

Maine Law Review

The educational rights of handicapped children have long been neglected due to a combination of societal indifference and ignorance. Judicial recognition of the educational rights of handicapped persons only began in the early 1970's when constitutional challenges were brought against school systems that excluded handicapped children from attending school. Federal statutory reforms, however, have gone much further than the constitutionally-based decisions of the early 1970's. This Comment focuses on the Education for All Handicapped Children Act, the primary federal statute for securing educational rights of handicapped children. Because the Act is relatively new, case law providing guidance for judicial decision …

Occupy, Nicholas Marti

Nebraska Journal on Advancing Justice

No abstract provided.

Rise Re-Entry Program, Rise Artists

Nebraska Journal on Advancing Justice

No abstract provided.

Airport Milk Justice, Elsbeth Magilton

Nebraska Journal on Advancing Justice

This creative and personal Essay explores the complex and often overlooked experience of a new working mother. Through a series of personal stories featuring airports and security personnel, this author navigates the struggles and lack of support from society for breastfeeding on-the-go. Ultimately, the author was able to use these personal experiences and turn them into a positive advocacy mission for herself and for other working mothers across the United States by finding solutions and reaching out to airport regulators. This piece highlights candidly the intersection between motherhood and the professional world by illustrating the difficulties and evolving expectations for …

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …

Extraterritorial Civil Liability After Mallory: A Potential New Weapon For Anti-Abortion States In The Interstate Abortion War, Velma Lockman

Nebraska Journal on Advancing Justice

Dobbs v. Jackson Women’s Health Organization marked the culmination of a decades-long movement to overturn the constitutional right to abortion established in Roe v. Wade. The decision commenced an interstate abortion war, in which anti-abortion states are now seeking to enforce their anti-abortion statutes in pro-abortion states. One such statute is Senate Bill 8 (“S.B.8”), a Texas anti-abortion statute that utilizes civil liability to prosecute anyone for “aiding or abetting” abortion.

The year after Dobbs, the Supreme Court issued their opinion in Mallory v. Norfolk Southern Railway Company, which upheld a Pennsylvania consent-by-registration statute and allows Pennsylvania courts to exercise …

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Nebraska Journal on Advancing Justice

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …

Forewords To The Inaugural Issue, Njaj Editorial Board, Richard Moberly, Stefanie S. Pearlman, Kala Mueller, Danielle Jefferis, Brooklyn Terrill

Nebraska Journal on Advancing Justice

No abstract provided.

2024-25 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Navigating Harassment And Discrimination At University Of California Through Uaw 4811'S Abusive Conduct Contract Provisions, Sarah Arveson, Emily Weintraut

Journal of Collective Bargaining in the Academy

The Respectful Work Environment (RWE) provisions in the recent University of California labor agreements with graduate students and postdocs have proven useful in addressing harassment and discrimination in new and perhaps more effective ways than either previous contract provisions or university policies and procedures. The authors describe how the new RWE provisions work and provide several illustrative case studies.

Legal Analysis Of The Application Of The Principle Of Contrarius Actus Related To The Cancellation Of Documents To Fulfil Citizen’S Rights In Population Administration At The Population And Civil Registration Office, Enis Tristiana, Muhammad Bagus Adi Wicaksono, Alifia Putri Mahardika, Napadol Kewha

Jurnal Civics: Media Kajian Kewarganegaraan

This research describes and examines the implementation of the Contrarius Actus principle in cancelling population documents and the obstacles to applying the Contrarius Actus principle in cancelling population documents. The type of research used is descriptive empirical research with a qualitative approach. The description of the research results is complemented by primary and literature data relevant to the research topic. The results of this study indicate that the application of cancelling population documents through the Contrarius Actus principle has its criteria, namely, not changing the meaning in population documents and population documents issued by the Population and Civil Registration Office. …

Title Ix Reimagined: The Power Of Principles-Based Governance, Tammi Walker

University of Cincinnati Law Review

Title IX, a federal civil rights law enacted in 1972, prohibits sex-based discrimination in educational institutions. Title IX’s regulatory framework has evolved into a problematic hybrid of broad principles and prescriptive rules, creating significant challenges for educational institutions seeking to prevent sex discrimination and ensure gender equity. The current system’s simultaneous vagueness and rigidity has resulted in inconsistent enforcement, regulatory uncertainty, and compliance burdens that ultimately undermine Title IX’s fundamental objectives.

This Article argues that a properly structured principles-based regulatory approach would better serve Title IX’s aims while enhancing compliance and accountability. Successful implementation requires clear guiding principles, professional expertise, …

When Courts Collide: How Statutory Interpretation Divides The Fifth And Eighth Circuits On Section 2 Of The Voting Rights Act, Delaney Cook

University of Cincinnati Law Review

No abstract provided.

A Constitutional Right To Counsel In Eviction Proceedings: Solutions To Ohio's Housing Stability Crisis, Audrey M. Woodward

University of Cincinnati Law Review

No abstract provided.

Armed And Classless: Non-Dangerous Felons After Bruen, Robert W. Vetter

LSU Law Journal for Social Justice & Policy

No abstract provided.

Masthead

LSU Law Journal for Social Justice & Policy

No abstract provided.

Cover

LSU Law Journal for Social Justice & Policy

No abstract provided.

“Don’T Say Gay”: Florida’S Suppression Of Lgbtq+ Identities Under The Guise Of Parental Empowerment, Alex J. Snow

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note first discusses the legislative and judicial history of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title IX. Primary attention is directed toward the interplay between the statutes, their similarities, and the theories pursuant to which discrimination may be established under each. Next, this Part discusses the historical debate over the scope of “sex” discrimination under Title VII and Title IX. Then, this Part examines the landmark Supreme Court case Bostock v. Clayton County’s substantial impact on the judicial interpretation of “sex” under Title VII and Title IX. Lastly, …

Shoot First, Think Later, Pay Never: How Qualified Immunity Perpetuates The Modern-Day Lynching Of Black Americans And Why Abolition Is The Answer, Abigail Sloan

Journal of Civil Rights and Economic Development

(Excerpt)

The purpose of this Note is to analogize today’s police killings of Black Americans to lynchings, and to examine how qualified immunity is one of many mechanisms governments and police departments use to evade accountability. The word “lynching” itself evokes an emotional and disturbing image of horror from the reconstruction-era South, with images of terroristic, racist violence which can be uncomfortable and traumatizing to confront. However, in using the word “lynching,” I intentionally and respectfully draw upon the similarities between historical lynchings and the police killings of Black Americans today, particularly in tracking the evolution of brutal violence to …

One Person, Endless Data: Prohibiting Personal Political Viewpoint Data Processing To Combat Voter Suppression, William Eddy

Journal of Civil Rights and Economic Development

(Excerpt)

Polarization in American politics and elections continues to rise, due in no small part to advancing digital marketing technologies co-opted by political actors. In 2016, Cambridge Analytica, a political consulting firm, spearheaded right-wing populist campaigns to political victory in the United States and United Kingdom. The firm reconfigured commercial data processing methods to process personal political viewpoint data (“PPVD”) and perform “psychological manipulation.” While the firm has since dissolved, such practices are still used to manipulate American elections.

The European Union (“EU”), also in 2016, enacted the General Data Protection Regulation (“GDPR”). As a comprehensive data privacy reform, GDPR, …