Reply Brief. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2013 U.S. S. Ct. Briefs Lexis 4419,
2013
University of Washington School of Law
Reply Brief. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2013 U.S. S. Ct. Briefs Lexis 4419, Eric Schnapper, Indira Talwani, Kevin G. Powers
Court Briefs
No abstract provided.
State Action Problems,
2013
University of Georgia School of Law
State Action Problems, Christian Turner
Florida Law Review
The state action doctrine is a mess. Explanations for why federal courts sometimes treat the private actions of private parties as public actions subject to the Constitution, as the Supreme Court did in Shelley v. Kraemer, are either vastly over-inclusive or fail to explain our law and values. A better approach is to understand the state action doctrine in institutional terms. I introduce a two-step, institutionally focused state action theory that is a natural consequence of a broader public–private theory of legal systems. In the first step, a court identifies a “state action problem,” meaning a privately made law …
The First Amendment, Equal Protection And Felon Disenfranchisement: A New Viewpoint,
2013
St. John's University School of Law
The First Amendment, Equal Protection And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson
Florida Law Review
This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized felon disenfranchisement is additionally and independently a legislative problem, judgment as to which citizen’s ideas are worthy of inclusion in the electorate. Relying on a series of cases involving state interests in protecting the ballot and promoting its intelligent use, this Article demonstrates that felon disenfranchisement is open to attack under the Supreme Court’s fundamental rights jurisprudence when it is motivated by a desire to …
Torch (October 2013),
2013
University of Southern Maine
Torch (October 2013), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Footnote Online Supplement: State Truancy Law Compilation,
2013
University of Tennessee - Knoxville
Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin
College of Law Faculty Scholarship
This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …
Una Lucha Contra La Corriente: Análisis De La Ley 779 Ley Integral Contra La Violencia Hacia Las Mujeres En Nicaragua,
2013
SIT Study Abroad
Una Lucha Contra La Corriente: Análisis De La Ley 779 Ley Integral Contra La Violencia Hacia Las Mujeres En Nicaragua, Christina Brown
Independent Study Project (ISP) Collection
En ese mundo existe muchísima violencia contra las mujeres, y a veces tenemos la tendencia de tratar ese dato como un tabú, como algo de lo cual no podemos hablar en público. Sin embargo, el hecho es que en cualquier sociedad necesitamos tener conversaciones más difíciles de este tipo para encontrar la manera de prevenir la violencia y abordarla. Al lado de esa violencia existe también una grandísima lucha en que las mujeres de todas las edades, clases, y todas partes del mundo están uniéndose para defender su derecho de vivir sin violencia. En Nicaragua esa lucha se había logrado …
Grounding Equality In Social Relationships: Suspect Classification, Grounds Of Discrimination, And Relational Theory,
2013
Osgoode Hall Law School of York University
Grounding Equality In Social Relationships: Suspect Classification, Grounds Of Discrimination, And Relational Theory, Jessica Nichol Eisen
LLM Theses
This thesis considers the implications of relational theory for doctrinal debates in Canadian and American constitutional equality law, with a focus on grounds of discrimination and suspect classification. Chapter 1 sets out the fundamentals of feminist relational theory, emphasizing relational approaches to difference, equality, and rights. Chapter 2 considers the methodological implications of applying relational theory to doctrinal problems. Chapter 3 sets out the basic structure and evolution of the suspect classification inquiry in American equal protection law. Chapter 4 does the same in respect of the Canadian doctrinal approach to grounds of unconstitutional discrimination. Finally Chapter 5 ties together …
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy,
2013
Louisiana State University Law Center
Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll,
2013
University of California Hastings College of Law
Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
Crapping Out With Crime Statistics,
2013
University of Arkansas at Little Rock William H. Bowen School of Law
Crapping Out With Crime Statistics, Robert Steinbuch
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep,
2013
University of Arkansas Little Rock
Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep, Nikki L. Cox
University of Arkansas at Little Rock Law Review
No abstract provided.
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution,
2013
Indiana University Maurer School of Law
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Articles by Maurer Faculty
In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.
How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy,
2013
Rutgers School of Law-Camden
How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson
Indiana Law Journal
Roundtable on Regulating Assisted Reproductive Technology 2012
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study,
2013
University of Baltimore School of Law
The Dangers Of Psychotropic Medication For Mentally Ill Children: Where Is The Child’S Voice In Consenting To Medication? An Empirical Study, Donald H. Stone
All Faculty Scholarship
When a child with a mental illness is being prescribed psychotropic medication. who decides whether the child should take the medication — the parent or the child? What if the child is sixteen years of age? What if the child is in foster care: Should the parent or social service agency decide? Prior to administering psychotropic medication, what specific information should be provided to the person authorized to consent on behalf of the child? Should children be permitted to refuse psychotropic medications? If so, at what age should a child he able to refuse such medication What procedures should be …
Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter,
2013
Osgoode Hall Law School of York University
Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter, Yasmin Dawood
Osgoode Hall Law Journal
This article addresses the Supreme Court of Canada’s theory of democracy and the right to vote. After setting forth the Court’s general approach to democracy, I develop a new conceptual framework for the Court’s approach to democratic rights. First, I argue that the Court has adopted a “bundle of democratic rights” approach to the right to vote. By this I mean that the Court has interpreted the right to vote as consisting of multiple democratic rights, each of which is concerned with a particular facet of democratic governance. Second, I claim that the democratic rights recognized by the Court are …
Do Bills Of Rights Matter?: An Examination Of Court Change, Judicial Ideology, And The Support Structure For Rights In Canada,
2013
Osgoode Hall Law School of York University
Do Bills Of Rights Matter?: An Examination Of Court Change, Judicial Ideology, And The Support Structure For Rights In Canada, Donald R. Songer, Susan W. Johnson, Jennifer Barnes Bowie
Osgoode Hall Law Journal
Competing theories regarding the development of a “rights revolution” in Canada have appeared in the judicial and constitutional literature in recent years. On the one hand, scholars argue that the profound effects often attributed to the Charter of Rights and Freedoms are substantially overstated, and conventional analyses have overlooked the more important role of changes in what is called the “support structure” for rights. Others have advanced a competing theory that the Charter created an expansion of civil liberties. We take advantage of an extensive dataset on the decisions of the Supreme Court of Canada to provide a more systematic …
Section 3: Civil Rights,
2013
William & Mary Law School
Section 3: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance,
2013
Marquette University Law School
Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance, Natalie S. Neals
Marquette Law Review
This Comment critically analyzes the split in the circuits over the second prong of the Ellerth/Faragher defense. Further, this Comment predicts how the Seventh Circuit will rule on this split. The Ellerth/Faragher defense is an affirmative defense available to employers who would otherwise be held liable for their supervisors’ harassing acts in hostile work environment situations. There are two prongs to the defense: (1) “the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior” and (2) “the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to …
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History,
2013
Washington and Lee University School of Law
Is Brown The New Black?: American Muslims, Inherent Propensity For Violence, And America’S Racial History, Amara S. Chaudhry-Kravitz
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead,
2013
Washington and Lee University School of Law
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
