The State Of Israel’S Constitution; A Comparison Of Civilized Nations,
2013
Touro University Jacob D. Fuchsberg Law Center
The State Of Israel’S Constitution; A Comparison Of Civilized Nations, Mark Goldfeder
Scholarly Works
The art of constitution-making is never one-dimensional. In regard to the United States' model, it has recently been argued that "[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition."' While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for …
Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security,
2013
Touro Law Center
Deference Or Abdication: A Comparison Of The Supreme Courts Of Israel And The United States In Cases Involving Real Or Perceived Threats To National Security, Eileen Kaufman
Scholarly Works
The Supreme Courts of Israel and the United States treat cases involving national security radically differently, or so it appears on the surface. The fact that the two courts make very different use of justiciability doctrines dramatically affects their willingness to decide “war on terrorism” cases that challenge aspects of national security programs as violative of individual rights. On the surface, the approaches of the two courts thus appear to be radically different, and indeed they are, at least with respect to their willingness to hear and decide cases in “real time” and in terms of their willingness to embrace …
Unfinished Equality: The Case Of Black Boys,
2013
University of Florida Levin College of Law
Unfinished Equality: The Case Of Black Boys, Nancy E. Dowd
UF Law Faculty Publications
Vulnerabilities and identities theories have an interdependent and symbiotic relationship that is critical to achieve social justice. Vulnerabilities analysis demands the state to explain and correct structural inequalities, while identities theories call for constructs and stereotypes to be confronted, challenged, and transformed in order to achieve justice and equality. An example of the value of both theoretical perspectives is in challenging, uncovering, and demanding action to end the subordination of black boys. Analyzing the situation of black boys, from birth to age eighteen, and the interaction they have with individuals, institutional structures, and culture leads to a conclusion that identity …
Reclaiming Equality To Reframe Indigent Defense Reform,
2013
Georgia State University College of Law
Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall Lucas
Faculty Publications By Year
Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance …
Constitutional Limitations On Closing The Gender Gap In Employment,
2013
Saint Louis University School of Law
Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick
All Faculty Scholarship
Despite our country’s efforts to eliminate it, there remain pay and achievement gaps between men and women in the workplace. This article summarizes legal approaches to close the gap, constitutional developments that have slowed government’s power to address the inequality, worrisome trends in recent cases, and the implications of these. This article proposes a future of utilizing congress’s taxing power to address inequalities.
Identifying (With) Disability: Using Film To Teach Employment Discrimination,
2013
Saint Louis University School of Law
Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo
All Faculty Scholarship
Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.
The Changing Nature Of The Dominant Justifications That Legitimated The Oppression Of African-Americans In The United States,
2013
Indiana University Maurer School of Law
The Changing Nature Of The Dominant Justifications That Legitimated The Oppression Of African-Americans In The United States, Kevin D. Brown
Articles by Maurer Faculty
The original justifications for the oppression of both African–Americans in the United States and Dalits in India were drawn from the religious systems of thought of both societies. However, over the centuries, the basic justifications for the oppression of African–Americans changed, while the primary rationale for the oppression of Dalits still remains rooted in religion. This essay sketches out the dominant forms that made and continue to make the oppression of African–Americans appear to be part of the natural order of things. It shows how the primary justifications for the oppression of Blacks changed over time. In so doing, this …
Invisible Histories & The Failure Of Protected Classes,
2013
Washington and Lee University School of Law
Invisible Histories & The Failure Of Protected Classes, Jill M. Fraley
Scholarly Articles
Our legal history suggests that the evolution of our discrimination law has been and likely should be the continuing enumeration of protected classes. There is, however, a counter-intuitive problem: protecting specific groups suggests to the public that everyone else is fair game, providing implicit legitimacy to other harmful stereotypes. To illustrate this problem this article constructs the legal history of stereotypes and prejudicial acts against Appalachians, a marginalized group that does not fit neatly in the protected categories. Considering then how our courts have treated the relationship between stereotypes and discrimination, along with recent sociological evidence, this article suggests that …
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11,
2013
University of Maryland Francis King Carey School of Law
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
The Aesthetics Of Affirmative Action,
2013
University of California Davis School of Law
The Aesthetics Of Affirmative Action, Brian Soucek
Studio for Law and Culture
Justice Thomas’s dissent in Grutter v. Bollinger — which dismissed diversity as an “aesthetic” — highlighted the Supreme Court’s least-discussed rationale for affirmative action in higher education: the claim that visible diversity in elite institutions bolsters those institutions’ “perceived legitimacy.” This Article takes seriously that claim, and Thomas’s critique, as distinctively aesthetic arguments about the role of appearances in public life. By distinguishing the perceived legitimacy argument from others made on behalf of affirmative action, the Article traces for the first time its origins, scope, and unacknowledged popularity. By identifying the aesthetic logic of the Court's argument and drawing on …
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice,
2013
Marquette University
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl
Studio for Law and Culture
High assessments on African American-owned land became a common, if often invisible, feature of Jim Crow governance. Discriminatory modes of property taxation served as a weapon of social control, an instrument of land speculation and redevelopment, and a vehicle for the unequal distribution of public services. This essay traces the strange career of the property tax from the period of Reconstruction to the age of Jim Crow, situating racial differentials in the assessment and collection of ad valorem taxes within the broader framework of white supremacist governance, and provides a case study of property tax discrimination in civil rights-era Mississippi. …
Lincoln, The Emancipation Proclamation And Executive Power,
2013
University of Richmond
Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr.
Law Faculty Publications
This Essay explores whether President Lincoln's Emancipation Proclamation, freeing all slaves held in areas designated by the President to be under rebellion onJanuary 1, 1863, could be justified as an exercise of his power under the Take Care Clause. Part I of this Essay discusses the legislation that preceded the Emancipation Proclamation. Part II discusses the Emancipation Proclamation. Part III discusses the Take Care Clause and how it might authorize significant parts of the Emancipation Proclamation, if not the entire document.
Promoting Language Access In The Legal Academy,
2013
American University Washington College of Law
Promoting Language Access In The Legal Academy, Jayesh Rathod, Gillian Dutton, Beth Lyon, Deborah M. Weissman
Scholarly Articles in Law Reviews & Journals
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
According To Our Hearts And Location: Toward A Structuralist Approach To The Study Of Interracial Families,
2013
Fordham University School of Law
According To Our Hearts And Location: Toward A Structuralist Approach To The Study Of Interracial Families, Robin A. Lenhardt
Faculty Scholarship
This Article offers a review of Angela Onwuachi-Willig’s wonderful book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family. Race scholars have begun to productively deploy structuralism to discuss cumulative racial disadvantage and the ongoing, racially segregative effects of government systems and policies. of such systems on intimate choice and family formation. Likewise, some scholars have employed structuralism to explore how law shapes our intimate preferences and opportunities for intimate engagements. Still, scholars of this very exciting work have not yet engaged as fully as they might regarding questions of race. This Article contends that …
State Speech And Political Liberalism,
2013
Fordham University School of Law
State Speech And Political Liberalism, Abner S. Greene
Faculty Scholarship
Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …
Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors,
2013
Louisiana State University Law Center
Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring
All Scholarship
No abstract provided.
How I Rode The Bus To Become A Professor At The University Of Denver Sturm College Of Law; Reflections On Keyes's Legacy For The Metropolitan, Post-Racial, And Multiracial Twenty-First Century,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
How I Rode The Bus To Become A Professor At The University Of Denver Sturm College Of Law; Reflections On Keyes's Legacy For The Metropolitan, Post-Racial, And Multiracial Twenty-First Century, Tom I. Romero Ii
Scholarly Works
No abstract provided.
Deactivating Implanted Cardiac Devices: Euthanasia Or The Withdrawal Of Treatment?,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Deactivating Implanted Cardiac Devices: Euthanasia Or The Withdrawal Of Treatment?, David Orentlicher
Scholarly Works
No abstract provided.
Masculine Law Firms,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Masculine Law Firms, Ann C. Mcginley
Scholarly Works
This article describes the masculine culture in law firms and analyzes how this culture harms both men and women because of their gender. Part II explains MMT, and analyzes the masculine practices that exist in modern law firms. Part III studies a lawsuit brought by a law firm associate, a white male father of two who allegedly was fired in retaliation for taking leave under the Family Medical Leave Act and because of his failure to adhere to the macho stereotypes prevalent in the law firm. Part IV analyzes how the law should respond to masculine norms, and suggests that …
Masculinity, Labor, And Sexual Power,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Masculinity, Labor, And Sexual Power, Ann C. Mcginley
Scholarly Works
This Essay focuses on gender and sexuality to analyze Hannah Rosin's thesis in the The End of Men. It relies in large part on feminist and masculinities theories to consider how men and women may both suffer gendered disadvantage. It looks specifically at Las Vegas, a market that is sexualized, in order to complicate Rosin's narrative, and to create a better understanding of what is happening in the U.S. workforce. While the Las Vegas market is not representative of markets across the country, it is economically and socially significant and, with the expansion of the casino and gaming industries …
