Subtraction By Addition?: The Thirteenth And Fourteenth Amendments,
2012
University of Maryland Francis King Carey School of Law
Subtraction By Addition?: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Faculty Scholarship
The celebration of the Thirteenth Amendment in many Essays prepared for this Symposium may be premature. That the Thirteenth Amendment arguably protects a different and, perhaps, wider array of rights than the Fourteenth Amendment may be less important than the less controversial claim that the Fourteenth Amendment was ratified after the Thirteenth Amendment. If the Fourteenth Amendment covers similar ground as the Thirteenth Amendment, but protects a narrower set of rights than the Thirteenth Amendment, then the proper inference may be that the Fourteenth Amendment repealed or modified crucial rights originally protected by the Thirteenth Amendment. The broad interpretation of …
Surviving Castle Rock: The Human Rights Of Domestic Violence,
2012
University of Maryland Francis King Carey School of Law
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Student Articles and Papers
In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C.,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
The Terms Of The Debate: Litigation, Argumentative Strategies, And Coalitions In The Same-Sex Marriage Struggle,
2012
Florida State University College of Law
The Terms Of The Debate: Litigation, Argumentative Strategies, And Coalitions In The Same-Sex Marriage Struggle, Mary Ziegler
Scholarly Publications
Why, in the face of ongoing criticism, do advocates of same-sex marriage continue to pursue litigation? Recently, Perry v. Schwarzenegger, a challenge to California’s ban on same-sex marriage, and Gill v. Office of Personnel Management, a lawsuit challenging section three of the federal Defense of Marriage Act, have created divisive debate. Leading scholarship and commentary on the litigation of decisions like Perry and Gill have been strongly critical, predicting that it will produce a backlash that will undermine the same-sex marriage cause.
These studies all rely on a particular historical account of past same-sex marriage decisions and their …
Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy,
2012
University of Maryland Francis King Carey School of Law
Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy, Christina Meneses, Nicole Grimm
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Belford Vance Lawson, Jr.: Life Of A Civil Rights Litigator,
2012
University of Maryland Francis King Carey School of Law
Belford Vance Lawson, Jr.: Life Of A Civil Rights Litigator, Gregory S. Parks
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine,
2012
Touro Law Center
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Masculinities, Feminism, And The Turkish Headscarf Ban: Revisiting Şahin V. Turkey,
2012
University of Tennessee College of Law
Masculinities, Feminism, And The Turkish Headscarf Ban: Revisiting Şahin V. Turkey, Valorie K. Vojdik
Book Chapters
No abstract provided.
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises,
2012
Mercer University School of Law
Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore
Articles
In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress,
2012
University of Maryland Francis King Carey School of Law
Legal And Policy Standards For Addressing Workplace Racism: Employer Liability And Shared Responsibility For Race-Based Traumatic Stress, Robert T. Carter, Thomas D. Scheuermann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Torch (January/February 2012),
2012
University of Southern Maine
Torch (January/February 2012), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
Can Chinese Migrants Bolster The Struggling Economies Of Europe?,
2012
University of Cincinnati College of Law
Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang
Faculty Articles and Other Publications
This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.
Soul Of A Woman: The Sex Stereotyping Prohibition At Work,
2012
Northwestern University School of Law
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights,
2012
Valparaiso University School of Law
A New Sheriff In Town: Armistice In The War On Drugs And Students' Civil Rights, Susan P. Stuart
Law Faculty Publications
No abstract provided.
The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc,
2012
University of Miami School of Law
The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin
Articles
In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial …
History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy,
2012
Florida A&M University College of Law
History Of De Jure Segregation In Public Higher Education In America And The State Of Maryland Prior To 1954 And The Equalization Strategy, John K. Pierre
Florida A & M University Law Review
No abstract provided.
A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq,
2012
Barry University School of Law
A Rational Choice Reflection On The Balance Among Individual Rights, Collective Security, And Threat Portrayals Between 9/11 And The Invasion Of Iraq, Robert Bejesky
Barry Law Review
No abstract provided.
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley,
2012
DePaul University College of Law
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
College of Law Faculty
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
