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What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy 2010 University of Cincinnati College of Law

What Best To Protect Transsexuals From Discrimination: Using Current Legislation Or Adopting A New Judicial Framework, S. Elizabeth Malloy

Faculty Articles and Other Publications

This article specifically examines the issues and controversies that transsexual individuals have encountered as a result of their lack of protection under anti-discrimination laws, particularly the Americans with Disabilities Act (ADA) and Title VII. Part I is an overview of our society's binary sex/gender system and how this system serves to exclude and disenfranchise transsexuals. Part II examines the relationship between disability law and transsexuals, both explaining why they were excluded from the ADA and how state disability laws have provided more protection. Part III discusses how transsexuals have fared under a Title VII sex discrimination approach. This section also …


Proposition 22: Prohibits The State From Borrowing Or Taking Funds Used For Transportation, Redevelopment, Or Local Government Projects And Services. Initiative Constitutional Amendment., Amanda L. Allen, Johanna E. Michael 2010 University of the Pacific, McGeorge School of Law

Proposition 22: Prohibits The State From Borrowing Or Taking Funds Used For Transportation, Redevelopment, Or Local Government Projects And Services. Initiative Constitutional Amendment., Amanda L. Allen, Johanna E. Michael

California Initiative Review (CIR)

No abstract provided.


Proposition 24: Repeal Corporate Tax Loopholes Act. Initiative Statute., Marla A. Kurtz, Mallory Lass 2010 University of the Pacific, McGeorge School of Law

Proposition 24: Repeal Corporate Tax Loopholes Act. Initiative Statute., Marla A. Kurtz, Mallory Lass

California Initiative Review (CIR)

No abstract provided.


Proposition 27: Elimination Of The Citizens Redistricting Commission. Changes To The Redistricting Process In California. Initiative Constitutional Amendment And Statute., Anna Buck, Christina Johnson 2010 University of the Pacific, McGeorge School of Law

Proposition 27: Elimination Of The Citizens Redistricting Commission. Changes To The Redistricting Process In California. Initiative Constitutional Amendment And Statute., Anna Buck, Christina Johnson

California Initiative Review (CIR)

No abstract provided.


Taxation Without Representation, Nancy Staudt 2010 Northwestern University School of Law

Taxation Without Representation, Nancy Staudt

Faculty Working Papers

Poll taxes are unconstitutional and yet Americans continue to link political rights to economic status. When taxpayers claim, "We pay taxes and therefore should decide how public monies are spent," they claim a privileged position in society based on their monetary contributions to the state and federal fiscal position that, by implication, nontaxpaying Americans should not have. Not only do taxpayers claim they deserve special political privileges, but the law itself continues to couple political rights to taxpaying status in ways that legal scholars have largely left unexplored. This article examines a range of political benefits tied to the payment …


Public Wrongs And Private Bills: Indemnification And Government Accountability In The Early Republic, James E. Pfander, Jonathan L. Hunt 2010 Northwestern University School of Law

Public Wrongs And Private Bills: Indemnification And Government Accountability In The Early Republic, James E. Pfander, Jonathan L. Hunt

Faculty Working Papers

Students of the history of administrative law in the United States regard the antebellum era as one in which strict common law rules of official liability prevailed. Yet conventional accounts of the antebellum period often omit a key institutional feature. Under the system of private legislation in place at the time, federal government officers were free to petition Congress for the passage of a private bill appropriating money to reimburse the officer for personal liability imposed on the basis of actions taken in the line of duty. Captain Little, the officer involved in one oft-cited case, Little v. Barreme, pursued …


Judicial Legislation, Anthony D'Amato 2010 Northwestern University School of Law

Judicial Legislation, Anthony D'Amato

Faculty Working Papers

My argument will be that it is unjust in the broadest view of our legal system for judges to legislate, even if they confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin's rights thesis.


Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio 2010 University of Richmond

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio

Richmond Journal of Law and the Public Interest

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …


Proposition 26: Vote Requirement For State Fees And Levies. Initiative Constitutional Amendment., Julia C. DeVos, Amber Simmons 2010 University of the Pacific, McGeorge School of Law

Proposition 26: Vote Requirement For State Fees And Levies. Initiative Constitutional Amendment., Julia C. Devos, Amber Simmons

California Initiative Review (CIR)

No abstract provided.


Proposition 19:Regulate, Control And Tax Cannabis Act Of 2010. Initiative Statute., Kori Hilton, Katherine Oldham 2010 University of the Pacific, McGeorge School of Law

Proposition 19:Regulate, Control And Tax Cannabis Act Of 2010. Initiative Statute., Kori Hilton, Katherine Oldham

California Initiative Review (CIR)

No abstract provided.


Proposition 23: Suspension Of Global Warming Until Unemployment Drops Initiative Statute., Leila Z. Mironova, Bindhu J. Varghese 2010 University of the Pacific, McGeorge School of Law

Proposition 23: Suspension Of Global Warming Until Unemployment Drops Initiative Statute., Leila Z. Mironova, Bindhu J. Varghese

California Initiative Review (CIR)

No abstract provided.


Proposition 21: Establishes $18 Annual Vehicle License Surcharge To Help Fund State Parks And Wildlife Programs And Grants Free Admission To All State Parks To Surcharged Vehicles. Initiative Statute., Sarah Chesteen, Christine D. Harlan 2010 University of the Pacific, McGeorge School of Law

Proposition 21: Establishes $18 Annual Vehicle License Surcharge To Help Fund State Parks And Wildlife Programs And Grants Free Admission To All State Parks To Surcharged Vehicles. Initiative Statute., Sarah Chesteen, Christine D. Harlan

California Initiative Review (CIR)

No abstract provided.


Proposition 20: Redistricting Of Congressional Districts. Initiative Constitutional Amendment., Matt Vance, Steve Kelly 2010 University of the Pacific, McGeorge School of Law

Proposition 20: Redistricting Of Congressional Districts. Initiative Constitutional Amendment., Matt Vance, Steve Kelly

California Initiative Review (CIR)

No abstract provided.


Proposition 25: The On-Time Budget Act Of 2010 Initiative Constitutional Amendment, Marcus Arneson, John Powell 2010 University of the Pacific, McGeorge School of Law

Proposition 25: The On-Time Budget Act Of 2010 Initiative Constitutional Amendment, Marcus Arneson, John Powell

California Initiative Review (CIR)

No abstract provided.


Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod 2010 Florida International University College of Law

Stop Shutting The Door On Renters: Protecting Tenants From Foreclosure Evictions, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted Federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from …


Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione 2010 University of Maryland Francis King Carey School of Law

Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione

Journal of Health Care Law and Policy

No abstract provided.


Legislative Updates, Keyla Bade 2010 American University Washington College of Law

Legislative Updates, Keyla Bade

The Modern American

No abstract provided.


Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer 2010 UIC School of Law

Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer

UIC Law Review

No abstract provided.


Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig 2010 UIC School of Law

Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig

UIC Law Review

No abstract provided.


Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul McNaughton 2010 UIC School of Law

Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton

UIC Law Review

No abstract provided.


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