Exluding lesbians and gay men from the military is unconstitutional, and courts are not required by their deference to the military to allow the discrimination.
- The Political Economy of the Dormant Commerce Clause
- Permitting Prejudice to Govern: Equal Protection, Military Deference, and the Exclusion of Lesbians and Gay Men from the Military
- Equal Protection and a Deaf Person's Right to Serve as a Juror
- A Judge Shapes and Manages Institutional Reform: School Desegregation in Buffalo
- Representation of Clients with Disabilities: Issues of Ethics and Control
- Helping the Mute to Speak: The Availability of Augmentative Communication Devices under Medicaid
- Damage Actions as a Strategy for Enhancing the Quality of Care of Persons with Mental Disabilities
- The Fair Housing Amendments Act of 1988: New Strategies for New Procedures
In Depth Reading
Volume 17 Issue 1
The Court should rethink its commerce clause jurisprudence to better align with modem economic realities already recognized by the Court's other decisions.
A judge's role in the desegregation of Buffalo's schools after Brown presents an example for a new role of the judiciary in institutional reform cases.
Article seeks to show deaf people are equally as competent to serve on a juror as any other person, and the idea they are not is unsupported.
Volume 17 Issue 2
Unfortunately the command for racial neutrality in the law follows a two-century history of racism and its consequences for racial minorities today.
Industry practice reveals that subcontracting must be considered a mandatory subject of collective bargaining, despite the Court's relaxtion of this duty.
In recent years, the increased denial of benefits to people who are "eligible" for pubilc assitance has had devestating effects, and reforms are neccessary.
One way to aid Social Security disability claimants is to enforce the recent articulation of the Treating Physician Rule as a Morgan evidentiary presumption.
Volume 17 Issue 3
The theory and practice of proportionality review in South Carolina offers inadequate protection against disproportionate death sentences.
Suggestions states can take to avail themselves of the Family Support Act's opportunities and to avoid its pitfalls, using a California program as an example.
Broad-based reform of the law regarding attorney's fees is necessary to remedy the lack of attorney willing to represent clients in civil rights cases.
This Article focuses on the reproductive freedom issues that arise in the context of AIDS and HIV infection in pregnant women and women of childbearing age.
Volume 17 Issue 4
Examination of the availability of and the proper standard for providing augmentative communication devices under Medicaid.
The absence of competent remedies in the Education for All Handicapped Children Act, the "remedies gap," has exacerbated implementation problems.
This article provides guidance to those representing litigants in housing discrimination matters to negotiate the procedural choices provided by the FHAA.
Exploration of the reasons behind the historic lack of traditional damage remedies on behalf of those with mental disabilities.