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By applying Title II of the ADA to arrests in schools, by amending IDEA to take proactive steps, and by requiring contractual obligations between law enforcement and school districts, practitioners will finally be able to zealously advocate for students with
The ethical rules guiding practice are contradictory, undermined by the Constitution, and inconsistent with the realities of public defense. In short, it is nearly impossible to be an ethical public defender under the rules. This is a crisis for public
This Article concludes that pattern-or-practice investigations are an ef-fective means of achieving greater police accountability. Given its potential to advance change, this investigative power must not be limited to the federal government. Empowering states to take advantage of this remedy
We are in the midst of a constitutional crisis over this notion of substan-tive due process, for the judiciary is being flooded with judges who take a dim or narrow view of it.
In cities like Madison, reputationally progressive jewel of the state that denied Dred Scott his citizenship and citizen rights nearly two centuries ago, so too does the racialized illiteracy crisis lawfully disparage young Black men to non-citizen subjects...
The social model allows for greater inclusion of individuals with disabilities. It also places more of the onus on people in power—employers who must make accommodations, society at large, and other actors—rather than people with disabilities, who remain marginalized...
Earned-rights logic has a longstanding place in American constitutionalism, and recent decades have only made it more visible. By emphasizing the similarities between existing right-holders and those seeking new protections, courts can better smoke out discriminatory laws.
The democratic goods brought by canvassers are most needed in apartment buildings, especially in low-income housing where residents are too often politically disenfranchised while also deeply impacted by public policy.
Accent discrimination in jury selection harms litigants, criminal defendants, prospective jurors, and the perceived and actual fairness and legitimacy of the courts.
Critical lawyers envision an architecture that permits cross-boundary relationships, collective action, and a more democratic utilization of law.
Broad-stroke labels such as “LGBTQI(A)” and “other” send a message that a candidate’s spe- cific identity may not be acknowledged and treated with dignity. The academy and profession are late to join the SOGI data movement and disaggregation.
Through the Canons’ tenets—a liberal interpretation with ambiguities resolved in favor of Indigenous groups—Native peoples will be able to achieve any one of the four realms or values articulated by Professor Sproat: cultural integrity, lands and natural resources, social welfare
Federal Indian law jurisprudence is often nothing more than racism cloaked as law.
By treating gender information as routine, institutions and governments signify to the public that they are justified in treating gender as routine information, implicitly inviting them to categorise individuals as male or female and to police spaces along those lines.
Federal antitrust law currently constrains organizing efforts among workers misclassified as independent contractors—an increasingly large share of the low- wage workforce.
These resentencings are stories that ought to be examined and told . . . They force us to confront hard questions about how and why we punish.