On Tuesday, Alabama will vote on Amendment 4, which would delete segregationist language from the Alabama Constitution. Officially named Senate Bill 112, the proposed Amendment eliminates the poll tax and deletes the following provision: “Separate schools shall be provided for white and colored children, and no child of either race [...]
“There is but one truly serious philosophical problem, and that is suicide.” Albert Camus, The Myth of Sisyphus On Tuesday, Massachusetts voters will be asked to wrestle with that problem and vote up or down on Question 2. I urge them to vote yes. If Question 2 passes it [...]
Combating sex trafficking requires new and innovative thinking in today’s internet age. Because of websites like Craigslist and Backpage, it is easier than ever for those who traffic in sex to find clients. While simpler for the perpetrators, it has become increasingly difficult for law enforcement to find criminals and [...]
In the wake of Gonzaga Univ. v. Doe, in which the Supreme Court entrenched a tight-fisted test for whether Congress has guaranteed a statutory right to individuals, the lower courts have felt out the bounds of a new doctrine piecemeal. Recently, in Shakhnes v. Berlin, the Second Circuit held that at least in some cases where Congress confers a right with bounds set by flexible standards – as opposed to hard and fast rules – and a regulation subsequently “defines or fleshes out that right” by imposing a rigid rule, the statute provides the “source” of a right but the regulation ultimately defines the limits of what is enforceable under § 1983. The court ignored persuasive reasoning that would have provided a conceptually sounder basis for deciding the narrow issue at bar, but in so doing mitigated the unduly harsh consequences of the narrower conception of rights that would follow from such reasoning in the wake of Gonzaga.
Do we have a qualifying patient? Check. Subject to a disciplinary action? Check. By a business? Check. For medical use of marijuana? Check. Open and shut: Mr. Casias was wrongfully dismissed and must be compensated. Except the Sixth Circuit didn’t see it that way.
Democrats are ceding a winning issue by remaining silent on LGBT equality. President Obama and his campaign should be working to highlight the Administration’s actions and to make the case for continuing those policies and priorities into a second-term.
Matt and Noah are joined by CRCL Online Content Editor Nitzan Weizmann to highlight the problem of pregnancy discrimination. Noah and Matt also take a look at a recent Second Circuit opinion striking down part of the Defense of Marriage Act.
A perspective on data collection that emphasizes dignity would bring the nature of these transactions into the open . . . when this is all done secretly and without sufficient concern for the transactions that occur between parties who are all deserving of basic respect and dignity, everyone loses.
With Matt in the hosting chair this week, CR-CL’s Executive Editors for Online Content, Noah Kaplan and Matt Giffin take a close look at this week’s oral arguments in Fisher v. University of Texas and at the pace and process of President’s Obama’s judicial nominations. The show begins with our weekly news round-up, This Week in Civil Rights and Civil Liberties.
Reviving the trespassory model of the Fourth Amendment, the Court in U.S. v. Jones has raised more questions about data privacy than it answered. If the mere existence and transmission of data can signal a lack of a reasonable expectation of privacy, the only way to demonstrate a subjective interest in privacy will be to go off the grid. There has to be a better way.
Copyright © 2013 Harvard Civil Rights-Civil Liberties Law Review. All Rights Reserved.
