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Cynthia Hawkins DeBose, Grounds for Divorce – U.S., in Cultural Sociology of Divorce (Robert Emery and J. Geoffrey Golson eds., Sage, 2013)Clicking on the button will copy the full recommended citation.
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Mark D. Bauer, Peter Pan as Public Policy: Should 55-Plus Age Restricted Communities Continue to be Exempt from Civil Rights Laws and Substantive Federal Regulation?, 21 University of Illinois Elder L.J. 33 (2013)Clicking on the button will copy the full recommended citation.
Although millions of Americans live in 55-plus age-restricted housing, little research has been done to determine whether these communities benefit their residents, or the nation as a whole. This is particularly ironic because these communities exist in contravention to anti-discrimination laws by virtue of a specific exemption granted to real estate developers by an Act of Congress. Ordinarily age discrimination is prohibited by the Fair Housing Act, Title VIII of the Civil Rights Act of 1968. Successful lobbying by special interest groups carved out an exemption for 55-plus housing.
The original exemption required developers to offer elders special services and facilities in these communities in return for the exemption. Over time, those requirements were eliminated and now the only requirement is that these communities exclude families and children. While lifestyles focused on golf and tennis may be attractive to younger retirees, older Americans often find themselves in communities bereft of the services and facilities they need for basic life activities and safety. The very nature of these communities result in elders left with depreciating homes, and many are without the financial means to retrofit their 55-plus home or to move into a community better adapted for their needs. This Article explores a popular form of “senior housing” that is unsuitable for most older Americans.
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Peter Lake, The College ‘Court’ Phenomenon, NASPA's Leadership Exchange (2013)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, Book Review, The Short and Happy Guide to Elder Law, in NAELA eBulletin (2013)Clicking on the button will copy the full recommended citation.
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Roy Balleste and , Signs and Portents in Cyberspace The Rise of Jus Internet as a New Order in International Law, 23 Fordham Intell. Prop. Media & Ent. L.J. 1311 (2013)Clicking on the button will copy the full recommended citation.
Today, having sufficient access to the Internet's information has arguably become a prerequisite for the enjoyment of human life. The Internet has become a center for human literacy and has the potential to offer numerous kinds of instruction at lower costs and with higher quality than previous media could offer. This Article will argue that the concept of a "cybered Westphalian age," as a cure to all threats in the Internet, has the potential to do more harm than good. The international community is now faced with a possible policy shift from the current state of the Internet, which is one of shared knowledge, toward the active practice of censorship and filtered content, which will have devastating consequences.
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Luz Estella Nagle, Cattle Rustling and Ranching by Illegal Armed Groups and Organized Crime, 29 Int'l Enforcement L. Reporter 177 (2013)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Bruce Green, Unregulated Internal Investigations Achieving Fairness for Corporate Constituents, 54 B.C. L. Rev. 73 (2013)Clicking on the button will copy the full recommended citation.
This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief to these corporate employees. This Article suggests that courts need to move beyond the Upjohn decision and recognize this new landscape. It advocates for corporate fair dealing and provides a multi-faceted approach to achieve this aim. Ultimately this Article considers how best to level the playing field between corporations and their employees in matters related to the corporate internal investigation.
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Ellen S. Podgor, Criminal Law Pedagogy: Introduction, 10 Ohio St. J. Crim. L. 597 (2013)Clicking on the button will copy the full recommended citation.
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Jason S. Palmer, The Convention on the Rights of Persons with Disabilities (CRPD): Will Ratification Lead to a Holistic Approach to Post-Secondary Education for Persons with Disabilities?, 43 Seton Hall L. Rev. 551 (2013)Clicking on the button will copy the full recommended citation.
In August 2012, the Convention on the Rights of Persons with Disabilities (“CRPD”), the first human rights convention of the 21st century, was sent to the full Senate for ratification. The CRPD, one of the most far-reaching international documents in history for the protection of marginalized individuals with disabilities, emphasizes the impact that attitudinal and environmental barriers in society have on the enjoyment of human rights. By focusing on these barriers, the CRPD represents a paradigm shift from an accommodation approach for persons with disabilities to a human rights mandate for society. This shift is best understood domestically through the lens of a universal design approach to disability. Universal design ensures that environments are accessible and usable by all people, whether they are disabled or not. The human rights mandate of the CRPD and equitable holistic approach of universal design have appropriate application in the realm of higher education. This article is the first to conceptualize and envision a human rights approach to United States higher education and disability law through the holistic application of universal design in learning and instruction.
Providing and ensuring postsecondary education to persons with disabilities is important in ameliorating the disproportionate treatment that persons with disabilities have endured. United States laws, such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act, have attempted to remedy deficiencies in the access provided to persons with disabilities. The CRPD, however, represents a paradigm shift in the area of disabilities by moving from a medical or social approach to persons with disability, to a human rights model. This shift to a holistic, human rights model as embodied in Article 24 of the CRPD demands a right to education for all persons, including persons with disabilities. The holistic approach of the CRPD, as implemented through the principles of universal design, is the most efficient and cost-effective method for benefiting all persons with or without disability in higher education. State courts, through decisions that implement the CRPD’s cultural, social, and political rights, are uniquely positioned to further these holistic goals.
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Elizabeth Berenguer, In Defense of Scholarship, 27 Second Draft 4 (2013)Clicking on the button will copy the full recommended citation.