Archive for the 'Volume 86-5' Category



Outliving Civil Rights

All fifty states have adopted statutes designed to protect older adults from abuse and neglect. While those statutes have been critiqued on functional and moral grounds, their legal implications have largely been ignored. In this Article, I fill that conspicuous gap and, in the process, show how elder protection systems significantly burden the constitutional rights [...]

Categories: Articles, In Print, Volume 86, Volume 86-5, Volumes | Posted: July 29, 2009


Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases

In this Article, we present an exploratory empirical study of federal workplace racial harassment cases that span a twenty-year period. Multiple analyses found that judges’ race significantly affects outcomes in workplace racial harassment cases. African American judges rule differently than White judges, even when one takes into account their political affiliation or certain characteristics of [...]

Categories: Articles, In Print, Volume 86, Volume 86-5, Volumes | Posted: July 29, 2009


Vol. 86:5


Categories: In Print, In Print - Table of Contents, Volume 86, Volume 86-5, Volumes | Posted: June 28, 2009


Abstinence Only Education Fails African American Youth

Studies consistently reveal that approximately half of all adolescents engage in sexual intercourse before graduating high school,  and many legal scholars have analyzed the correlation between youths’ sexual activity and abstinence-only sex education.  Studies also consistently reveal that the percentage of Black American  adolescents engaging in sexual intercourse substantially exceeds that of their White American  [...]

Categories: In Print, Notes, Volume 86, Volume 86-5, Volumes | Posted: April 24, 2009


Bilingual Education: Lessons From Abroad for America’s Pending Crisis

Bilingual education has been the cause of much debate in the United States over the last several decades. As the country continues to see a proportional increase in its minority populations, especially those that have recently emigrated from non-English speaking nations, the debate over the necessity and practicality of a bilingual educational system will likewise [...]

Categories: In Print, Notes, Volume 86, Volume 86-5, Volumes | Posted: April 24, 2009


Lean on Me: A Physician’s Fiduciary Duty to Disclose an Emergent Medical Risk to the Patient

This analysis has two purposes. The first is to establish that physicians owe their patients a fiduciary duty. Courts and commentators have widely acknowledged that this duty exists because of the nature of the special relationship between a physician and a patient. Application of this duty has been sparse, however, in part because its jurisprudential [...]

Categories: Articles, In Print, Volume 86, Volume 86-5, Volumes | Posted: April 10, 2009