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Disability Rights and Labor: Is This Conflict Really Necessary? Samuel R
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2017 Disability Rights and Labor: Is This Conflict Really Necessary? Samuel R. Bagenstos University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1852 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Civil Rights and Discrimination Commons, Disability Law Commons, Labor and Employment Law Commons, and the Legislation Commons Recommended Citation Bagenstos, Samuel R. "Disability Rights and Labor: Is This Conflict Really Necessary?" Indiana L. J. 92, no. 1 (2017): 277-98. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Disability Rights and Labor: Is This Conflict Really Necessary?*† SAMUEL R. BAGENSTOS‡ The relationship between the American labor movement and identity-based social movements has long been a complicated one. Organized labor has often been an ally of civil rights struggles, and major civil rights leaders have often supported the claims and campaigns of organized labor. Recall the reason Dr. Martin Luther King was in Memphis on the day he was assassinated—to lend his support to a strike by unionized sanitation workers.1 -
Speaker Biographies
Confrontation, Collaboration, and Cooperation: (En)Countering Disagreement in Pursuit of Public Interest The Fourteenth Annual Liman Colloquium March 3-4, 2011 Yale Law School Sponsored by Yale Law School and the Liman Public Interest Program SPEAKERS Nan Aron President, Alliance for Justice and AFJ Action Campaign Nan Aron is the President of the Alliance for Justice (AFJ), a national association of public interest and consumer rights organizations, and its partner advocacy organization, the Alliance for Justice Action Campaign (AFJAC). Aron founded AFJ in 1979 and continues to guide the organization in its mission to advance the cause of justice for all Americans, strengthen the public interest community's influence on national policy, and foster the next generation of advocates. In 1985, she founded AFJ's Judicial Selection Project, a leading voice in the efforts to achieve a fair and independent judiciary and a regular participant in the often-controversial judicial nominations process. For the last decade, AFJ has produced films to help educate the public about social justice issues and expose students to careers in public interest advocacy; in 2010, “Crude Justice” examined the effects of the Deep Horizon oil spill. Aron is a frequent speaker at universities, law schools, corporations, nonprofits, and foundations, and her writing has appeared in publications such as The New York Times, The Wall Street Journal, The Washington Post, USA Today, and Vanity Fair. Samuel Bagenstos Deputy Assistant Attorney General, U.S. Department of Justice, Civil Rights Division Samuel Bagenstos is Deputy Assistant Attorney General for the U.S. Department of Justice, Civil Rights Division. -
CUMEDICINE Today
SPRING 2018 UNIVERSITY OF COLORADO SCHOOL OF MEDICINE CUMEDICINE today Going Viral Jeffrey Kieft studies the secrets of RNA 8 Understanding Down Syndrome 10 Coffee’s Benefits 14 Student Olympian 18 Volume 31 l issue 1 CONTENTS SPRING 2018 SPRING CU MEDICINE TODAY CU MEDICINE TODAY Untangling RNA Molecules, Page 8 Cover photo: Jeffrey Kieft, PhD, studies how viruses “hijack the cell.” Photo by Trevr Merchant. 1 Letter from the dean 16 Community 28 Student Voice Guatemala clinic provides Bearing witness 2 In the news clinical care and training to a patient’s pain 4 Q&A 16 Education 29 Faculty Matters Patricia Heyn on staying Restoring intimacy physically and mentally fit Physician assistant students train in Guatemala after cancer 6 Clinical Care AIDS Clinical Trial Unit 19 Student Profile offers care and hope From the 2008 Olympics to CU School of Medicine 8 Research Jeffrey Kieft on untangling 20 Clinical Care the secrets of RNA Brain tumor threatens 10 Research to derail train engineer Could Down syndrome be Seeking treatments for HIV, page 6 22 Clinical Care an immune system problem? Asking patients to 12 Faculty Profile “Tell me more” Tracking diseases in Colorado and around the world 24 Alumni Corner 14 Research 26 Peaks Studying coffee’s link Saving babies in Guatemala, page 16 to heart health CU MEDICINE TODAY OFFICE OF ALUMNI RELATIONS EDITOR WRITERS th is published twice a year by 13001 E. 17 Pl., Mailstop A080 Mark Couch Amanda Blackman Aurora, CO 80045 Chief of Staff Saketh Guntupalli, MD the University of Colorado Director of Communications Vishnupriya Krishnan E-mail: [email protected] School of Medicine. -
Antidiscrimination Laws and the Administrative State: a Skeptic’S Look at Administrative Constitutionalism
\\jciprod01\productn\N\NDL\94-3\NDL307.txt unknown Seq: 1 7-FEB-19 12:38 ANTIDISCRIMINATION LAWS AND THE ADMINISTRATIVE STATE: A SKEPTIC’S LOOK AT ADMINISTRATIVE CONSTITUTIONALISM David E. Bernstein* INTRODUCTION .................................................. 1382 R I. EXAMPLES OF ANTIDISCRIMINATION-ENFORCEMENT AGENCIES IGNORING CONSTITUTIONAL LIMITS ON THEIR AUTHORITY . 1386 R A. OCR vs. Due Process and Freedom of Speech on Campus . 1387 R B. HUD and Justice vs. the Rights to Speech, Petition, and Assembly .............................................. 1392 R C. State and Local Antidiscrimination Agencies vs. Civil Liberties .............................................. 1396 R II. WHY AGENCIES ENFORCING ANTIDISCRIMINATION LAWS TEND TO BE INCONSIDERATE OF FREEDOM OF SPEECH ............. 1399 R A. Institutional Explanations .............................. 1400 R 1. Agencies Increase Their Budget and Authority by Expanding, Not Contracting, the Scope of the Laws They Enforce ............................... 1400 R 2. Purposivism Encourages Agencies to Resolve Statutory Ambiguity in Favor of Broad Interpretations ................................... 1401 R © 2019 David E. Bernstein. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice. * University Professor, Antonin Scalia Law School, George Mason -
Biographical Information Samuel Bagenstos Principal Deputy Assistant Attorney General Civil Rights Division U.S
Biographical Information Samuel Bagenstos Principal Deputy Assistant Attorney General Civil Rights Division U.S. Department of Justice Samuel Bagenstos serves as Principal Deputy Assistant Attorney General in the Civil Rights Division of the United States Department of Justice. As Principal Deputy AAG, Bagenstos assists in the overall management of the Division and directly supervises the Division’s Appellate and Disability Rights Sections, as well as the disability rights work of the Division’s Special Litigation Section. He served from 1994 to 1997 as a career attorney in the Appellate Section of the Division, where he worked on the full range of civil rights issues. Samuel Bagenstos is on leave from his position as Professor of Law at the University of Michigan Law School. Since 1999, Bagenstos has been a law professor; he has taught at Harvard, Washington University in St. Louis, UCLA, and the University of Michigan. Since becoming a professor, he has taught constitutional law and civil rights law, written extensively on disability rights and civil rights more generally, and continued to litigate civil rights cases (usually pro bono). During that time, Bagenstos played a key role in defending the constitutionality of the Americans with Disabilities Act and its abrogation of state sovereign immunity. He represented individuals with disabilities in a number of cases in which defendants attacked the statute as unconstitutional, including Tennessee v. Lane and United States v. Georgia -- two cases in which the Supreme Court upheld the statute against such attacks. He has argued civil rights cases in the Supreme Court and most of the federal courts of appeals, and as an academic he testified before Congress in favor of the so-called Lily Ledbetter Bill and the ADA Amendments Act. -
Cornell University Financial Report 2006-2007
1 The Cornell universi The Cornell A Message from the President T y r epor T 2006–07 Dear Cornellians and Friends of the University, he year that ended June 30, 2007, was one of significant achievement for Cornell: a near-record number of Cornell faculty members elected to distin- guished national academies; the largest number of applications ever received for places in the first-year class; an impressive number of Rhodes, Marshall, T Luce, Goldwater, Udall, and other national and international scholarships earned by our students and recent alumni; national recognitions of our efforts to be an employer of choice; the successful launch of one of the largest university-wide fund- raising campaigns in the history of American higher education; and the best year in fund-raising in the history of Cornell. This report documents some of the ways in which Cornell has demonstrated national and international leadership this year while also advancing the priorities that will enable it to continue to attract, inspire, and support the world’s best faculty, staff, and students over the longer term. David J. Skorton President Cornell University David Skorton named president • Cornell welcomes student refugees from Hurricane Katrina • Hunter Rawlings signs education agreement in China • Rawlings addresses intelligent design head-on • students take outreach to developing world • faculty take lead on strategic planning initiatives and on sustainability • faculty members win national recognition 2 2006–07 T epor r y T niversi u he Cornell he Cornell T David Skorton named president • Cornell welcomes student refugees from Hurricane Katrina • Hunter Rawlings signs education agreement in China • Rawlings addresses intelligent design head-on • students take outreach to developing world • faculty take lead on strategic planning initiatives and on sustainability • faculty members win national recognition 3 The Cornell universi The Cornell Major Themes of the Year T y r epor T 2006–07 David J. -
Symposium Program
1 Presented by the UDC Law Review Friday, March 29, 2019 UDC David A. Clarke School of Law 4340 Connecticut Ave. NW Washington, DC 20008 1 DISABILITY RIGHTS: Past, Present, and Future March 29, 2019 UDC DAVID A. CLARKE SCHOOL OF LAW 8:00am – 9:00am Breakfast and Registration / 5th floor lobby, outside Moot Courtroom 9:00am – 9:15am Welcome John Brittain, Acting Dean and Professor of Law, UDC Law Demetria Themistocles, Editor-in-Chief, UDC Law Review 9:15am – 10:30am The ADAAA: 10 + Years Later / Moot Courtroom Kevin Barry, Professor of Law and Co-Director of the Civil Justice Clinic, Quinnipiac University School of Law (Moderator) Samuel Bagenstos, Frank G. Millard Professor of Law, University of Michigan Law School Dr. Rabia Belt, Assistant Professor of Law, Stanford Law School Dr. Peter Blanck, University Professor and Chairman of the Burton Blatt Institute, Syracuse University College of Law Sunu P. Chandy, Legal Director, National Women’s Law Center Nicole Buonocore Porter, Associate Dean for Faculty Research and Development and Professor of Law, University of Toledo College of Law 10:45am – 11:55am Breakout Sessions Option 1: Disability, Leave, and Caregiving / Room 515 Robin R. Runge, Acting Director of the Equality and Inclusion Department, Solidarity Center, and Professorial Lecturer in Law, George Washington University Law School (Moderator) Joanna Blotner, Paid Family Leave Campaign Manager, Jews United for Justice Jessica Mason, Senior Policy Analyst and Engagement Manager, National Partnership for Women & Families Vivian Nava-Schellinger, Associate Director of Strategic Partnerships and External Affairs, National Council on Aging Tina Smith Nelson, Managing Attorney, AARP Legal Counsel for the Elderly Option 2: Disability, Police Interactions, and the Criminal Justice System / Moot Courtroom Chris Hill, Instructor, Legislation Clinic, UDC Law (Moderator) Claudia Center, Senior Staff Attorney, Disability Rights Program, ACLU Foundation Kari Galloway, Executive Director, Friends of Guest House Najma Johnson, Executive Director, DAWN Jonathan M. -
Letting Time Serve You: Boot Camps and Alternative
Disability Rights and Labor: Is This Conflict Really Necessary?*† SAMUEL R. BAGENSTOS‡ The relationship between the American labor movement and identity-based social movements has long been a complicated one. Organized labor has often been an ally of civil rights struggles, and major civil rights leaders have often supported the claims and campaigns of organized labor. Recall the reason Dr. Martin Luther King was in Memphis on the day he was assassinated—to lend his support to a strike by unionized sanitation workers.1 But unions and civil rights groups have found themselves on the opposite sides of intense battles as well. These battles have included fights over race and sex discrimination and harassment in union-dominated workplaces (which pitted civil rights groups against the public-safety-worker and craft unions that themselves often had a history of discrimination), as well as the struggles over sex-specific protective labor legislation (legislation supported by a wide swath of the labor move- ment, but that severely limited job opportunities for women).2 The relationship between the labor movement and the disability rights movement is just as complicated. Organized labor has often been an ally of disability rights * Apologies to Roger J. Traynor, Is This Conflict Really Necessary?, 37 TEX. L. REV. 657 (1959). † Copyright © 2016 Samuel R. Bagenstos. ‡ Frank G. Millard Professor of Law, University of Michigan Law School. This Essay is an annotated version of the William R. Stewart Lecture delivered at the Indiana University Maurer School of Law on April 13, 2016. Thanks so much to Dean Austen Parrish, Professors Ken Dau-Schmidt and Deborah Widiss, and my other terrific hosts, as well as to the editors of this law journal for helping me get this piece into publishable shape. -
Samuel Bagenstos PROVEN COMMITMENT to JUSTICE
“I’ve spent my entire career fighting to ensure that people have access to justice. On the Michigan Supreme Court, I will protect your rights and hold people and institutions – no matter how powerful – accountable.” – Samuel Bagenstos PROVEN COMMITMENT TO JUSTICE Samuel Bagenstos is a law professor at the University of Michigan and a distinguished civil rights attorney who has argued numerous cases, including four civil rights cases in front of the Supreme Court. He served as Principal Deputy Assistant Attorney General for Civil Rights under President Obama and Attorney General Eric Holder. Over the course of his career, Sam has fought for victims of the Flint water crisis, pregnant women in the workplace, equal pay protections, disability rights, workers’ rights to collectively bargain, and LGBT rights. Sam was inspired to become a lawyer by the civil rights movements of the 1960s. He graduated first in his class at Harvard Law and clerked for Supreme Court Justice Ruth Bader Ginsburg. Voting rights have been a particular focus throughout his career, from the first case he ever argued in court, Voting Rights Coalition v. Wilson, to his fight last year against Ohio’s voter-purge process. Sam is also one of the country’s leading disability rights attorneys. Sam is married to Margo Schlanger, a professor of law at University of Michigan and a leading expert on prison reform. They live in Ann Arbor with their two teenage children. Sam helped his client, Ehlena Fry (pictured here with her service dog, Wonder), win her rights under the ADA. BAGENSTOS “One of America’s top civil rights lawyers launches bid for state supreme court” – Think Progress, 3/1/18 Conservative justices have maintained control of the Michigan Supreme Court for the better part of the last twenty years. -
United States District Court Eastern District of New York
Case 1:19-cv-00463-RJD-ST Document 25 Filed 04/11/19 Page 1 of 15 PageID #: 1418 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK DR. DAVID SCHWARTZ, Case No.: 1:19-CV-463-RJD-ST Plaintiff, v. PLAINTIFF DAVID SCHWARTZ’S REPLY IN SUPPORT OF MOTION THE CITY OF NEW YORK and FOR PRELIMINARY INJUNCTION LORELEI SALAS, in her official capacity as Commissioner of the Department of Consumer Affairs, Defendants. Case 1:19-cv-00463-RJD-ST Document 25 Filed 04/11/19 Page 2 of 15 PageID #: 1419 Table of Contents Table of Authorities ........................................................................................................................ ii INTRODUCTION ...........................................................................................................................1 I. Dr. Schwartz’s counseling speech is fully protected. ..........................................................2 A. Conversations between a psychotherapist and patient are speech. ..........................2 B. Counselor-patient conversations are immune to content censorship. ......................3 C. Strict scrutiny applies to the Counseling Censorship Law. .....................................5 D. The Counseling Censorship Law fails strict scrutiny. .............................................6 E. Dr. Schwartz has standing to defend the rights of his patients. ...............................8 II. The Counseling Censorship Law is unconstitutionally vague. ............................................9 III. The Counseling Censorship Law violates free -
“Trumping” Affirmative Action
1-30-2021 “Trumping” Affirmative Action Vinay Harpalani University of New Mexico - School of Law Follow this and additional works at: https://digitalrepository.unm.edu/law_facultyscholarship Part of the Constitutional Law Commons, Education Law Commons, Law and Race Commons, and the Law and Society Commons Recommended Citation Vinay Harpalani, “Trumping” Affirmative Action, 66 Villanova Law Review Tolle Lege 1 (2021). Available at: https://digitalrepository.unm.edu/law_facultyscholarship/834 This Article is brought to you for free and open access by the School of Law at UNM Digital Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. VILLANOVA LAW REVIEW ONLINE: TOLLE LEGE 66 VILL. L. REV. TOLLE LEGE 1 “TRUMPING” AFFIRMATIVE ACTION VINAY HARPALANI* ABSTRACT This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by Students for Fair Admissions and the Department of Justice—how they have used Asian American plaintiffs and forced universities to reveal information about their admissions processes—and considers the broader social and political impact of these strategies. -
AFFIRMATIVE ACTION This Essay Examines
VILLANOVA LAW REVIEW ONLINE: TOLLE LEGE 66 VILL. L. REV. TOLLE LEGE 1 “TRUMPING” AFFIRMATIVE ACTION VINAY HARPALANI* ABSTRACT This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by Students for Fair Admissions and the Department of Justice—how they have used Asian American plaintiffs and forced universities to reveal information about their admissions processes—and considers the broader social and political impact of these strategies. The Essay also analyzes how the litigation challenging affirmative action has employed ambiguities in prior cases involving race-conscious university admissions. Although President Joe Biden’s administration can undo some of the Department of Justice’s actions, these actions have set the stage for affirmative action to be “trumped.” * Copyright © 2021 by Vinay Harpalani, Associate Professor of Law and Henry Weihofen Professor at the University of New Mexico School of Law. J.D., 2009, New York University School of Law; Ph.D., 2005, University of Pennsylvania. I thank Professor Stacy Hawkins for her helpful feedback on this Essay. Additionally, editors of the Villanova Law Review Tolle Lege—Hannah Schroer, Anna Glorioso, and Pat Smith—did an outstanding job editing this Essay and suggesting revisions.