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Foreword

Feb 25, 2020 | Collection, Foundational Voices in 2020 and Beyond, Law, Thomas Wm. Mayo

By Thomas Wm. Mayo Twitter | SSRN Abstract It is an honor to offer an introduction to this first curated collection of articles for the SMU Law Review Association’s new online journal, the SMU Law Review Forum. I want first to comment briefly on the articles and...

Disability Rights and the Discourse of Justice

Feb 25, 2020 | Collection, Disability Law, Foundational Voices in 2020 and Beyond, Samuel R. Bagenstos

By Samuel R. Bagenstos Twitter | SSRN Abstract Although the ADA has changed the built architecture of America and dramatically increased the visibility of disabled people, it has not meaningfully increased disability employment rates. And the statute continues to...

A “Meaningful” Seat at the Table: Contemplating Our Ongoing Struggle to Access Democracy

Feb 25, 2020 | Civil Rights and Discrimination Law, Collection, Election Law, Foundational Voices in 2020 and Beyond, James M. Binnall

By James M. Binnall Twitter | SSRN Abstract In recent years, felon-voter disenfranchisement has received considerable attention from academics, policymakers, and the media. In turn, a number of jurisdictions have eased record-based voter restriction statutes. And...

Beyond Equality and Discrimination

Feb 25, 2020 | Collection, Foundational Voices in 2020 and Beyond, Law, Martha Albertson Fineman

By Martha Albertson Fineman Twitter | SSRN Abstract The societal frame of the “economically disadvantaged” is rooted in a distinction between a conceptual status of equality and the actuality of discrimination and disadvantage. This paradigm provides the governing...

Erasing Race

Feb 25, 2020 | Civil Rights and Discrimination Law, Collection, Foundational Voices in 2020 and Beyond, Labor and Employment Law, Law and Race, Llezlie L. Green, Social Welfare Law

By Llezlie L. Green Twitter | SSRN Abstract Low-wage workers frequently experience exploitation, including wage theft, at the intersection of their racial identities and their economic vulnerabilities. Scholars, however, rarely consider the role of wage and hour...

What Can We Expect of Law and Religion in 2020?

Feb 25, 2020 | Collection, Foundational Voices in 2020 and Beyond, Law and Society, Leslie C. Griffin, Religion Law, Supreme Court of the United States

By Leslie C. Griffin Twitter | SSRN Abstract The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person...

Immigration Challenges of the Past Decade and Future Reforms

Feb 25, 2020 | Civil Rights and Discrimination Law, Collection, Fatma Marouf, Foundational Voices in 2020 and Beyond, Immigration Law, Law and Race, Law and Society

By Fatma Marouf Website | SSRN Abstract Over the past decade, immigrants have faced numerous challenges in the United States, including a dramatic increase in deportations, the expansion and privatization of immigration detention, major changes to the asylum system...

Representing Veterans

Feb 25, 2020 | Civil Rights and Discrimination Law, Collection, Constitutional Law, Foundational Voices in 2020 and Beyond, Jennifer D. Oliva

By Jennifer D. Oliva Twitter | SSRN Abstract Federal law has long deprived American veterans of certain fundamental legal rights enjoyed by non-veterans and attributable to veteran sacrifice. Federal case law, for example, denies veterans the right to bring an action...

Rethinking Foster Care: Why Our Current Approach to Child Welfare Has Failed

Feb 25, 2020 | Christopher Church, Collection, Family Law, Foundational Voices in 2020 and Beyond, Juvenile Law, Social Welfare Law, Vivek Sankaran

By Vivek Sankaran & Christopher Church Prof. Sankaran: Twitter | SSRN Prof. Church: SSRN Abstract Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant...

The Indigenous Decade in Review

Feb 25, 2020 | Christine Zuni Cruz, Collection, Foundational Voices in 2020 and Beyond, Indian and Aboriginal Law, Land Use Law, Social Welfare Law

By Christine Zuni Cruz Website | SSRN Abstract This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with...
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