Civil Rights

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Essay
85.2
The Wrong Rights, or: The Inescapable Weaknesses of Modern Liberal Constitutionalism
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law; the Peter and Kirsten Bedford Senior Fellow, The Hoover Institution; and Senior Lecturer, The University of Chicago Law School

My thanks to Julia Haines and Manuel Valle, The University of Chicago Law School, Class of 2017, and Kenneth Hersey and Jonathan Povilonis, NYU School of Law, Class of 2018, for their usual excellent research assistance.

Professors Tom Ginsburg, Aziz Huq, and Mila Versteeg (GHV) have written a mile-a-minute, and decidedly one-sided, account of the decline and fall of liberal constitutionalism throughout the world in the past generation.

Civil Rights Constitutional Law
2
Article
75.2
Affirmative Action in Law School Admissions: What Do Racial Preferences Do?
Jesse Rothstein
Assistant Professor of Economics and Public Affairs, Princeton University
Albert H. Yoon
Professor of Law and Professor of Political Science (by courtesy),Northwestern University

We are thankful for comments from workshop participants at the American Bar Foundation, the National Bureau of Economic Research, and The University of Chicago; and from Douglas G. Baird, Richard Brooks, David Gerber, Lani Guinier, John Heinz, Bill Kidder, Richard Lempert, Tracey Meares, Randall Picker, Eric Posner, Max Schanzenbach, Stephen M. Shavell, David Weisbach, Justin Wolfers, and Robert Yalen. We thank the Andrew W. Mellon Foundation for financial support.We alone are responsible for the contents and for all remaining errors.

Civil Rights Education Empirical Analysis Legal Profession
2
Article
79.2
After Class: Aggregate Litigation in the Wake of AT&T Mobility v Concepcion
Myriam Gilles
Professor of Law, Benjamin N. Cardozo School of Law
Gary Friedman
Attorney, Friedman Law Group LLP

Sincere thanks to Ed Brunet, Arthur Bryant, Sergio Campos, Howard Erichson, Brian Fitzpatrick, Samuel Issacharoff, Margaret Lemos, David Marcus, Geoffrey Miller, Alexander Reinert, Judith Resnik, Charles Silver, Alex Stein, Stewart Sterk, Jean Sternlight, James Tierney, Stephen Ware, and Adam Zimmerman, as well as participants in the Cardozo Law School summer brown bag series, for thoughtful comments. All errors are our own.

Arbitration Civil Rights Class Actions Remedies
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Comment
84.3
Revitalizing the Law That “Preceded the Movement”: Associational Discrimination and the Rehabilitation Act of 1973
Bianca G. Chamusco
The University of Chicago; MA 2014, The University of Chicago; JD Candidate 2018, The University of Chicago Law School

A deaf man is admitted to the hospital for emergency surgery. The hospital, unable to locate an available American Sign Language interpreter, relies on the man’s children to communicate with him.

Americans with Disabilities Act Associational Standing Civil Rights Disability Law

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