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 of older adults — including the right to informational privacy, the right to engage in…

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 the case. Our findings further suggest that judges of all races are attentive to the…

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

Thomas L. Hafemeister and Selina Spinos
This Article 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 foundation has received virtually no attention. This Article explores that foundation and establishes the strong…

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

Travis W. England