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The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder

DePaul Journal of Women, Gender and the Law

“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …

All Is Not Fair In Love And War: An Exploration Of The Military Masculinity Myth, Meghan O'Malley

DePaul Journal of Women, Gender and the Law

Sexual assault has become pandemic and even a common occurrence among the ranks of all branches of the U.S. military. The Department of Defense estimates that in the year 2012 alone, 26,000 active duty soldiers were sexually assaulted. The military rape culture was thrust to the forefront of the media in 1991 as a result of the Tailhook Scandal. The military and Congress have not sat idly by, but twenty-three years and hundreds of thousands of assaults later, nothing has successfully alleviated the rates of sexual violence.

This paper explores why such efforts have failed to produce the desired results …

Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem

DePaul Journal of Women, Gender and the Law

This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international …

Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia

DePaul Journal of Women, Gender and the Law

Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …

Undocumented Migrants As New (And Peaceful) American Revolutionaries, Daniel Morales

College of Law Faculty

This essay situates undocumented migrants in the history of the American revolutionary period. The lawbreaking of both groups produced constructive legal and social change. For example, the masses of American revolutionaries and many of their leading men fought to rid the colonies of hereditary aristocracy. Colonists had come to cherish the proto-meritocracy that had bloomed on colonial shores and rankled at local evidence of aristocratic privilege, like the Crown’s grant of landed estates to absentee English aristocrats.Today’s equivalent hereditary aristocracy is the citizenry of wealthy democracies like the United States. Hereditary citizens use immigration restrictions to reserve the wealth and …

Material Solutions: Rectifying United States V. Natale And The Meaning Of "Material", Vaughn Bentley

DePaul Journal of Health Care Law

No abstract provided.

Those Scamming Little Rascals: Power Wheelchair Fraud And The Flaw In The Medicare System, Sydney Mayer

DePaul Journal of Health Care Law

No abstract provided.

Urging A Practical Beginning: Reimbursement Reform, Nurse-Managed Health Clinics, And Complete Professional Autonomy For Primary Care Nurse Practioners, Joy Luchico Austria

DePaul Journal of Health Care Law

No abstract provided.

Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak

DePaul Journal of Health Care Law

No abstract provided.

Table Of Contents, Depaul College Of Law

DePaul Journal of Health Care Law

No abstract provided.

Who Defines "Healthy"? Ethical Dilemmas Across Competing Interest Groups On Genetic Manipulation And Gene Patents, Haley Guion

DePaul Journal of Health Care Law

No abstract provided.

The Hospital Readmission Reduction Program: Fraud And Abuse Concerns, Courtney Mathews

DePaul Journal of Health Care Law

No abstract provided.

Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black

DePaul Journal of Health Care Law

No abstract provided.

Table Of Contents, Depaul College Of Law

DePaul Journal of Health Care Law

No abstract provided.

Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson

International Human Rights Law Journal

This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.

Brief Of Civil Procedure Scholars As Amici Curiae In Support Of Neither Party, Tyson Foods, Inc. V. Bouaphakeo (No. 14-1146), Mark Moller

College of Law Faculty

No abstract provided.

The Arrest Power Unchained, Susan Bandes

College of Law Faculty

No abstract provided.

Dialogue Magazine, Summer 2015

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …

Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland

International Human Rights Law Journal

Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …

No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin

International Human Rights Law Journal

In a region characterized by human mobility, many children in the Caribbean are born in a different country than their parents. In fact, the Caribbean is considered one of the regions with the highest percentage of people migrating. This article will analyze the root causes of statelessness for children in the Caribbean, focusing primarily on the dangerous interplay between ineffective birth registration systems and lack of safeguards for children who would be otherwise stateless. The article will also address recent shifts in migration and nationality policies in countries such as The Bahamas and the Dominican Republic that have exacerbated existing …

Empathy And Article Iii: Judge Weinstein, Cases And Controversies, Susan Bandes

College of Law Faculty

The question of whether judges ought to be empathetic has been hotly debated in recent years. This volume celebrating the life and achievements of Judge Jack Weinstein presents an ideal opportunity to productively focus and narrow the empathy debate. Problematically, this debate generally treats judging as a monolithic concept. To debate whether empathy is a desirable attribute of judges as a general matter is to overlook important distinctions between trial, appellate, and Supreme Court jurists, and between federal and state courts. Using Judge Weinstein’s approach to judging as a touchstone, I explore the role of empathy for Article III judges, …

Civil Liberties And The 'Imaginative Sustenance' Of Jewish Culture, Susan Bandes

College of Law Faculty

This short essay is included in a symposium issue entitled "People of the Book: Judaism's Influence on American Legal Scholarship." It is a meditation on how my background as a Reform Jew growing up in New York City influenced my work as a constitutional lawyer and my scholarship in the fields of criminal procedure and federal jurisdiction. As Irving Howe observed: "The imaginative sustenance that Yiddish culture and the immigrant experience could give to American Jewish writers rarely depended on their awareness or acknowledgement of its presence. Often it took the form of hidden links of attitude and value." In …

Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass

DePaul Journal of Women, Gender and the Law

Sex is an immutable characteristic; says who? As transgendered people and LGBTQQ (lesbian, gay, bisexual, transgender, queer, questioning) issues gain more traction and recognition, the clear contours of sex and gender are fading, and a more fluid concept of gender is emerging. However, the American legal system lags behind the mutability of gender in an environment where the conceptualization and understanding of gender is becoming ever more nuanced and complex. This is most apparent in the law’s treatment of transgendered marriage: a marriage involving at least one person who identifies as transgendered. A transgendered person can be defined as a …

Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn

DePaul Journal of Women, Gender and the Law

Can sadomasochism (S/M) be reconciled with feminism? When pain is pleasure and humiliation is empowerment, how should the law respond? This article investigates S/M under the legal gaze, particularly the manner in which legal theory and legal practice have constructed female masochism. This article argues that the jurisprudence of S/M is formed by the perception of the “sexual other” as a threat to the normative sexual behavior the law has worked tirelessly to maintain. Historically, society – and by extension the law – has been intolerant of behavior that transgresses sexual norms. As Laura A. Rosenbury and Jennifer E. Rothman …

We Are Family? Examining Parental Leave And Non-Normative Parents In The United States, Samantha Odyniec

DePaul Journal of Women, Gender and the Law

This article will examine parental leave and the non-normative parent. Parental leave in the United States is currently a hot-button issue. With so much focus on the “Opt-Out” Generation, “Leaning In,” and whether women can in fact “have it all,” the issues faced by parents who are not educated, upper class, and in a heterosexual marriage relationship with the biological father are often ignored in the discussion of how the law is lacking. Instead, the discussion has focused on women at the top echelon of employment. In doing this, a large segment of the population is being completely left out …

First-Year Law Students Prepare To Practice

DePaul Magazine

Preparing to Practice, a required class as of fall 2014 for all first-year law students (1Ls), provides training in professional, strategic and interpersonal skills that are critical for job hunters. Making the two-semester class a required part of the 1L curriculum ensures students are ready to apply for internships and summer jobs after their first year of law school. The College of Law will roll out the Third Year in Practice program (3YP) in fall 2016. Students who apply and are accepted will spend their entire third year participating in professional skills courses, clinics and intensive externships, along with the …

Taxing Publicly Traded Entities, Emily Cauble

College of Law Faculty

Publicly traded entities are generally treated as corporations for U.S. tax purposes. Under various exceptions, however, publicly traded entities may obtain special treatment if they earn predominately certain specified types of qualifying income. This Article examines potential rationales for granting special tax treatment to certain publicly traded entities. As the analysis in this Article will show, many of the potential rationales are unconvincing. In addition, to the extent that some rationales may be persuasive, the current rules are not designed in a way that best comports with these potential justifications. Therefore, reform is needed.To reform the current system, this Article …

Taxing Publicly Traded Entities, Emily Cauble

College of Law Faculty

Publicly traded entities are generally treated as corporations for U.S. tax purposes. Under various exceptions, however, publicly traded entities may obtain special treatment if they earn predominately certain specified types of qualifying income. This Article examines potential rationales for granting special tax treatment to certain publicly traded entities. As the analysis in this Article will show, many of the potential rationales are unconvincing. In addition, to the extent that some rationales may be persuasive, the current rules are not designed in a way that best comports with these potential justifications. Therefore, reform is needed.To reform the current system, this Article …