Digital Commons Network^™

Out Of 'Control': The Operation Gold Exception And The Ncaa’S Susceptibility To Lawsuit Under Title Vi, Rob C. Burns

Rob C Burns

This Note looks at the bylaws of the NCAA and argues that certain bylaws concerning athletes competing in the Olympic Games, which permit American athletes to receive medal bonuses that their foreign counterparts cannot, are discriminatory on the basis of national origin in violation of Title VI of the Civil Rights Act.

Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats

Jacqueline M Prats

In 2012, the Supreme Court upheld the Patient Protection and Affordable Care Act (ACA). Even as the Court deliberated, a number of for-profit employers prepared to challenge the law—not the Act as a whole, but a specific part: the requirement that insurance plans cover contraceptives for women, free of co-pay or other cost-sharing. Although their companies were secular, these business owners claimed that the “contraception mandate” violated not only their religious beliefs, but also those of their companies. They challenged the ACA under both the Free Exercise Clause of the First Amendment and a federal statute called the Religious Freedom …

Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer

Richard M Weinmeyer

Since the early 1990s, legislative and policy reforms have spurred the inclusion of women of childbearing potential in clinical research overseen by the National Institutes of Health and the U.S. Food and Drug Administration. Pregnant women have received no such help, however, despite the tremendous medical needs of this important demographic. This article argues that the exclusion of pregnant women from biomedical research in the United States constitutes sex discrimination as a matter of public policy given the interpretation of existing regulations governing human subjects protections. The current regulations that are in place guiding research on human subjects treat pregnant …

The Natural Rights Of Children, Walter E. Block

Walter E Block

No abstract provided.

Id, Please, Alexandra Smith

Alexandra Smith

ABTRACT ID, Please By Alexandra Smith Over the past decade a series of new federal and state laws have been enacted demanding identification as a pre-requisite for obtaining services. The initial impetus of the federal and state identification laws was to stop terrorism, money laundering, and vote fraud. The reality is that these laws affect much more than terrorists. Surprisingly, many people do not have government-issued identification; the impact of these new laws leave some people in precarious situations with “no way out”. This note will focus on the change in identification requirements from the year 2001 to 2013 examining …

Future Of Legal Aid, Wayne Moore

wayne moore

The Future of Legal Aid

Abstract

This article predicts the future of legal aid in the U.S. It begins by examining the tools other countries use for shaping the future of legal aid and explains why these methods will not work in the U.S. It also acknowledges that changes that require a significant increase in funding are not likely to occur in the foreseeable future. What’s left are methods that allow providers to do more with the resources they have, namely the adoption of systems. The U.S. is currently experiencing a revolution in the use of systems to expand and …

A Market For Tax Compliance, Walter E. Afield Iii

Walter E Afield III

It is becoming increasingly clear that, due to political realities and budgetary constraints, the IRS is going to have to attempt to enforce the tax laws by doing more with less. Current enforcement efforts have yielded a tax gap (i.e., the difference between the amount of taxes that should be paid and the amount that are collected) of roughly $450 billion annually. Faced with this task, one of the steps that the IRS has recently taken is to try to improve the quality in services performed by paid tax preparers, a group that historically has been subject to little IRS …

Weather Permitting: Incrementalism, Animus, And The Art (And Sometimes Artifice) In Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho

Jeremiah A Ho

Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus-focused jurisprudence for lifting the discrimination against …

Social Framework Studies Such As “Women Don’T Ask” And “It Does Hurt To Ask” Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff

Andrea Doneff

Social Framework evidence has been used for many years to explain how statements or actions indicate discriminatory motive. For example, social framework evidence helps us understand how statements that a woman should dress more femininely or attend charm school near the time of a decision not to offer her partnership demonstrate stereotyped behavior and therefore indicate discriminatory motives for the employment decision. Recent social framework studies show that women often do not negotiate on their own behalf and, when they do, they are perceived negatively by both men and women. Complementary studies show that negative perceptions play out over the …

Is Brown Holding Us Back? Moving Forward, Sixty Years Later, Palma Joy Strand

palma joy strand

Brown v. Board of Education brought the democratic value of equality to U.S. democracy, which had previously centered primarily on popular control. Brown has not, however, resulted in actual educational equality—or universal educational quality. Developments since Brown have changed the educational landscape. While the social salience of race has evolved, economic inequality has risen dramatically. Legislative and other developments have institutionalized distrust of those who do the day-to-day work of education: public schools and the teachers within them. Demographic and economic shifts have made comprehensive preschool through post-secondary education a 21st-century imperative, while Common Core Standards represent a significant step …

Something To Lex Loci Celebrationis: Federal Marriage Benefits Following United States V. Windsor, Meg Penrose

Meg Penrose

This article provides one of the first substantive treatments of United States v. Windsor, the Supreme Court's recent same-sex marriage case. The article's thesis proposes lex loci celebrationis (the place of marriage) as the proper method for determining marriage for federal law purposes. Failure to adopt lex loci celebrationis may violate the Fifth Amendment equal protection guarantee or the constitutional right to travel. Further, adoption of the lex loci celebrationis standard furthers marital stability and predictability.

Health Care, Title Vi, And Racism’S New Normal, Dayna B. Matthew

Dayna B Matthew

HEALTH CARE, TITLE VI, AND RACISM’S NEW NORMAL Dayna Bowen Matthew ABSTRACT An estimated 84,570 minority patients die annually due to health care disparities that result from the unconscious racism that pervades American health care. Over a decade ago, the Institute of Medicine (IOM) reviewed the egregious inequalities that black and brown patients suffer when they seek medical care for heart disease, diabetes, cancer, asthma, pain, strokes and virtually every disease, illness or malady. The IOM report identified physician stereotypes, bias, and prejudice as a possible reason for these disparities, but could not explain exactly why biases caused minority patients …

The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, Lee Adams

Lee Adams

This year marks the thirtieth anniversary of the International Labour Organization’s (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines ILO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …

Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed

Abraham Z Melamed

No abstract provided.

Flemming Rose's Rejection Of The American Free Speech Canon And The Poverty Of Comparative Constitutional Theory, Robert Kahn

Robert Kahn

In the fifteen page English language excerpt of his recent memoir The Tyranny of Silence, Danish publisher Flemming Rose gave an extended defense of his decision to run the cartoon images of the Prophet Mohammed. Current First Amendment doctrine almost certainly would treat this act as protected speech. But Rose barely mentions the First Amendment. Instead, he develops a highly personal theory of speech based on his experience in the Soviet Union and discussions with Salman Rushdie. Like many American legal academics Rose opposes bans on hate speech, but he does so for different reasons.

From a comparative law …

A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir

Isaac Kfir

Since 9/11, the UN’s counter-terrorism regime has developed two distinct approaches on combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. The General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the application of UN policy …

Lights, Camera, Arrest: The Stage Is Set For A Federal Resolution Of A Citizen's Right To Record The Police In Public, Taylor R. Robertson

Taylor R Robertson

Grab your cellphone, press the record button, and amaze your friends!

No advertisement like this exists in real life, of course, because the action is already universally automatic—it needs no encouragement or instruction. But aim the camera at the police and you could be arrested and face up to fifteen years in prison under some eavesdropping or wiretapping laws simply for recording the police in public speaking at volumes audible to any unassisted ear. While wiretapping laws were originally intended to protect citizens from the snooping detective, some states have effectively turned these laws into government protection from the watchful …

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.

Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks

Roy L. Brooks

Abstract

Modern slavery is defined as human exploitation over a period of time effectuated through coercion, fraud or trickery. An estimated 12.3 million people worldwide are held in some form of modern slavery, including forced labor, bonded labor, forced child labor, and sexual servitude. Children and women bear the brunt of modern slavery. Divided into three stages—trafficking, exploitation, and post-conflict—modern slavery has attracted much scholarly interest in recent years. However, relatively little scholarly attention has been given to the post-conflict stage. This article attempts to initiate such discussion by drawing upon the reparative framework crafted in the years since the …

Victim Impact Evidence: An Analysis On The Effect Of Victim Impact Evidence On The Sentencing Stage In Death-Penalty Cases And Potential Reforms, Kyle W. Kahan

Kyle W Kahan

No abstract provided.

Rights And Obligations Of Spouses In I.R. Iran's Law In Comparison With R. Armenia's, Gholam Reza Shirazi

Gholam Reza Shirazi

Abstract The goal of this study is to achieve an answer to what the regulated reciprocal rights and duties of spouses in family institution based on legislations of Iran and Armenia is. The library-analytical method is the basis for this research. In legislation of both countries the mutual love and respect, the mutual assistance and responsibility are the basis to make up a family and self-willed interference into family issues is not allowed. According to R. Armenia's legislation property obtained by spouses during marital life is in their joint ownership unless a contract between them establishes otherwise, but in IR. …

Social Capital: Friend Or Foe In The Lives Of Two Prominent Incarcerated Individuals, Froswa Booker-Drew

Froswa Booker-Drew

No abstract provided.

U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne

Allison Rogne

It is a well-established principle, both domestically and internationally, that rape is torture when suffered as part of confinement. It is also well documented, both domestically and internationally, that rape is rampant in U.S. prisons. And it is well established, both domestically and internationally, that those who torture should not do so with impunity, that that impunity is an affront to civilization and the human rights principles to which we all strive. And yet, in U.S. prisons, shocking numbers of women are systematically raped and sexually abused by those that would rehabilitate them. Female prisoners are victims of vaginal and …

It’S Gender, Stupid: Towards A Multifaceted Response To Forced Marriage In The United States, Aryn Seiler

Aryn Seiler

No abstract provided.

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson

marla j ferguson

The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …

Fetal Personhood Laws As Limits To Maternal Personhood At Any Stage Of Pregnancy: Balancing Fetal & Maternal Interests At Post-Viability Among Fetal Pain & Fetal Homicide Laws, Bernice M. Bird

Bernice M. Bird

Collectively, fetal pain and homicide laws serve to effectively diminish maternal personhood at any stage of pregnancy. At pre-viability, fetal pain laws unconstitutionally infringe on women’s right to reproduce without state interference, as reaffirmed in Planned Parenthood of Southeastern Pennsylvania v. Casey. In tandem, at post-viability, fetal homicide laws act as undue burdens because the laws lack life or health exceptions to maternal prosecution for the death of the fetus. Ultimately, both types of laws encroach on women's liberty interests to continue or terminate pregnancies at all stages. This paper proposes that state fetal pain and homicide laws should only …

Probable Cause On A Leash, Taylor D. Phipps

Taylor D Phipps

This article develops in four parts. Part II of this article explores the historical evolution of Supreme Court caselaw and the Court’s recent decision in Florida v. Harris.[1] This article attempts to enlighten the Court’s standard in Harris by looking to prior caselaw and discusses why courts should interpret the holding in a way that allows defendants to challenge the legitimacy and accuracy of training and certification programs. If applied incorrectly, Harris will violate the Fourth Amendment and allow searches to occur on less than probable cause. Part III reviews the fallibility of drug detection dogs and the diversity …

Wired Women: Understanding And Reaching The 18-24 Year Old Women Of Today, Jessica David

Renée Crown University Honors Thesis Projects - All

Wired Women represent a segment of the larger millennial generation that has not previously been looked at as a singular target. Previous generational spans of 15-20 have until now successfully identified people of similar tastes, behavior and experience. The increased rate of technological discovery and innovation that has taken place over the past 25 years has caused a generational divide within millennials. It is necessary that this group of 18-24 year old women be examined separately from older millennial women as well as their same-aged male cohorts.

18-24 year old women represent an opportunity for advertisers to reach a group …

Virginia: How Does The Affordable Care Act Affect Workers’ Compensation In The Commonwealth?, Elisabeth M. Wright

Elisabeth M Wright

No abstract provided.

The Parent Trap: The Unconstitutional Practice Of Severing Parental Rights Without Due Process Of Law, Kendra H. Fershee

Kendra H Fershee

In 1997, Congress passed the Adoption and Safe Families Act (ASFA) to stem what it perceived to be an overreliance by states on foster care to provide a safe place for children whose parents had been accused of abuse or neglect. Prior to ASFA, many children were placed in foster care for extended periods of time while their parents were evaluated for their fitness and rehabilitative efforts were made to reunify families. Congress considered the time children spent in foster care as damaging to them because it left them uncertain about where they would live in the future. Congress, in …