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Meaningless Dna: Moore’S Inadequate Protection Of Genetic Material, Natalie Alexander

Dickinson Law Review (2017-Present)

Moore v. Regents of the University of California represents the seminal case regarding the protection of genetic material. In this case, the California Supreme Court held that patients do not retain property rights in their excised genetic material; instead, informed consent laws serve as genetic material’s only protection. Many states have accepted the Moore court’s decision not to extend property rights to genetic material, and most states choose to protect genetic material through informed consent alone. Moore and informed consent do not adequately protect genetic material, creating unjust results in which “donors” of genetic material have little to no recourse …

Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry

Washington Law Review

Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …

Racial Disparities In South Carolina's Juvenile Justice System: Why They Exist And How They Can Be Reduced, Grace E. Driggers

South Carolina Law Review

No abstract provided.

Child Of The Dream: A Memoir Of 1963, Taylor Bitton

Children's Book and Media Review

It's January 1963, and Sharon Robinson has just turned thirteen years old. As the daughter of baseball legend Jackie Robinson, she has many more opportunities than most people of her race at that time. She saw her first concert live at the Apollo theater, she lives in a wealthy neighborhood, and her family has many connections to major figures, like Martin Luther King Jr. But Sharon's life is far from perfect. She's not totally removed from racial prejudice at school, and her family is experiencing some turmoil as her brother Jackie Jr. rebels and struggles to find his place in …

The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor

Brigham Young University Prelaw Review

Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.

Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran

South Carolina Law Review

No abstract provided.

Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan P. Feingold

South Carolina Law Review

No abstract provided.

How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves

Dickinson Law Review (2017-Present)

No abstract provided.

Race Before Nation: African American Activists And Their Response To The War In Vietnam, Nicholas L. Busby

Grand Valley Journal of History

The escalation of America’s war in Vietnam coincided with the culmination of the long-fought civil rights movement. Most, if not all, Black leaders voiced opposition to the Vietnam War before the end of the 1960s. However, it was the racially disproportionate statistics in the military in the early years of the conflict to activists fracture within the movement. Regardless of when individual Black leaders spoke out, what they specifically spoke out against, and how radically they voiced opposition, Black leaders put race before nation when voicing an opinion on Vietnam.

An Unfulfilled Promise: Section 1557'S Failure To Effectively Confront Discrimination In Healthcare, Majesta-Doré Legnini

William & Mary Journal of Race, Gender, and Social Justice

When the Patient Protection and Affordable Care Act passed, it offered a broad promise to provide access to quality care on a nondiscriminatory basis. To achieve nondiscrimination, Congress included Section 1557, which integrated the nondiscrimination protections granted under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments, Section 504, and the Age Discrimination Act. The language of the statute has proved that the section cannot achieve its broad promise. Covering only intentional discrimination and usually interpreted to divide the standard so that intersectional discrimination cannot be redressed, Section 1557 fails to address discrimination in …

Signed, Sealed, Delivered? Problems With The Use Of Signature Matching To Verify Mail Voter Identity

Florida A & M University Law Review

During the 2020 election, the basic struggle to balance ballot access and election integrity played out in a more public fashion than at any time in recent memory. This begs several important questions. First, how did the American election system get to this point? The legal standards governing election law have long been debated and that uncertainty unleashed a flood of litigation in 2020. Second, why use signature matching—a practice which is methodologically unsound and steadily falling out of use—at all? The use of handwritten signatures to verify identity rather than to evidence attestation is on the decline in other …

Off-White: Al-Khazraji And Shaare Tefila's Potential To De-Essentialize Antidiscrimination Law

Florida A & M University Law Review

The figure of the Arab Jew has historically occupied a space at the margins of Jewish life, rendered peripheral or even invisible by a lens trained on the experiences of Jews of European descent. Drawing in part from the academic lineage of Kimberl´e Kimberle Crenshaw’s theory of intersectionality, American Jews of Arab and Middle Eastern descent (“Mizrahi Jews”) are increasingly joining their Israeli counterparts and Jews of color in the United States in challenging the naturalization of Jewish whiteness in the popular imagination. In a striking parallel between this groundswell of community theorizing and legal strategy, the Supreme Court in …

Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction

Florida A & M University Law Review

Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …

The Integration Of Black Students At Asbury Theological Seminary, Thomas Hampton

The Asbury Journal

This article explores the process of racial integration at Asbury Theological Seminary, especially through the lens of its African American students, who began taking classes in 1958. Of particular importance is the response of the local community in Wilmore and Jessamine County, Kentucky, which was strongly opposed to the move and led to a shooting incident at the Seminary’s administration building which made national news at the time. With material drawn from an interview with Rev. Douglass Fitch, one of the first two students to a tuned the seminary, it notes how the support of some administrators, Free Methodist students, …

Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani

South Carolina Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

Table of Contents

Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman

SMU Law Review

The Texas Heartbeat Act (SB8) prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the law adopts a unique enforcement scheme—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.

In a series of articles, we explore how SB8’s exclusive reliance on private enforcement creates procedural and jurisdictional hurdles to challenging the law’s constitutional validity and obtaining judicial review. This piece explores defensive litigation, in which …