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Articles 1 - 19 of 19
Full-Text Articles in Law
The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin
The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin
Marquette Law Review
Reflecting back a decade later, what is the enduring significance of the Trayvon Martin case—a Black teenager whose life is violently cut short, and a legal system that accepted his death without consequence? The poet Elizabeth Alexander speaks of “The Trayvon Generation” of Black youth who have grown up in the haunting shadow of his killing, and the anguished parents who cannot protect their children from such a fate. America’s first Black president spoke for them: “When I think about this boy, I think about my own kids. If I had a son, he’d look like Trayvon,” Barack Obama told …
Necessary Coverage For Authentic Identity: How Bostock Made Title Vii The Strongest Protection Against Employer-Sponsored Health Insurance Denial Of Gender-Affirming Medical Care., Jennifer A. Knackert
Necessary Coverage For Authentic Identity: How Bostock Made Title Vii The Strongest Protection Against Employer-Sponsored Health Insurance Denial Of Gender-Affirming Medical Care., Jennifer A. Knackert
Marquette Law Review
In June 2020, the United States Supreme Court held that Title VII
protection from discrimination on the basis of sex extended to LGBTQ+
employees. The Bostock v. Clayton County, Georgia decision dealt with three
separate cases where LGBTQ+ employees had been fired from their jobs based
on either their sexual orientation or gender identity. While the shared issue in
these cases had to do with employee termination, the textualist argument
presented by the Court leads many legal scholars to believe that the holding
would be applicable to other areas of employment discrimination covered by
Title VII such as employer-sponsored healthcare …
The Interrogations Of Brendan Dassey, Brian Gallini
The Interrogations Of Brendan Dassey, Brian Gallini
Marquette Law Review
On March 1, 2006, a pair of detectives interrogated sixteen-year-old Brendan Dassey—one of two defendants prominently featured in the 2015 Netflix series Making a Murderer—for several hours about his role in the October 31, 2005, disappearance of photographer Teresa Halbach. The prosecution introduced statements obtained during that interrogation at Dassey’s trial. With no corroborating physical evidence, those statements—including that Dassey cut Halbach’s throat—played a significant role in his conviction for Halbach’s murder.
Following his conviction, Dassey’s appellate arguments about the legitimacy of his confession focused on his March 1, 2006, confession. Most recently, his petition for a writ of certiorari …
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Marquette Law Review
The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Marquette Law Review
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A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers
A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers
Marquette Law Review
The Free Exercise Clause was enacted to protect diverse modes of religious
practice. Yet certain expressions of free exercise have entailed concomitant
harm to those outside the religious community, especially LGBTQ persons.
This trend has been acutely present in the recent onslaught of wedding-vendor
cases: LGBTQ persons seek the enforcement of statutorily protected rights,
while religious objectors seek refuge from state intrusion under constitutional
shelter. Consequently, wedding-vendor cases present an area of law in which
free-exercise jurisprudence and anti-discrimination jurisprudence have been
clashing.
However, despite the primacy of religious freedom and equal protection in
American jurisprudence, courts analyze wedding-vendor cases …
"No Person . . . Shall Ever Be Molested On Account Of His Mode Of Worship Or Religious Sentiments . . . .": The Northwest Ordinance Of 1787 And Strader V. Graham, Allan W. Vestal
Marquette Law Review
The Article looks at the first article of compact of the Northwest Ordinance,
the religious liberty guarantee: “No person . . . shall ever be molested on
account of his mode of worship or religious sentiments . . . .” Congress
provided that the Northwest Ordinance articles of compact would “forever
remain unalterable.” But in a fugitive slave case from 1851, Strader v. Graham,
Chief Justice Roger Taney declared the articles of compact to be no longer in
force.
In evaluating Chief Justice Taney’s reasoning, the question posed at the
dawn of the 20th Century by historian Professor Andrew McLaughlin …
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
Marquette Law Review
Both attorneys and judges take an oath to promote justice for all, however,
that is not the case in our current system. The world we live in today looks
incredibly different than it did just a few years ago and, as a result, the practice
of law must adapt to meet the changing needs of individuals in this new era.
Notably, the access to justice problem, specifically affecting low- to moderateincome
individuals, requires a shift in the availability of legal services
provided. Limited scope representation, which has been accepted by the
American Bar Association for 20+ years, where an attorney …
The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan
The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan
Marquette Law Review
The fight for women’s equality in law has achieved a lot. Women have
made up nearly half of law students and law firm associates for the last two
decades. Despite this progress, the partnership ranks of law firms are
profoundly and intolerably sex segregated and will remain so for the
foreseeable future. Our profession, which has fought for and helped to achieve
legal equality on behalf of so many, is itself dogged by intractable inequality.
A standard set of solutions, which address structural barriers within law firms
and the effects of cognitive biases, have been urged for decades and yet …
Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions
Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions
Marquette Law Review
National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from any jurisdiction. …
Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt
Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt
Marquette Law Review
Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves are caused …
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Marquette Law Review
This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …
Smoking Guns: The Supreme Court's Willingness To Lower Procedural Barriers To Merits Review In Cases Involving Egregious Racial Bias In The Criminal Justice System, Carrie Leonetti
Marquette Law Review
The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate’s claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court appears to have started down a different road, overlooking potential procedural hurdles in several cases to uphold on the merits state inmates’ claims that their criminal trials were tainted by explicit race discrimination. While these cases taken together seem to suggest that the Court is willing to address …
Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk
Marquette Law Review
In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has described …
What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey
What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey
Marquette Law Review
Rarely has a court’s opinion, even one from the Supreme Court of the United States, so altered existing notions of constitutional criminal procedure law as did the opinion in Terry v. Ohio. On several levels, the opinion dramatically shifted the way in which the Fourth Amendment was understood. Law students who had learned about the probable cause “requirement” and the warrant “requirement” were surprised to learn, especially in the case of the former, that these “requirements” were not required at all. To continue to conceptualize the Fourth Amendment’s single sentence guarantees as consisting of a “warrant clause” and a “reasonableness” …
Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid
Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid
Marquette Law Review
In 1996 the United States Congress passed the Defense of Marriage Act, which codified the federal definition of marriage as between one man and one woman. But in 2013 the United States Supreme Court struck down this definition of marriage and, for the first time, the federal government began recognizing same-sex marriages. However, many states, including Wisconsin, continued to have state bans on same-sex marriage, and many of these bans have recently been challenged in state and federal courts. The effect of this has been a patchwork of laws that provide same-sex couples different rights based upon the state in …
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Hallows Lecture: Screws V. United States And The Birth Of Federal Civil Rights Enforcement, Paul J. Watford
Marquette Law Review
none
Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato
Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato
Marquette Law Review
none
Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance, Natalie S. Neals
Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance, Natalie S. Neals
Marquette Law Review
This Comment critically analyzes the split in the circuits over the second prong of the Ellerth/Faragher defense. Further, this Comment predicts how the Seventh Circuit will rule on this split. The Ellerth/Faragher defense is an affirmative defense available to employers who would otherwise be held liable for their supervisors’ harassing acts in hostile work environment situations. There are two prongs to the defense: (1) “the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior” and (2) “the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to …