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Full-Text Articles in Law
Vol. 27 Masthead
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
When Handcuffs Replace Detention Slips: Reducing The Criminalization Of Students By Filling In Gaps In Fourth Amendment Doctrine, Julia Eger
University of Pennsylvania Journal of Law and Social Change
The presence of School Resource Officers (SROs) in today’s schools puts students at risk of being arrested for a variety of non-dangerous behaviors that schools would otherwise address through the school discipline process. This issue disproportionately affects students of color, and their interactions with SROs detract from their education and harm their futures. Current doctrine makes it extremely difficult for students to challenge school-based arrests and their disparate racial impact. Many experts call for schools to eliminate SRO programs, but this is unlikely to happen in the near future. Therefore, solutions that mitigate the negative effects of these programs are …
Unions, Black Worker, And Criminal Records: Reckoning With The Labor Movement's History Of Racial Discrimination Should Lead It Into The Future, Ty Parks
University of Pennsylvania Journal of Law and Social Change
Since the 1970s, the Labor Movement has been debilitated by a dramatic decline in union membership. However, in recent years, public approval of unions and unionization rates have increased, indicating the potential for Labor’s resurgence. Ironically, the same demographic of workers that unions have historically excluded are the workers leading these unionization efforts. Labor statistics illustrate that Black and brown workers are predominantly responsible for the current dynamism in the Labor Movement. To capitalize on this resurgence and lead the Labor Movement into the future, this Comment urges Labor to prioritize mobilizing workers of color.
With respect to this charge, …
Caged Birds And Those That Hear Their Songs: Effects Of Race And Sex In South Carolina Parole Hearings, David M. N. Garavito, Amelia Courtney Hritz, John H. Blume
Caged Birds And Those That Hear Their Songs: Effects Of Race And Sex In South Carolina Parole Hearings, David M. N. Garavito, Amelia Courtney Hritz, John H. Blume
University of Pennsylvania Journal of Law and Social Change
When most incarcerated persons go before the parole board, they hope that the decision whether to release them will be based on their institutional record; put differently, that the board will consider the use of opportunities available in prison, rehabilitation, and likelihood of success outside the carceral environment. However, numerous persons with excellent records and reentry plans are denied parole every year. Why? The actual variables that influence parole board decision making are often a mystery; parole rejections are left unexplained or opaque. Empirical research examining what drives parole outcomes is scarce, yet this research is necessary given the power …
Resurrecting The Rent Strike Law, Greg Baltz
Resurrecting The Rent Strike Law, Greg Baltz
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
We Have The Right To Play, Duane Rudolph
We Have The Right To Play, Duane Rudolph
University of Pennsylvania Journal of Law and Social Change
This article evaluates landmark cases spanning almost seven decades from the Supreme Court of the United States dealing with sexual orientation and gender identity. The cases are as follows: (1) One, Inc. v. Olesen (1958); (2) Boutilier v. Immigration and Naturalization Service (1967); (3) Baker v. Nelson (1972); (4) Rowland v. Mad River Local School District (1985); (5) Bowers v. Hardwick (1986); (6) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995); (7) Romer v. Evans (1996); (8) Boy Scouts of America v. Dale (1996); (9) Lawrence v. Texas (2003); (10) United States v. Windsor (2013); (11) Hollingsworth …
Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu
Out Of Sight, Out Of Mind: Removing Unhoused People By Proxy Of Mental Illness, Carl Wu
University of Pennsylvania Journal of Law and Social Change
Across the United States, various legal mechanisms have subjected unhoused people to cruel practices that seek to remove them from public view. These practices have included laws that criminalize sleeping in public. Following a decades-long series of Supreme Court decisions, the Ninth Circuit recently struck down these “anti-homeless” laws under the Eighth Amendment’s ban on Cruel and Unusual Punishment and held that one’s status and unavoidable conduct resulting from that status could not be criminalized. Since 2022, a second wave of removal has emerged. California and New York City have both enacted initiatives, shrouded under the guise of a “compassionate” …
Masthead
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Anti-Bds Laws And The Politics Of Political Boycotts, Osama Alkhawaja
Anti-Bds Laws And The Politics Of Political Boycotts, Osama Alkhawaja
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Best Protection Is Abstinence (From Funding): The Illegality And Unconstitutionality Of Abstinence-Only Sex Education In The United States, Haley Ferise
University of Pennsylvania Journal of Law and Social Change
The United States funds abstinence-only sex education through a variety of spending programs, such as the Title V Sexual Risk Avoidance Education (SRAE) program. Receiving abstinence-only sex education is correlated with higher teen pregnancy rates, more frequent instances of sexually transmitted diseases and infections among young people, young people’s engagement in sexual activity with a greater number of partners, and even a reduced average age of engagement in vaginal intercourse. Federal funding of programs which carry these risks must cease immediately. Scholars and litigants have raised challenges to the constitutionality of programs like SRAE; legal scholar James McGrath purports that …
From Trauma To Transformation: Trauma-Informed Pedagogy In Law School, Angela P. Harris, Monika B. Kashyap
From Trauma To Transformation: Trauma-Informed Pedagogy In Law School, Angela P. Harris, Monika B. Kashyap
University of Pennsylvania Journal of Law and Social Change
In this essay, we seek to expand the meaning of “trauma” by aligning trauma-informed pedagogy with principles of disability justice and progressive critiques of legal education. We argue first that the existence of trauma is not a sign of individual brokenness or deficiency, but rather should be taken as a warning about broken or deficient social institutions or practices. This approach to trauma recognizes the potential of those who experience trauma—whose bodies and minds bear the marks of both subordination and resilience—to contribute to institutional and structural transformation. We use as an example the trauma too often experienced in law …
The Hazy Employment Protections For Medical Marijuana Users In The Pennsylvania Medical Marijuana Act, Kathryn M. Capizzi
The Hazy Employment Protections For Medical Marijuana Users In The Pennsylvania Medical Marijuana Act, Kathryn M. Capizzi
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi
Anti-Carceral Human Rights Advocacy, Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi
University of Pennsylvania Journal of Law and Social Change
The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little scholarship explicitly linking abolition to international human rights, there are scholars and advocates who implicitly echo abolitionist theories by critiquing the international human rights regime's overreliance on criminal law. These critics argue that relying on carceral institutions to address impunity for human rights abuses and promote gender justice does little to …
Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson
Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
California High: A Note On Enforcement Of The Harrison Act, Lawrence M. Friedman, Omar Vasquez Duque
California High: A Note On Enforcement Of The Harrison Act, Lawrence M. Friedman, Omar Vasquez Duque
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Internet Human Rights, Michael J. Kelly, David Satola
Internet Human Rights, Michael J. Kelly, David Satola
University of Pennsylvania Journal of Law and Social Change
The rate at which Internet connectivity is spreading is matched only by the increasing amount of time people spend online. Today over 5 billion humans access the Internet; the overwhelming majority of them engage in social media, and almost all of them live out key aspects of their daily lives digitally. Human rights are universal in the sense that they apply to everyone, everywhere. And while there are indicators that they apply in cyberspace, how they apply is a different story.
Now, as the Universal Declaration of Human Rights (UDHR) turns 75, we wonder how many of those rights accompany …
Socio-Philosophical Ontology: Supraorganic Emergence Of Social Reality, René Reich-Graefe
Socio-Philosophical Ontology: Supraorganic Emergence Of Social Reality, René Reich-Graefe
University of Pennsylvania Journal of Law and Social Change
This article develops and defends a general theory of supraorganic emergence of social reality which, as a base model, is also claimed to causally underpin all instances of sociolegal emergencenamely, the collectivist and wholistic organizational process of a given society that, over large, intergenerational timescales, produces sociolegal rules and practices in terms of legal-system social institutions on the one hand (for example, the first-tier legal recognition and organization of businesses as partnerships and corporations) and legal-system social laws on the other hand (for example, the second-tier legal recognition and organization of certain intra-business fiduciary duties among business owners and managers). …
Identity Annexation: Israel's Non-Territorial And Psychic Annexation Of West Bank Samaritans In The Occupied Palestinian Territories, Zeina Jallad
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Autonomous Vehicles And The Future Of Transit For Individuals With Disabilities, John F. Saylor
Autonomous Vehicles And The Future Of Transit For Individuals With Disabilities, John F. Saylor
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Bike Life, Cultural Conflict, And The City, Jordan Konell
Bike Life, Cultural Conflict, And The City, Jordan Konell
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Linguistic Rights For Minorities And The Quest For Equality: The Case For Arab-Palestinians In Israel, Yousef T. Jabareen
Linguistic Rights For Minorities And The Quest For Equality: The Case For Arab-Palestinians In Israel, Yousef T. Jabareen
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Funding The Unfunded Non-Mandate: An Equal Justice Case For Adequate Funding Of Public Defense, Jay C. Hauser
Funding The Unfunded Non-Mandate: An Equal Justice Case For Adequate Funding Of Public Defense, Jay C. Hauser
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
2022 Edward V. Sparer Symposium Keynote Lecture, Deborah N. Archer
2022 Edward V. Sparer Symposium Keynote Lecture, Deborah N. Archer
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
After Denial: Imagining With Education Justice Movements, Zoe Masters
After Denial: Imagining With Education Justice Movements, Zoe Masters
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Curbing Concepcion: How States Can Ease The Strain Of Predispute Arbitration To Counter Corporate Abusers, Cameron Molis
Curbing Concepcion: How States Can Ease The Strain Of Predispute Arbitration To Counter Corporate Abusers, Cameron Molis
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Facial Recognition In China: Current Status, Comparative Approach And The Road Ahead, Yan Luo, Rui Guo
Facial Recognition In China: Current Status, Comparative Approach And The Road Ahead, Yan Luo, Rui Guo
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Naacp's Rape Docket And The Origins Of Criminal Procedure, Scott W. Stern
The Naacp's Rape Docket And The Origins Of Criminal Procedure, Scott W. Stern
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Reverse Integration: Centering Hbcus In The Fight For Educational Equality, Stacy Hawkins
Reverse Integration: Centering Hbcus In The Fight For Educational Equality, Stacy Hawkins
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
In-And-Out Justice: How The Acceleration Of Families Through Immigration Court Violates Due Process, J. Nicole Alanko
In-And-Out Justice: How The Acceleration Of Families Through Immigration Court Violates Due Process, J. Nicole Alanko
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
When Righteousness Fails: The New Incentive For Reparations For Slavery And Its Continuing Aftermath In The United States, Tuneen E. Chisolm
When Righteousness Fails: The New Incentive For Reparations For Slavery And Its Continuing Aftermath In The United States, Tuneen E. Chisolm
University of Pennsylvania Journal of Law and Social Change
No abstract provided.