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Articles 31 - 60 of 70
Full-Text Articles in Law
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake
Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik
Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Table Of Contents, Tabitha Johnson
Table Of Contents, Tabitha Johnson
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye
The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye
University of Massachusetts Law Review
The Ebola virus and its now infamous 2014 West African outbreak have constituted the deadliest and most terrifying epidemic of recent memory. Not only does the epidemic now carry an already ghastly backdrop in the public mind when discussions around it begin, but, like the AIDS epidemic, cultural practices have contributed to the entrenchment of Ebola in Africa, compounded by weak human rights laws and stigmatization, all of these factors having contributed to the multi-faceted and complex nature of addressing the problem of eliminating this disease in Africa. This article examines the African countries that have been plagued by the …
Rethinking Red Lights: An Economic Approach To Appalachian Prostitution Laws, Kandi Spindler
Rethinking Red Lights: An Economic Approach To Appalachian Prostitution Laws, Kandi Spindler
DePaul Journal of Women, Gender and the Law
The legal discourse surrounding prostitution frequently drowns out the voices of sex workers themselves by focusing on questions of morality. But ignoring the voices of those affected by prostitution laws also ignores the driving force behind prostitution: economics. This Note departs from a traditional case study by using interviews with chiefly sex workers and brothel management to craft a more efficient and fair mode of regulating prostitution. By viewing prostitution for what it is—an industry driven by basic economic principles—business law becomes the clear choice for replacing the current, ineffective laws. Furthermore, reshaping prostitution laws to meet the monetary needs …
Meeting Of The Minds And Bodies: Contract Law And The Mutuality Of Sexual Exchanges, Kelly Jo Popkin
Meeting Of The Minds And Bodies: Contract Law And The Mutuality Of Sexual Exchanges, Kelly Jo Popkin
DePaul Journal of Women, Gender and the Law
Though it may seem like an obvious analogy, a comparison of consent to sex and consent to contract has rarely been explored in such detail. The legal concepts protecting bargainers to a contract can be applied to analyses of sexual coercion in consent to sexual encounters, thereby affording survivors with greater protection against instances of sexual violence that seem to consistently slip through the cracks of our criminal justice system. More importantly, this analysis has never before been applied to the Title IX campus sexual assault adjudication process and policies. As a procedure involving civil law, rather than criminal law, …
A Patient's Right Not To Hear: The Public Health Case For Challenging Pre-Abortion Ultrasound Description Mandates By Refocusing On The Listener, Juliana Shulman-Laniel
A Patient's Right Not To Hear: The Public Health Case For Challenging Pre-Abortion Ultrasound Description Mandates By Refocusing On The Listener, Juliana Shulman-Laniel
DePaul Journal of Women, Gender and the Law
This Article argues for a reframing of the discourse surrounding abortion-specific informed consent laws, calling for scholars and practitioners to focus not solely on the physician’s right against compelled speech, but also a patient’s right not to listen. Although this right has not been firmly recognized by the courts, a growing body of case law and scholarly papers has begun to acknowledge the potential for this right. This Article begins by examining how bridging the First Amendment rights of doctors-as-speakers and patients-as-listeners within the context of the unique doctor-patient relationship may help to establish a patient’s right not to hear. …
Pushback: Title Vii Takes On Hobby Lobby, Carole Okolowicz
Pushback: Title Vii Takes On Hobby Lobby, Carole Okolowicz
DePaul Journal of Women, Gender and the Law
In Hobby Lobby, the U.S. Supreme Court decided that a for-profit corporation could avoid the requirement under the Affordable Care Act that it pay for coverage of female contraception in the employee health plan due to the employer’s religious objections to birth control. In so deciding, the Court allowed the employer to discriminate against its female employees in their employee benefits. Such a decision raises the possibility of a claim of sex discrimination by the corporation’s female employees under Title VII. This article explores the main issues and pitfalls in such a claim.
The two main issues with the possible …
The Arctic: Science, Law, And Policy, Charles H. Norchi, Paul A. Mayewski
The Arctic: Science, Law, And Policy, Charles H. Norchi, Paul A. Mayewski
Ocean and Coastal Law Journal
In 1959, Sir Charles Snow (C.P. Snow) delivered a lecture at Cambridge University entitled The Two Cultures and the Scientific Revolution in which he identified a duality of cultures. There were the scientists and the humanists--two dimly acquanited cultures that rarely communicated, and when they did it was usually at cross-purposes. One culture was contentedly unknowing and skeptical of science, and the other was marginal to the great social questions of the time. For C.P. Snow, the polarization and lack of communication between the two groups could be fatal to the Western World. The 21st century has also revealed polarized …
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez
Barry Law Review
No abstract provided.
Acknowledgments, Rachel P. Willer
Acknowledgments, Rachel P. Willer
University of Richmond Law Review
No abstract provided.
Commencement Remarks Of Fbi Director James Comey To University Of Richmond School Of Law Class Of 2016, James Comey
Commencement Remarks Of Fbi Director James Comey To University Of Richmond School Of Law Class Of 2016, James Comey
University of Richmond Law Review
The text of a speech James Comey gave at the University of Richmond School of Law Commencement Ceremony on May 7, 2016.
I Share, Therefore It's Mine, Donald J. Kochan
I Share, Therefore It's Mine, Donald J. Kochan
University of Richmond Law Review
No abstract provided.
Race And The Law, Cassandra Conover
Race And The Law, Cassandra Conover
University of Richmond Law Review
No abstract provided.
The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley
The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Why The 1960 Lunch Counter Sit-Ins Worked: A Case Study Of Law And Social Movement Mobilization, Christopher W. Schmidt
Why The 1960 Lunch Counter Sit-Ins Worked: A Case Study Of Law And Social Movement Mobilization, Christopher W. Schmidt
Indiana Journal of Law and Social Equality
No abstract provided.
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
United States V. Barthelmess Ranch Corp., Jonah P. Brown
United States V. Barthelmess Ranch Corp., Jonah P. Brown
Public Land & Resources Law Review
Application of water to a beneficial use is the decisive element of a perfected water right in Montana. The BLM claimed rights to five reservoirs and one natural pothole under Montana law. The agency did not own livestock, but instead made the water available to grazing permittees. In United States v. Barthelmess Ranch Corp., the Montana Supreme Court affirmed the Montana Water Court’s holding that the BLM’s practice of making water available to others constituted a beneficial use and a perfected water right.
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
Appellate Standards Of Review Then And Now, Yves-Marie Morissette
The Journal of Appellate Practice and Process
No abstract provided.
Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka
Social Membership: Animal Law Beyond The Property/Personhood Impasse, Will Kymlicka
Dalhousie Law Journal
While animal law has been subject to frequent reform in Canada and abroad, the basic legal foundations of animal oppression are largely unchanged. There are many reasons for this impasse, but part of the explanation is that legal reforms are caught in what we might call the property/personhood dilemma. In most legal systems, domesticated animals are defined as property and so long as this remains true, reforms are likely to be marginal and ineffective. However the main alternative-to shift animals from the category of property to personhoodis politically unfeasible, particularly for the domesticated animals who are most intensively exploited in …
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
Dalhousie Law Journal
The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …
The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy
The Only Legitimate Rule: A Reply To Maclean's Critique Of Ecolawgic, Bruce Pardy
Dalhousie Law Journal
Is autonomy "natural"? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In 'Autonomy in the Anthropocene," the preceding article in this issue, Jason MacLean challenges the thesis of Ecolawgic. MacLean argues that autonomy is not a feature of neutral legal systems but a product of cultural norms and regulation. He maintains that Ecolawgic's prescription provides neither optimal economic outcomes nor effective environmental protection. …
Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque
Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque
University of Richmond Law Review
No abstract provided.
"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox
"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox
University of Richmond Law Review
No abstract provided.
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law's Need To Evolve, Justin Hill
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law's Need To Evolve, Justin Hill
University of Richmond Law Review
No abstract provided.
Legislative Exhaustion, Michael Sant’Ambrogio
Legislative Exhaustion, Michael Sant’Ambrogio
William & Mary Law Review
Legislative lawsuits are a recurring by-product of divided government. Yet the Supreme Court has never definitively resolved whether Congress may sue the executive branch over its execution of the law. Some scholars argue that Congress should be able to establish Article III standing when its interests are harmed by executive action or inaction just like private parties. Others, including most prominently the late Justice Antonin Scalia, argue that intergovernmental disputes do not constitute Article III “cases” or “controversies” at all. Rather, the Framers envisioned the political branches resolving their differences through nonjudicial means.
This Article proposes a different approach to …
A Call For Limiting Absolute Privilege: How Victims Of Domestic Violence, Suffering With Post-Traumatic Stress Disorder, Are Discriminated Against By The U.S. Judicial System, Jerrell Dayton King, Donna J. King
A Call For Limiting Absolute Privilege: How Victims Of Domestic Violence, Suffering With Post-Traumatic Stress Disorder, Are Discriminated Against By The U.S. Judicial System, Jerrell Dayton King, Donna J. King
DePaul Journal of Women, Gender and the Law
The U.S. court system often traumatizes victims of domestic violence (“DV”) through institutional gender discrimination, which has plagued women throughout the United States since colonial American times. In many ways the court system becomes a participant in re-victimizing and continuing the abuse of the DV victim. Abusive power and control of women exposes them to DV in alarming numbers; this causes many DV victims to experience severe trauma that results in psychological injuries such as Post-Traumatic Stress Disorder (“PTSD”). In the court system, the DV abuser enters the legal process with an advantage over his victim who suffers from PTSD. …
Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis
Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis
DePaul Journal of Women, Gender and the Law
From the moment Rodi Alvarado Pena married a Guatemalan army officer at the age of 16, she was subjected to intensive abuse, and all her efforts to get help where unsuccessful. Her husband raped and sodimized her repeatedly, attempted to abort their child by violently kicking her in the spine, dislocated her jaw, attempted to cut her hands off with a machete, kicked her in her genitals and used her head to break windows. He terrified her by bragging about his power to kill innocent civilians with impunity and all of Rodi’s pleas for help from the Guatemalan government were …