Law Commons^™

Aristotle's Internet: Free Speech Values Online, Ari E. Waldman

Ari E Waldman

While the Internet has changed dramatically since the early 1990s, the legal regime governing online speech and liability is still steeped in an early myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility and radical individuation online, allowing hate and harassment to run wild. I argue that the myth of the online anonym is not only false as a matter of technology, but also inaccurate – it does …

The Supreme Court's Understanding Of The Sex-Gender Distinction, Brett Hammon

Brett Hammon

No abstract provided.

The New Civil Rights: The "Currently Employed" Requirement, Disparate Impact, And New Legislation To Protect Unemployed Workers And Job-Seekers, Jennifer Ryan

Jennifer Ryan

The New Civil Rights: The “Currently Employed” Requirement, Disparate Impact, and New Legislation to Protect Unemployed Workers and Job-Seekers

By Jennifer Jolly-Ryan

Countless people struggle to find a job in a competitive job market, despite good qualifications. Although the news media reports that job numbers are improving, the problems of unemployment particularly loom for people of color, older workers, and people with disabilities. They are often unemployed longer than other workers and job-seekers and suffer the disparate impact of job ads that require “current employment” as a prerequisite to getting hired. The harsh reality is that the longer a job-seeker …

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko

Kimberly Yuracko

In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act’s coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …

Is This The End Of The Second Reconstruction?, Luis Fuentes-Rohwer

Luis Fuentes-Rohwer

No abstract provided.

To Testify Or Not To Testify: The Dilemma Facing Children With Multiple Cases Before The Same Judge In Delinquency Court., Katherine I. Puzone

Katherine I. Puzone

In Juvenile Court, children often have more than one case pending, especially children living in group foster homes and those at alternative schools. In many jurisdictions, all of a child’s cases are assigned to the same judge. If the child is arrested at a later time, the new case is also assigned to the same judge. That means that if a child exercises her right to go to trial in each case, the same judge will hear every case. If they are set for trial on the same day, and they often are, the judge will hear each case in …

Beyond Law Enforcement: Camreta V. Greene, Child Protection Investigations, And The Need To Reform The Fourth Amendment Special Needs Doctrine, Josh Gupta-Kagan

Josh Gupta-Kagan

The Fourth Amendment “special needs” doctrine distinguishes between searches and seizures that serve the “normal need for law enforcement” and those that serve some other “special need,” excusing non-law enforcement searches and seizures from the warrant and probable cause requirements. The Supreme Court has never justified drawing this bright line exclusively around law enforcement searches and seizures but not those that threaten important non-criminal constitutional rights.

Child protection investigations illustrate the problem: Millions of times each year, state child protection authorities search families’ homes, and seize children for interviews about alleged maltreatment. Only a minority of these investigations involve an …

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

Multi-National Corporations Closing The Borders For Female Professionals: Should Gender Discrimination Be Allowed For Expatriation Assignments Under Title Vii Law?, Allie C. Tucker

Allie C Tucker

While women currently make up significant proportions of the work force in many occupations, their presence remains lacking in upper management. In today’s globalizing economy international experience has become increasingly important for promotions in multi-national corporations but is simultaneously being denied to women due to speculations about gender discrimination in other nations. Evidence suggests that women are being sent on expatriation assignments far less than men, but Title VII case law has yet to directly address the issue. In the absence of such direction, MNCs should proceed with a fact-dependent analysis that balances the interests of the corporation with gender …

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

Screaming To Be Heard: Black Feminism And The Fight For A Voice From The 1950s - 1970s, Preston D. Mitchum

Preston D. Mitchum

No abstract provided.

Autism Service Dogs In The Classroom: The Tension Between The Idea And The Ada And Why The Ada Should Come Out On Top, Emily Billey

Emily Billey

On November 3, 2010, Leslie Griffin was at work when she received the phone call she had been dreading ever since her son Sam had started third grade at Woodley Elementary in September–Sam was missing. After an altercation with a classmate on the playground, Sam took off, outrunning the teachers who chased after him. The last time anyone had seen Sam, he was running into a wooded area near the school’s playground. Leslie tried to remain calm as she received the news, but she was extremely frustrated with the school because she knew this situation could have been avoided if …

Surviving Castle Rock: An International Symbol For Human Rights Violations In The United States, Max D. Siegel

Max D Siegel

In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …

Over My Dead Body: A New Approach To Testamentary Restraints On Marriage, Ruth S. Lee

Ruth S Lee

Money is a tool that can be wielded from the grave. It is not uncommon to find deeds or wills that shape the behavior of the living by conditioning a grant, devise, or bequest, on a potential beneficiary’s conduct. Sometimes these conditions involve a limitation on marriage—prohibiting, penalizing, or requiring marriage to one of a particular religious faith or ethnicity. Courts have held that complete restraints on marriage are unreasonable, contrary to public policy, and void. However, partial restraints of marriage are valid as long as it is “reasonable.” A restraint is “unreasonable” if a marriage permitted by the restraint …

No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang

Emily Chiang

In an era in which seemingly no institutions are immune from privatization, determining the boundaries of state action has never been more important. This Article seeks to clarify the doctrine of state action as applied to publicly-funded, privately-run institutions serving individuals involuntarily placed there by the state. It does so by using disciplinary alternative schools as a classic example of one such institution, wherein the individuals served have constitutional rights that are both particularly vulnerable to infringement and which cannot be vindicated without a finding of state action. In particular, the Article (1) introduces the phenomena of disciplinary alternative schools …

Patient Privacy In The Cloud: Why Congress Should Model Hipaa Enforcement Mechanisms After The Fca To Meet A New Wave Of Privacy Threats From The Implementation Of Cloud-Computing Technologies, Andrew M. Palanzi

Andrew M Palanzi

While Congress has taken an important step in amending HIPAA via the HITECH Act to include business associates under many of the provisions of the Privacy and Security Rules, they have ultimately failed to give HIPAA satisfactory enforcement mechanisms by not providing individuals with any course of action to protect their privacy, capping yearly fines at $1,500,000.00, and not requiring stricter enforcement by OCR. Because the Privacy and Security Rules act as the primary legal regulation for the protection of private, sensitive electronic medical records that are stored and transmitted on the cloud, it becomes imperative that these protections are …

As Equal As Others? Rethinking Access To Discrimination Law, Pam Jenoff

Pam Jenoff

The purpose of employment discrimination law is to ensure fair and equal conditions in the workplace by preventing and remedying differential treatment based on certain protected characteristics, such as race, sex and age. However, the federal anti-discrimination claiming system as presently constructed cannot achieve this mandate. The current system excludes close to one-fifth of the American workforce outright, and prevents even greater numbers of individuals from seeking redress for reasons unrelated to the merits of their claims. Stringent statutory requisites as to covered employers, administrative exhaustion and the limitations period create barriers to access that not only prevent individuals from …

Why Arizona Senate Bill 1070 Is Constitutional And Not Preempted By Federal Law, Calvin Lionel Lewis, David Strange, Michael Blake Downey

Calvin L. Lewis

WHY ARIZONA SENATE BILL 1070 IS CONSTITUTIONAL AND NOT PREEMPTED BY FEDERAL LAW ABSTRACT On April 23, 2010, Arizona Governor Janet Brewer signed into law a bill titled the “Support Our Law Enforcement and Safe Neighborhoods Act,” commonly referred to as “SB 1070.” The law was designed to “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” This law, along with a set of amendments, set off a firestorm of controversy nationwide, including street protests, economic boycotts, court challenges, and political posturing. The controversy centers around the broad …

Multiplicity Of Marriage Forms In Contemporary South Africa, Roberto A. Garetto Ph.D.

Roberto A. Garetto Ph.D.

From the perspective of family law, South Africa seems particularly interesting as it recognizes a multiplicity of marriage forms, according to its laws: not only common law marriage, deeply linked with the traditions of Western culture, but also customary marriage and same-sex marriage. Customary marriage, a plural marriage practiced in the form of polygyny, is deeply related to the cultural identity of some South Africans; same-sex marriage is an innovation related to fundamental rights affirmed in the post-apartheid Constitution of 1996. The South African Constitution has a highly advanced sensibility related to issues of human dignity, equality, and freedom. Both …

The Conflicting Judicial Interpretations Of “Employee” Under The Fair Labor Standards Act: Precluding Employee Status To Student Interns And Its Effect On Employer Exploitation, Bernice M. Bird

Bernice M. Bird

Nationally, the Department of Labor has increased its investigations into internships upon reports of employer exploitation. However, the class of interns and trainees remain without the remedy of backpay under the Fair Labor Standards Act (FLSA) primarily because of the judiciary’s interpretation of the term “employee.” The judiciary has broadly precluded interns and trainees employee status under the FLSA, unless either a contractual obligation is shown or all of the Walling factors are substantiated. With regard to the latter, the courts have incorrectly applied the rule of statutory construction as it pertains to the FLSA. Rather than broadly interpreting whether …