Law Commons^™

Athletic Scholarships And Title Ix: Compliance Trends And Context, Erin E. Buzuvis

Faculty Scholarship

This Article evaluates enforcement practices and compliance trends related to Title IX's requirement for gender equity in the distribution of athletic financial aid. It confirms that universities in the most competitive athletic programs continue to underfund women's athletic scholarships relative to the proportionality standard required by law. It also confirms that the under-allocation of women's athletic opportunities at universities across divisions results in additional disparities in scholarship funding that is not captured by an analysis of compliance. This Article concludes with suggestions that the government clarifies its expectations and enforcement priorities. It further calls for regulators, scholars, and advocates to …

Remedying Unfair Fair Use Judgments In The Music Industry: A Call For Greater Consistency In The Application Of The Four Factors And Transformation Determinations In Copyright Legislation, Abbigail Sullivan

Honors Theses

In this thesis, I have identified weaknesses to the fair use concept in Section 107 in the Copyright Act of 1976. In particular, it is difficult to identify what fair use is in copyright cases because of the ambiguity of the four factors and how they are applied. As a result, inconsistent rulings by judges occur. Therefore, the solution that I propose is to revise the statute to put an appropriate emphasis on the application of all four factors in a cohesive way, specifically the second factor, because the way in which it is viewed now gives it too narrow …

Justice In The American Legal System: Challenges To The Confrontation Clause In Criminal Child Sexual Abuse Cases, Kelsey Savoy

Honors Theses

The following thesis will look at the original intent of the Founders when the Sixth Amendment was written. It will then examine the challenges presented to justice both substantively and procedurally in cases of criminal child sexual abuse specifically, including the challenges faced by victims forced to testify during trial long after the trial is over. After establishing these challenges, this thesis will then examine legal precedent set by the courts that illustrates how exceptions have been made to traditional courtroom procedures over time, such as exceptions to the hearsay rule and in-person testimony on the witness stand, to allow …

Masthead

Saint Louis University Law Journal

No abstract provided.

The Constitutionality Of Daca: Balancing The Rights Of Undocumented Individuals And Constitutional Considerations, Olivia Dixon

Saint Louis University Law Journal

No abstract provided.

On Teaching Crimmigration Law, Philip L. Torrey

Saint Louis University Law Journal

No abstract provided.

Teaching Business Immigration: The Law And The Reality, Da'niel Rowan

Saint Louis University Law Journal

No abstract provided.

The Business Of The Supreme Court: How We Do, Don’T, And Should Talk About Scotus, Stephen I. Vladeck

Saint Louis University Law Journal

No abstract provided.

The New Judicial Power Grab, Josh Chafetz

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Front Matter

Canadian Journal of Family Law

No abstract provided.

Challenging Myths And Stereotypes In Domestic Violence Cases, Jennifer Koshan

Canadian Journal of Family Law

Survivors of domestic violence, who are disproportionately women, face numerous myths and stereotypes about the veracity, nature, and extent of violence they and their children experience. In legal disputes, they encounter allegations that they have lied about or exaggerated domestic violence out of vengeance, jealousy, or to gain an advantage in family law proceedings; that their partners are victims too; that abuse ends at separation or is irrelevant unless it is physical; and that it has no impact on children or only matters if it does. Although scholars and activists have revealed how these allegations are tainted by false and …

“This Isn’T Justice”: Abused Women Navigate Family Law In Greater Vancouver, Wendy Chan, Rebecca Lennox

Canadian Journal of Family Law

With the implementation of the Family Law Act in 2013, the family legal system in British Columbia saw a series of progressive reforms. These include the recognition of emotional, psychological, and financial control as family violence, a new protection order process to replace the limited restraining orders formerly available to abuse victims, a mandate that courts consider how exposure to family violence impacts children, and minimum mandatory training standards for family dispute resolution professionals. While there has been a great deal of legal commentary on these new provisions, there is a paucity of scholarly research documenting the experiences of frontline …

Mediator Discretion In Cases Involving Intimate Partner Violence, Michaela Keet, Jeff Edgar

Canadian Journal of Family Law

Mediation is a centerpiece in the ‘agreement culture’ around family law litigation. It is recognized by the courts as offering inherent protections to deal with challenging cases such as those involving intimate partner violence. To learn more about how mediators invoke and view the process’s protections, we conducted a series of interviews with senior mediators, trainers, and policymakers in the field. This article synthesizes current views within the mediation field about how to identify and screen for IPV, and implications for process management. At the heart of these interviews was the theme of mediator discretion: mediators describe and value discretion …

The Intersection Of Child Protection And Family Law Systems In Cases Of Domestic Violence, Wanda Wiegers

Canadian Journal of Family Law

Both the child protection and the family law systems are intended to promote the best interests of children, and both can profoundly affect the relationships between children and their parents or caregivers. Over the past two decades, both systems have also accorded more weight in the assessment of best interests to how exposure to domestic violence can harm or place children at risk. However, these systems have evolved differently, are governed by different statutes, and are administered in different ways. Child protection proceedings purport to have primarily a protective function and invariably involve a public agency, while family law proceedings, …

Domestic Violence, Precarious Immigration Status, And The Complex Interplay Of Family Law And Immigration Law, Janet Mosher

Canadian Journal of Family Law

Survivors of domestic violence must frequently navigate multiple legal processes, as well as the various administrative systems that provide crucial supports and resources. For women with precarious immigration status, navigation is made all the more challenging not only because immigration and/or refugee law processes are added to the array of legal domains to be navigated, but because their access to supports and resources is both restrictive and in flux, shifting along with the changes in their immigration status.

Drawing from interviews with experienced lawyers and case law searches, I explore many of the intersections between family law and immigration law …

Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela Keet

Canadian Journal of Family Law

The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.

Preventive Justice? Domestic Violence Protection Orders And Their Intersections With Family And Other Laws And Legal Systems, Jennifer Koshan

Canadian Journal of Family Law

Civil protection order legislation is a distinctive response to domestic violence with its focus on immediate safety and access to justice. Although the legislation was motivated by the need to broaden protective remedies for domestic violence and make them more accessible, similar remedies continue to exist and be utilized in the family law arena—for example, exclusive possession orders for the family home and restraining orders related to family disputes. Some jurisdictions also allow civil protection orders to contain conditions relevant to family law disputes, such as interim parenting orders. Intersections, overlaps and potential conflicts also exist between civil protection order …

Ea Sports: It’S In The Federal Legislation, Gia Silahian

UC Law SF Communications and Entertainment Journal

No abstract provided.

Indigenous Boarding Schools In The United States And Canada: Potential Issues And Opportunities For Redress As The United States Government Initiates Formal Investigation, Keiteyana I. Parks

American Indian Law Review

No abstract provided.

The Impact Of Climate Change On The Cultural Identity Of Indigenous Peoples And The Nation’S First “Climate Refugees”, Jordan K. Medaris

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2022 Native American Law Student Association Moot Court Competition, Daniel Ahrens, Case Nieboer

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

Indian Country’S Continued Struggle With The Opioid Crisis: Focused Problem Areas, The Federal Government’S Response, And What More Can Be Done, Ashlynn M. Wilkerson

American Indian Law Review

No abstract provided.

Panel 1 - Towards Effective Governmental Intervention: Ending Discrimination In The Workplace, Rebecca Salawdeh, Patrick Patterson, Victoria Lipnic, Carol Miaskoff, Hnin Khaing

American University Journal of Gender, Social Policy & the Law

FACILITATOR: Good morning, everyone and welcome to the “Enhancing Antidiscrimination Laws in Education and Employment Symposium”, hosted by the American University Journal of Gender, Social Policy & the Law, the American, and the National Institute for Workers’ Rights (“Institute”). And without further ado, let me pass it off to the Institute’s board president, Rebecca Salawdeh

Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley

American University Journal of Gender, Social Policy & the Law

Despite the recent public awakening concerning both sexism and racism in our society, the federal courts have systematically chipped away at employees’ civil rights under Title VII of the 1964 Civil Rights Act to be free of both sexual and racial harassment at work.

Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd

American University Journal of Gender, Social Policy & the Law

In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …

How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid

American University Journal of Gender, Social Policy & the Law

In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …

Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker

Human Rights Brief

For decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for …

One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo

Human Rights Brief

On September 19, 2011, the High Court of Tanzania found Ghati Mwita guilty of murder for a February 4, 2008 homicide, sentencing her to hang pursuant to Tanzania’s mandatory death sentence. The domestic Court of Appeal sitting at Mwanza dismissed Mwita’s appeal on March 11, 2013 and rejected her application for review on that decision on March 19, 2015. Mwita then brought the case to the African Court of Human Rights (the Court) alleging that the conviction and sentencing procedures violated her fundamental rights under the Banjul Charter (the Charter).