Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

392,836 Full-Text Articles 153,446 Authors 142,595,802 Downloads 367 Institutions

All Articles in Law

Faceted Search

392,836 full-text articles. Page 1 of 6633.

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos 2019 University of Arkansas School of Law

Prosecuting Rape Victims While Rapists Run Free: The Consequences Of Police Failure To Investigate Sex Crimes In Britain And The United States, Lisa Avalos

Michigan Journal of Gender and Law

Imagine that a close friend is raped, and you encourage her to report it to the police. At first, she thinks that the police are taking her report seriously, but the investigation does not seem to move forward. The next thing she knows, they accuse her of lying and ultimately file charges against her. You and your friend are in shock; this outcome never entered your minds. This nightmare may seem inconceivable, but it has in fact occurred repeatedly in both the United States and Britain—countries that are typically lauded for their high levels of gender equality. In Britain ...


Finding Law, Stephen E. Sachs 2019 Duke Law School

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


#Metoo Meets The Ministerial Exception: Sexual Harassment Claims By Clergy And The First Amendment's Religion Clauses, Ira C. Lupu, Robert W. Tuttle 2019 George Washington University Law School

#Metoo Meets The Ministerial Exception: Sexual Harassment Claims By Clergy And The First Amendment's Religion Clauses, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012), the Supreme Court unanimously held that the Religion Clauses of the First Amendment create a “ministerial exception” to certain employment laws. The ministerial exception bars claims by clergy of wrongful dismissal by religious institutions. In the years before Hosanna-Tabor, however, courts had ruled in four prominent decisions – two state, and two federal – that suits by clergy for sexual harassment
based on a pervasively hostile environment could go forward, notwithstanding the ministerial exception. The rise of the #MeToo movement invites new and more detailed consideration of the tension between the policies behind sexual harassment law and the constitutional values protected by the ministerial exception.

Part I describes the contours of the ministerial exception, explains its constitutional provenance, and highlights the issues left open by Hosanna-Tabor. Part II addresses relevant developments in the law of sexual harassment, from the pioneering work of Professor Catherine MacKinnon, through and including the Supreme Court’s decisions in Burlington Industries v. Ellerth and Faragher v. City of Boca Raton.

Part III explores the leading judicial opinions on the relationship between sexual harassment law and the ministerial exception. These include the germinal state court decisions in Black v. Snyder (Minnesota) and McKelvey v. Pierce (New Jersey), and the path breaking 9th Circuit decisions in Bollard v. California Province of the Society of Jesus, and Elvig v. Calvin Presbyterian Church. In the law that has emerged, the ministerial exception bars adverse job action claims by clergy but does not bar hostile environment claims. That brief statement, however, masks the analytical complexities and constitutional concerns arising from the interplay between harassment law and the ministerial exception. The sources of tension include the affirmative defenses, requiring employer-created mechanisms for reasonable prevention and correction in sexual harassment cases, as well as matters of discovery and choice of remedies.

Part IV applies our theoretical and doctrinal insights to the major questions raised by this interplay. We explain why the ministerial exception is constitutionally sound, but nevertheless should not bar damage claims for pervasive, hostile environments based on sex. We offer a tort-based theory of harm as the underpinning of hostile environment doctrine; analyze the tenuous connection between religious belief and sexual harassment of clergy; and unpack constitutional questions of entanglement between church and state that may arise when religious institutions face hostile environment lawsuits. Our analysis should be of interest to scholars of employment law and the Religion Clauses, lawyers litigating such cases, and judges who must decide them.

In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012), the Supreme Court unanimously held that the Religion Clauses of the First Amendment create a “ministerial exception” to certain employment laws. The ministerial exception bars claims by clergy of wrongful dismissal by religious institutions. In the years before Hosanna-Tabor, however, courts had ruled in four prominent decisions – two state, and two federal – that suits by clergy for sexual harassment
based on a pervasively hostile environment could go forward, notwithstanding the ministerial exception. The rise of the #MeToo movement invites new and more detailed consideration of the tension between the policies behind sexual harassment law and the constitutional values protected by the ministerial exception.

Part I describes the contours of the ministerial exception, explains its constitutional provenance, and highlights the issues left open by Hosanna-Tabor. Part II addresses relevant developments in the law of sexual harassment, from the pioneering work of Professor Catherine MacKinnon, through and including the Supreme Court’s decisions in Burlington Industries v. Ellerth and Faragher v. City of Boca Raton.

Part III explores the leading judicial opinions on the relationship between sexual harassment law and the ministerial exception. These include the germinal state court decisions in Black v. Snyder (Minnesota) and McKelvey v. Pierce (New Jersey), and the path breaking 9th Circuit decisions in Bollard v. California Province of the Society of Jesus, and Elvig v. Calvin Presbyterian Church. In the law that has emerged, the ministerial exception bars adverse job action claims by clergy but does
not bar hostile environment claims. That brief statement, however, masks the analytical complexities and constitutional concerns arising from the interplay between harassment law and the ministerial exception. The sources of tension include the affirmative defenses, requiring employer-created mechanisms for reasonable prevention and correction in sexual harassment cases, as well as matters of discovery and choice of remedies.

Part IV applies our theoretical and doctrinal insights to the major questions raised by this interplay. We explain why the ministerial exception is constitutionally sound, but nevertheless should not bar damage claims for pervasive, hostile environments based on sex. We offer a tort-based theory of harm as the underpinning of hostile environment doctrine; analyze the tenuous connection between religious belief and sexual harassment of clergy; and unpack constitutional questions of entanglement between church and state that may arise when religious institutions face hostile environment lawsuits. Our ...


Social Networking Sites And Learning In International Relations: The Impact Of Platforms, Josh Pallas, Joakim Eidenfalk, Susan N. Engel 2019 University of Wollongong

Social Networking Sites And Learning In International Relations: The Impact Of Platforms, Josh Pallas, Joakim Eidenfalk, Susan N. Engel

Faculty of Law, Humanities and the Arts - Papers

This article reports on a pilot undergraduate subject that incorporated a range of technology-enhanced learning approaches including online lectures, an online site for in and out of class communications, and strong encouragement for students to blog and use Twitter. This paper evaluates student engagement through the social networking sites (SNS), focusing on the online communication and content platform. We examine whether changing from an educationally oriented SNS platform to Facebook impacted on student engagement and feedback. To achieve this, both empirical data and qualitative student feedback were used.


Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold 2018 Faculty of Law, University of Windsor

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold

Law Publications

What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges ...


How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones 2018 Boston College Law School

How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones

Boston College Law School Faculty Papers

No abstract provided.


A Study Of Transformational Leadership Practices To Police Officers' Job Satisfaction And Organizational Commitment, John P. Decker 2018 Seton Hall University

A Study Of Transformational Leadership Practices To Police Officers' Job Satisfaction And Organizational Commitment, John P. Decker

Seton Hall University Dissertations and Theses (ETDs)

This study is based upon Bass and Riggio’s (2006) Augmentation Model on Transactional and Transformational Leadership, in which this quantitative study sought to identify the amount of variance in police officer job satisfaction and organizational commitment that can be explained by police chiefs’ transformational leadership behaviors above and beyond the influence of transactional behaviors. A total of 166 police officers were surveyed in five central New Jersey police departments in relation to their job satisfaction and organizational commitment, as well as the leadership behaviors in which their police chiefs engaged, utilizing Bass and Avolio’s (2004) Multifactor Leadership Questionnaire ...


Impact Of Owners’ Early Decisions On Project Performance And Dispute Occurrence In Public Highway Projects, Sogand Hasanzadeh, Behzad Esmaeili, Ghada M. Gad, Douglas D. Gransberg 2018 University of Nebraska - Lincoln

Impact Of Owners’ Early Decisions On Project Performance And Dispute Occurrence In Public Highway Projects, Sogand Hasanzadeh, Behzad Esmaeili, Ghada M. Gad, Douglas D. Gransberg

Civil, Construction and Environmental Engineering Publications

Disputes are common in the construction industry and lead to unnecessary cost and schedule overruns in projects. It is commonly believed that owners’ early decisions regarding the selection of delivery methods, procurement methods, and contract types affect the frequency and severity of project disputes; however, no previous study has empirically tested this hypothesis, particularly in highway public projects. Therefore, this study empirically investigated the effect of owners’ early decisions regarding project organization (i.e., delivery methods, procurement, and contract types) on performance measures (e.g., cost and schedule growth), specifically dispute performance metrics (e.g., frequency and severity of disputes ...


A Bibliography Of Faculty Scholarship, Law Library 2018 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


The Decisions We Are (Or Are Not) Free To Make, For Now, Laura Schauer Ives 2018 University of New Mexico

The Decisions We Are (Or Are Not) Free To Make, For Now, Laura Schauer Ives

New Mexico Law Review

No abstract provided.


Introduction, Alison K. Goodwin, Kyle P. Duffy 2018 University of New Mexico

Introduction, Alison K. Goodwin, Kyle P. Duffy

New Mexico Law Review

No abstract provided.


Morris V. Brandenburg: Departing From Federal Precedent To Declare Physician Assisted Suicide A Fundamental Right Under New Mexico’S Constitution,, Paola V. Jaime Saenz 2018 University of New Mexico

Morris V. Brandenburg: Departing From Federal Precedent To Declare Physician Assisted Suicide A Fundamental Right Under New Mexico’S Constitution,, Paola V. Jaime Saenz

New Mexico Law Review

No abstract provided.


Front Matter, New Mexico Law Review 2018 University of New Mexico

Front Matter, New Mexico Law Review

New Mexico Law Review

No abstract provided.


Dedication, New Mexico Law Review 2018 University of New Mexico

Dedication, New Mexico Law Review

New Mexico Law Review

No abstract provided.


State Constitutions As The Future For Civil Rights, Erwin Chemerinsky 2018 University of California Berkeley Law

State Constitutions As The Future For Civil Rights, Erwin Chemerinsky

New Mexico Law Review

No abstract provided.


Legal History Of Medical Aid In Dying: Physician Assisted Death In U.S. Courts And Legislatures, Thaddeus Mason Pope 2018 Mitchell Hamline School of Law

Legal History Of Medical Aid In Dying: Physician Assisted Death In U.S. Courts And Legislatures, Thaddeus Mason Pope

New Mexico Law Review

No abstract provided.


State Constitutional Litigation In New Mexico: All Shield And No Sword, The Honorable Linda M. Vanzi, Andrew G. Schultz, Melanie B. Stambaugh 2018 University of New Mexico

State Constitutional Litigation In New Mexico: All Shield And No Sword, The Honorable Linda M. Vanzi, Andrew G. Schultz, Melanie B. Stambaugh

New Mexico Law Review

No abstract provided.


A Nadir Of State Constitutional Jurisprudence: Failing To Protect Terminally Ill Patients’ Choice For A More Peaceful Death In New Mexico, Kathryn L. Tucker 2018 University of New Mexico

A Nadir Of State Constitutional Jurisprudence: Failing To Protect Terminally Ill Patients’ Choice For A More Peaceful Death In New Mexico, Kathryn L. Tucker

New Mexico Law Review

No abstract provided.


Identifying The Newly Insurable Medicaid Coverage Gap Population Under The Affordable Care Act: Who They Are And Where They Live, Samuel L. Woodruff 2018 University of Nebraska Medical Center

Identifying The Newly Insurable Medicaid Coverage Gap Population Under The Affordable Care Act: Who They Are And Where They Live, Samuel L. Woodruff

Service Learning/Capstone Experience

The goal of this Capstone Project is to better define and geographically locate the potential distribution of individuals who fall within the current Medicaid Coverage Gap and those populations who would be eligible for Medicaid under the expansion of Medicaid within the state of Nebraska. Using data from multiple United States Census Bureau sources, along with available data from the Health Resources and Services Administration (HRSA), this project looks to also locate populations of these individuals that may live within established Medically Underserved Areas (MUA's) or Health Professional Shortage Areas (HPSA's) within the state. American Community Survey 5-year ...


Evaluating The Influences Of Domestic Violence Training On The Attitudes And Perceptions Of Police Recruits At The East Tennessee Regional Law Enforcement Academy, Jeffrey T. Gazzo Mr. 2018 East Tennessee State University

Evaluating The Influences Of Domestic Violence Training On The Attitudes And Perceptions Of Police Recruits At The East Tennessee Regional Law Enforcement Academy, Jeffrey T. Gazzo Mr.

Electronic Theses and Dissertations

A sample of recruits attending the East Tennessee Regional Law Enforcement Academy were surveyed about attitudes relating to a variety of topics, including their perceived role as police officers, domestic violence, its victims, perpetrators, and police interactions with domestic violence. The recruits completed the survey during their first week at the academy. The recruits completed the identical survey on the last week of academy training. No significant change in attitudes were found following the completion of the Regional Law Enforcement Academy training program. Conclusively, the results of this study show that the training provided at the East Tennessee Regional Law ...


Digital Commons powered by bepress