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The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani 2022 Indiana University; Seattle University School of Law

The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani

University of Michigan Journal of Law Reform

Social movements like #MeToo have gained public traction like never before. In this Article, we place those developments within their historical context and chart a path forward. First, we provide a history of the prior unsuccessful attempts to ratify an Equal Rights Amendment, and we discuss that effort’s current legal status and prospects. Then, we briefly review the history of sexual harassment law. Having outlined this historical context, we move to contemporary developments. We describe actions that state legislatures and local municipalities have taken to address the concerns raised by the #MeToo movement. Finally, we discuss how inflection points ...


Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson 2022 Brigham Young University Law School

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


The Power Of International Nationality Courts When Settling Foreign Investment Disputes, Dr. Ibrahim Refaat EL BEHERRY 2022 Assistant Professor of Private International Law Faculty of Law - Helwan University – Egypt

The Power Of International Nationality Courts When Settling Foreign Investment Disputes, Dr. Ibrahim Refaat El Beherry

UAE University Law Journal مجلة جامعة الإمارات للبحوث القانونية

States shall be sovereign in determining their nationality in accordance with their economic and social policies and circumstances. However, when international courts decide matters relating to their personal competence in international disputes, they may be called upon to rule on preliminary matters such as nationality. However, when these tribunals confer jurisdiction on themselves by this mission, they enjoy a broad discretion based on the general principles of people’s law, treaty law, case law, doctrine and the principle of jurisdiction-jurisdiction in arbitral matters. However, the scope of this recognized power is limited and its authorized investiture must not exceed the ...


#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner 2022 University of Utah, SJ Quinney College of Law

#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner

Utah Law Review

This symposium gathered scholars and practitioners who have been deeply engaged in the work to examine historical roots of the legal profession and discuss best practices for exploring ethnic, gender, and related inequities alongside our law students. It is well established that the legal profession and legal education neither reflect the community they serve nor swiftly respond to the social shifts within the broader society.3 As 2020 grossly revealed, ethnic partiality and division are aches we have yet to really confront and bear. For example, the casebook method format of legal education continues to model Christopher Langdell’s Gilded ...


Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway 2022 Penn State Dickinson Law

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Utah Law Review

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law ...


Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, Phyllis Taite, Nicola "Nicky" Boothe 2022 SJ Quinney College of Law, University of Utah

Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Equity, & Inclusion In The Legal Profession, Phyllis Taite, Nicola "Nicky" Boothe

Utah Law Review

Law schools must recognize and seek to remove the barriers to teaching cultural competence and DEI and provide appropriate training and workshops for law professors. Providing law professors with the tools to integrate cultural competency into existing curricula is a first and crucial step to ensure that law professors are well-versed in both their own cultural competency, and in the ability to provide cultural competency training to their students. The culturally competent student will become a culturally competent lawyer with the skillset to make impactful contributions towards DEI in and beyond the practice of law.


Debt Governance, Wealth Management, And The Uneven Burdens Of Child Support, Allison Tait 2022 Northwestern Pritzker School of Law

Debt Governance, Wealth Management, And The Uneven Burdens Of Child Support, Allison Tait

Northwestern University Law Review

Child support is a ubiquitous kind of debt, common to all income and wealth levels, with data showing that approximately 30% of the U.S. adult population has either been subject to paying child support or has received it. Across this field of child support debt, however, unpaid obligations look different for everyone, and in particular the experiences around child support debt diverge radically for low-income populations and high-wealth ones. On the low-income end of the spectrum, child support debt is a sophisticated and adaptive governance technology that disciplines and penalizes those living in or near poverty. Being in child ...


Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose 2022 Northwestern Pritzker School of Law

Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose

Northwestern University Law Review

A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted wealth distribution in contemporary America. This article explores the possible role of property law in such a distortion, using the historical example of racially restrictive covenants in the first half of the twentieth century. I will argue that the increasing professionalization and standardization of real estate practices in that era included ...


Family | Home | School, LaToya Baldwin Clark 2022 Northwestern Pritzker School of Law

Family | Home | School, Latoya Baldwin Clark

Northwestern University Law Review

The state grants residents who live within a school district’s border an ownership interest in that district’s schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after districts and schools, establishing a child’s bona fide residence may be highly contested.

In this Essay, I show that education law, policies, and practices fail to recognize a child’s residence when the child’s family and living situation do not comport with a ...


Gbsv Resource Guide And Review For The University Of Western Ontario And Surrounding Area, Alyssa J. Madhani 2022 Western University

Gbsv Resource Guide And Review For The University Of Western Ontario And Surrounding Area, Alyssa J. Madhani

Undergraduate Student Research Internships Conference

During the 2021-2022 academic year, gender-based violence and sexual assault became a major topic of discussion due to a number of troubling incidents throughout the year. One of the largest calls to action by the student body was for more resources and trainings. This paper compiles the resources and trainings that can be found on campus of the University of Western Ontario and in the surrounding areas into a cohesive list of major relevant sources. The goal of this paper is to amplify the many different programs already in place that can be added to the training cohorts or made ...


Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum 2022 Villanova University Charles Widger School of Law

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey McCann 2022 Villanova University Charles Widger School of Law

Is Age Just A Number: The Intersection Of The Fair Labor Standards Act And Professional Sports, Kacey Mccann

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The White Supremacist Constitution, Ruth Colker 2022 The Ohio State University

The White Supremacist Constitution, Ruth Colker

Utah Law Review

The United States Constitution is a document that, during every era, has helped further white supremacy. White supremacy constitutes a “political, economic and cultural system in which whites overwhelmingly control power and material resources, conscious and unconscious ideas of white superiority and entitlement are widespread, and relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.”1 Rather than understand the Constitution as a force for progressive structural change, we should understand it as a barrier to change.

From its inception, the Constitution enshrined slavery and the degradation of Black people ...


Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman 2022 Goshen College

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.


The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone 2022 Buffalo Law Review

The Betrayal Of The Red, White & Blue: The Failures Of Institutional Self-Regulation & The Military’S #Metoo Movement, Kristen M. Stone

Buffalo Law Review

No abstract provided.


After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook 2022 University of Maine School of Law

After A.S.: Proposals To Alleviate Psychiatric Boarding In Maine, Meredith K. Cook

Maine Law Review

When someone presents to an emergency room with a mental illness manifesting in danger to themselves or others, they can be admitted against their will on an emergency basis to inpatient mental health care through a process colloquially known as a Blue Paper application. However, when an inpatient bed is not immediately available, patients are “boarded” against their will in emergency rooms with little to no therapeutic care, sometimes for several weeks at a time before they are transferred to inpatient care, or their condition stabilizes enough for them to be discharged into the community. In February 2020, a man ...


Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Harris V. State, 138 Nev. Adv. Op. 40 (June 2, 2022), Candace Mays

Nevada Supreme Court Summaries

The Nevada Supreme Court considered whether the district court erroneously dismissed the rights deprivation claims of the appellant, an incarcerated individual, on procedural grounds. The Court held that the lower court erred in dismissing the appellant’s claims with prejudice under NRCP 12(b)(5) when he had pleaded facts sufficient to place the respondents on notice of the nature of the claim and relief sought, in accordance with Nevada’s notice-pleading standard. The Court also held that the lower court erred in dismissing the appellant’s complaint with prejudice, without granting leave to amend to resolve the deficiencies in ...


Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley IV 2022 University of Connecticut

Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley Iv

Connecticut Law Review

Segregation rates have remained stagnant in many regions of the United States since the passage of the federal Fair Housing Act (FHA) in 1968 and experts expect them to increase in large metropolitan areas. Consequently, poor Blacks will be subjected to the extreme deprivation of group life chances that characterize racially and economically segregated environments. The global pandemic has only further exacerbated these dire circumstances. While severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) may not discriminate, housing, healthcare, criminal, and economic policies have, rendering impoverished communities of color particularly vulnerable to the ravages of the coronavirus disease 2019 (COVID-19).

The ...


Color Of Creatorship - Author's Response, Anjali Vats 2022 University of Pittsburgh School of Law

Color Of Creatorship - Author's Response, Anjali Vats

Articles

This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.


Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink 2022 California Western School of Law

Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink

Faculty Scholarship

Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021 ...


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