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The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson 2014 Boston College Law School

The Need For Additional Safeguards Against Racist Police Practices: A Call For Change To Massachusetts & Illinois Wiretapping Laws, Andrew Martinez Whitson

Boston College Journal of Law & Social Justice

Police misconduct is still prevalent throughout the United States. Unfortunately for members of minority communities, this misconduct often comes in the form of racially discriminatory police practices. In many cases, such practices are deeply rooted in the police department’s culture. It is imperative that all citizens are equipped with every possible safeguard from such abuse at the hands of the police. In Massachusetts and Illinois, however, wiretapping and eavesdropping laws prevent people from employing one such safeguard that has proven to help change unconstitutional police practices. The safeguard that those laws criminalize is the ability to surreptitiously record on-duty ...


Prohibiting Barriers To The Booth: The Case For Limited Nationwide Preclearance Under A Modified Voting Rights Act, Hayley Trahan-Liptak 2014 Boston College Law School

Prohibiting Barriers To The Booth: The Case For Limited Nationwide Preclearance Under A Modified Voting Rights Act, Hayley Trahan-Liptak

Boston College Journal of Law & Social Justice

The right to vote is fundamental to American democracy, yet for hundreds of years American history has been marked by efforts to restrict voting. Often, voting restrictions disproportionately affect minority voters, through both intentional discrimination and facially-neutral voting laws. Since its 1965 implementation, the Voting Rights Act (“VRA”) has been used to fight discriminatory voting laws through affirmative suits and mandatory federal approval of voting changes for states with a history of voter discrimination. On June 25, 2013, the Supreme Court struck down a crucial part of the VRA, eliminating the requirement that jurisdictions with storied pasts of voter discrimination ...


An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis 2014 Boston College Law School

An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis

Boston College Journal of Law & Social Justice

In 2012 the Department of Education received a complaint claiming that the Massachusetts Interscholastic Athletic Association’s (“MIAA”) policy of allowing boys to try out for girls’ field hockey constituted a violation of Title IX. This federal statute prohibits discrimination in educational institutions on the basis of sex. This Note looks at the common roots of Title IX and the decision of the Massachusetts Supreme Judicial Court that allowed boys’ participation in field hockey. It then examines Title IX as it applies to the MIAA field hockey policy and determines that the Massachusetts Policy does not, in and of itself ...


Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik 2014 University of Massachusetts School of Law

Does Testing = Race Discrimination?: Ricci, The Bar Exam, The Lsat, And The Challenge To Learning, Dan Subotnik

University of Massachusetts Law Review

Aptitude and achievement tests have been under heavy attack in the courts and in academic literature for at least forty years. Griggs v. Duke Power (1971) and Ricci v. DeStefano (2009) are the most important judicial battle sites. In those cases, the Supreme Court decided the circumstances under which test could be used by an employer to screen employees for promotion when the test had a negative racial impact on test takers. The related battles over testing for entry into the legal academy and from the academy into the legal profession have been no less fierce. The assault on testing ...


Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele 2014 SelectedWorks

Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele

Lisa A Nagele

While the use of arbitration provisions in collective bargaining agreements and executive employment agreement serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing employees to share in the unique costs of arbitration, employees are deterred from bringing otherwise meritorious claims that would only require the payment of a filing fee in court. Thus, in the absence of legislation banning mandatory employment arbitration agreements, to ensure that cost is not a barrier ...


Still Out Of Step: The Sixth Circuit’S Adoption Of A “But-For” Standard For Ada Plaintiffs In Lewis V. Humboldt Acquisition Corp., Allison J. Zimmon 2014 Boston College Law School

Still Out Of Step: The Sixth Circuit’S Adoption Of A “But-For” Standard For Ada Plaintiffs In Lewis V. Humboldt Acquisition Corp., Allison J. Zimmon

Boston College Journal of Law & Social Justice

On May 25, 2012, the U.S. Court of Appeals for the Sixth Circuit, sitting en banc, reversed seventeen years of precedent and joined its sister circuits by discarding the “sole cause” standard for proving discrimination under Title I of the Americans with Disabilities Act (ADA). By declining to adopt the “motivating factor” standard used in the majority of the other circuits, and instead adopting a “but-for” standard, the Sixth Circuit’s ADA jurisprudence continues to be an outlier. This Comment argues that the “but-for” standard imposes an unfair burden on vulnerable and disabled employees who are seeking relief from ...


The Qualified Immunity Defense: What's “Clearly Established” And What's Not, Karen M. Blum 2014 Touro College Jacob D. Fuchsberg Law Center

The Qualified Immunity Defense: What's “Clearly Established” And What's Not, Karen M. Blum

Touro Law Review

No abstract provided.


Cuba And China: A Comparative Study Of Digital Oppression, Katharine M. Villalobos 2014 SelectedWorks

Cuba And China: A Comparative Study Of Digital Oppression, Katharine M. Villalobos

Katharine M. Villalobos

The Digital Age has introduced a new form of expression that totalitarian states are struggling to silence. With social sharing websites like Twitter and Youtube, political dissidents living under oppressive governments can expose governmental abuse to web-users worldwide in a matter of seconds. However, while digital media has proved more difficult to control than traditional, non-electronic media, dictatorships like Cuba and China are resolved to prevent its inhabitants from freely using and expressing themselves on the Internet—even if that means violating their obligations as signatories of the International Covenant on Civil and Political Rights (ICCPR).

Both Cuba and China ...


“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo 2014 SelectedWorks

“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo

Michael L Perlin

Abstract:

For the past thirty years, the US Supreme Court's standard of Strickland v. Washington has governed the question of adequacy of counsel in criminal trials. There, in a Sixth Amendment analysis, the Supreme Court acknowledged that simply having a lawyer assigned to a defendant was not constitutionally adequate, but that that lawyer must provide "effective assistance of counsel," effectiveness being defined, pallidly, as requiring simply that counsel's efforts be “reasonable” under the circumstances. The benchmark for judging an ineffectiveness claim is simply “whether counsel’s conduct so undermined the proper function of the adversarial process that the ...


Freedom Riders Screening, Hannah Brown, Jean Childs, Joseph M. Neal Jr., David S. Tanenhaus 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Freedom Riders Screening, Hannah Brown, Jean Childs, Joseph M. Neal Jr., David S. Tanenhaus

Created Equal: America’s Civil Rights Struggle

A screening of excerpts from the documentary film Freedom Riders, following by discussion.


Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado 2014 University of Massachusetts School of Law

Standardized Testing As Discrimination: A Reply To Dan Subotnik, Richard Delgado

University of Massachusetts Law Review

Richard Delgado replies to Dan Subotnik, Does Testing = Race Discrimination?: Ricci, the Bar Exam, the LSAT, and the Challenge to Learning, 8 U. Mass. L. Rev. 332 (2013).


The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson 2014 Boston College Law School

The "Double-Edged" Dilemma: The Eleventh Circuit's Devaluation Of Mental Health Mitigators In Evans V. Secretary, Department Of Corrections, Erik Thompson

Boston College Journal of Law & Social Justice

In Evans v. Secretary, Department of Corrections, the United States Court of Appeals for the Eleventh Circuit denied habeas corpus relief to a death row inmate who claimed that ineffective assistance of counsel prejudiced his death sentence hearing. Despite the defense counsel’s omission of evidence suggesting that the inmate suffered from various mental disabilities, the court resolved that such evidence would not have affected the jury’s ultimate recommendation of the death sentence because some of the evidence was stigmatized. This standard creates a burden that is far too great for individuals facing the death penalty and significantly minimizes ...


Root Canal Of The Problem: The Iowa Supreme Court's Protection Of Male Impulses Over Female Traits, Catherine E. Mendola 2014 Boston College Law School

Root Canal Of The Problem: The Iowa Supreme Court's Protection Of Male Impulses Over Female Traits, Catherine E. Mendola

Boston College Journal of Law & Social Justice

In 2010, Dr. James H. Knight DDS fired his employee, Melissa Nelson, explaining that his wife had become jealous of their consensual but nonsexual relationship. Nelson, in turn, filed a sex discrimination claim, alleging that her termination would not have occurred, but-for her sex. The Iowa Supreme Court sided with Knight, ruling that Nelson’s termination was due to Knight’s wife’s jealousy, irrespective of Nelson’s sex. This Comment argues that: (1) in the absence of sexual conduct, the court’s reliance on precedent involving consensual sexual relationships was misplaced; (2) in relying on the wrong precedent, the ...


Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri 2014 Boston College Law School

Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri

Boston College Law Review

The National Labor Relations Board (NLRB) uses a substantial religious character test to determine whether it is authorized to exercise jurisdiction over faculty labor relations at religiously affiliated colleges and universities. Under the NLRB’s test, a school is not considered religious unless it makes religious indoctrination one of its primary purposes, denies faculty members academic freedom, and discriminates based on religion when hiring faculty and admitting students. Such an approach fails to recognize the religious nature of Catholic institutions of higher learning, which carry out their religious missions precisely by avoiding religious indoctrination, granting faculty academic freedom, and welcoming ...


Impeachment By Unreliable Conviction, Anna Roberts 2014 Boston College Law School

Impeachment By Unreliable Conviction, Anna Roberts

Boston College Law Review

This Article offers a new critique of Federal Rule of Evidence 609, which permits impeachment of criminal defendants by means of their prior criminal convictions. In admitting convictions as impeachment evidence, courts are wrongly assuming that such convictions are necessarily reliable indicators of relative culpability. Courts assume that convictions are the product of a fair fight, that they demonstrate relative culpability, and that they connote moral culpability. But current prosecutorial practice and other data undermine each of these assumptions. Accordingly, this Article proposes that before a conviction is used for impeachment, there should be an assessment of the extent to ...


Golden Gate University Professor Leads Bill Limiting State Prison Sterilizations, Lisa Lomba 2014 Golden Gate University School of Law

Golden Gate University Professor Leads Bill Limiting State Prison Sterilizations, Lisa Lomba

Press Releases

Golden Gate University (GGU) is at the heart of legislation recently introduced by the California Legislative Women’s Caucus to limit sterilization surgeries in all state prisons, county jails and other detention centers.


God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M. A. DiPippa 2014 SelectedWorks

God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M. A. Dipippa

John M. A. DiPippa

The article demonstrates that the cases raising religious liberty challenges to state regulation of weapons in houses of worship reveal the persistent problems plaguing religious liberty cases. First, these cases illustrate the difficulties non-mainstream religious claims face. Courts may not understand the religious nature of the claim or they may devalue claims that do not seem “normal” or “reasonable.” This is compounded how few religious liberty claimants, especially non-mainstream religions, win their cases. Second, the cases are part of the larger debate about how easy it should be to get judicially imposed religious exemptions from general and neutral laws. Uncritically ...


In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger 2014 SelectedWorks

In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger

Bethany Berger

On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may ...


Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson 2014 SelectedWorks

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights ...


The Scarlet Letter: Why Courts’ Reliance On Recidivist Statutes During Sentence Enhancement Hearings May Create Fifth And Eighth Amendment Violations, Jesse S. Weinstein 2014 SelectedWorks

The Scarlet Letter: Why Courts’ Reliance On Recidivist Statutes During Sentence Enhancement Hearings May Create Fifth And Eighth Amendment Violations, Jesse S. Weinstein

Jesse Weinstein

No abstract provided.


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