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Expanding Peña-Rodriguez V. Colorado To Protect Criminal Defendants From Explicit Gender Animus, Katie Hicks 2020 University of Arkansas, Fayetteville

Expanding Peña-Rodriguez V. Colorado To Protect Criminal Defendants From Explicit Gender Animus, Katie Hicks

Arkansas Law Review

In 2017, the United States Supreme Court extinguished explicit racial animus expressed during juror deliberations criminal trials. Though courts have repeatedly cloaked the jury’s deliberation room—essentially, “black box”—in impenetrable armor, Miguel Angel Peña-Rodriguez leveraged the American promise of equality, piercing a juror’s animus and bringing it within reach of the Court. His case established that protection of the jury’s black box decision making must yield to an even more fundamental protection: the equal protection of the law and the right to a fair and impartial trial by jury.


Masthead, 2020 Washington and Lee University School of Law

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents, 2020 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Something For Nothing: Universal Basic Income And The Value Of Work Beyond Incentives, Jonathan D. Grossberg 2020 Robert Morris University

Something For Nothing: Universal Basic Income And The Value Of Work Beyond Incentives, Jonathan D. Grossberg

Washington and Lee Journal of Civil Rights and Social Justice

Proponents and opponents of a universal basic income all acknowledge that the most significant political challenge to its adoption in the United States is that a universal basic income would not have a work requirement attached. Often, this is characterized as a problem involving incentives—the availability of a universal basic income would cause many people to stop working (or significantly curtail the number of hours that they work) and simply live off the universal basic income. This Article makes three contributions to the literature related to a universal basic income: First, it provides a typology for understanding the many ...


Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero 2020 Penn State Law

Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero

Washington and Lee Journal of Civil Rights and Social Justice

President Donald Trump’s immigration agenda has been criticized by pundits and scholars alike and has been thwarted by courts concerned about executive overreach. This Article contributes to this chorus of critics by viewing the current immigration regime from a Christian perspective on servant leadership, contrary to the stereotype that Christianity necessarily aligns with any one particular political brand. Jesus Christ’s entreaty that his disciples wash each other’s feet provides a useful lens through which to evaluate whether this Administration’s work effectively advances communitarianism, a value consistent with Christian immigration ethics. An examination of a range of ...


Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos 2020 Washington and Lee University School of Law

Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Individuals with Disabilities Education Act’s requirement that all children between the ages of three and twenty-one are provided a free and appropriate public education. This Note focuses on the relief available for students who are either older than twenty-one or who received a high school diploma, but who did not receive a free and appropriate public education. After delving into the remedy of compensatory education, this Note proposes the Office of Special Education and Rehabilitative Services of the Department of Education promulgate a new regulation that includes vocational training and services as a specific remedy ...


Fighting America’S Best-Selling Product: An Analysis Of And Solution To The Opioid Crisis, Ashley Duckworth 2020 Washington and Lee University School of Law

Fighting America’S Best-Selling Product: An Analysis Of And Solution To The Opioid Crisis, Ashley Duckworth

Washington and Lee Journal of Civil Rights and Social Justice

Deaths from drug overdoses have doubled over the last ten years and are now the leading cause of accidental death in the United States. Although some overdoses may have involved more than one drug, prescription and/or illicit opioids were involved in many of these drug overdose fatalities. The Food and Drug Administration (FDA), Center for Disease Control and Prevention (CDC), and Congress have enacted a string of regulations, statutes, and programs since the early 1990s, but nothing has seriously improved the opioid epidemic as it stands. If anything, the use of opioids has persisted. Many people want pharmaceutical companies ...


Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick 2020 Washington and Lee University School of Law

Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick

Washington and Lee Journal of Civil Rights and Social Justice

This Note addresses the legal recourse of domestic violence victims who are attempting to terminate a lease early for the purpose of escaping domestic violence at home. In March 2013, President Barack Obama signed the reauthorization of the Violence Against Women Act (VAWA). This version of the Act includes Title VI, which protects victims of domestic violence and stalking. Title VI applies to federally subsidized housing. It allows domestic violence victims to terminate a lease early for the purpose of removing themselves from an abusive household. Title VI also makes it illegal to deny or terminate housing assistance based on ...


Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk 2020 Washington and Lee University School of Law

Isolation For Profit: How Privately Provided Video Visitation Services Incentivize Bans On In-Person Visitation Within American Correctional Facilities, J. Tanner Lusk

Washington and Lee Journal of Civil Rights and Social Justice

American correctional facilities are banning in-person visitation in lieu of privately provided and expensive video visitation services. This Note discusses the types of private services provided; how video visitation negatively affects inmates’ mental health and finances; and the ongoing legal battle occurring in Knox County, Tennessee, regarding whether the Knox County Jail’s ban on in-person visitation violates the Constitution. Because of the significant degree of deference courts grant correctional facilities when considering whether challenged regulations violate the Constitution, it will be difficult for the Knox County Jail inmates to successfully argue that the jail has violated their constitutional rights ...


“No More No-Poach”: An Antitrust Plaintiff’S Guide, Amanda Triplett 2020 Washington and Lee University School of Law

“No More No-Poach”: An Antitrust Plaintiff’S Guide, Amanda Triplett

Washington and Lee Journal of Civil Rights and Social Justice

It may seem that agreements between employers not to hire or solicit employees from each other would be illegal under the Sherman Act’s prohibition of conspiracies to fix prices or allocate markets. However, the complexity of this issue pushes the boundaries of antitrust law. But the core principals of antitrust law are tailored to reject them. In a market of employers, where firms are competitors, no-poach restraints have horizontal elements subject to a harsher standard of antitrust review. Firms that enter into these arrangements bypass legal methods to protect against the harms of employee loss, such as a non-compete ...


Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch 2020 Southern Methodist University, Dedman School of Law

Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch

SMU Law Review

No abstract provided.


Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado 2020 Southern Methodist University, Dedman School of Law

Online Businesses Beware: Ada Lawsuits Demand Website Accessibility For Blind Plaintiffs, Ricardo Alvarado

Science and Technology Law Review

No abstract provided.


Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy McMullan 2020 Washington and Lee University School of Law

Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan

Washington and Lee Law Review

This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally ...


Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff 2020 University of Oklahoma College of Law

Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff

Oklahoma Law Review

No abstract provided.


The Legalization Of Restorative Justice: A Fifty-State Empirical Analysis, Thalia González 2020 Georgetown University Law Center and Occidental College

The Legalization Of Restorative Justice: A Fifty-State Empirical Analysis, Thalia González

Utah Law Review

This Article addresses the increasing formal legal nature of restorative justice in the United States. Over the last three decades, a substantial body of research has demonstrated the ways in which restorative justice offers an alternative societal response to crime and harm. It has also examined how restorative justice empowers individuals and groups to address violence, respond to social, political and economic injustice, and engage in resistance to existing structural inequities. Yet a prominent gap in the field exists: a comprehensive theoretical and empirical examination of the codification of restorative justice in state law. Studies of this nature are essential ...


On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler 2020 Phyllis Chesler Organization

On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Targeted Job Advertisements On Social Media: An Age-Old Practice In A New Suit, Joseph Nelson Jr. 2019 Cleveland-Marshall College of Law

Targeted Job Advertisements On Social Media: An Age-Old Practice In A New Suit, Joseph Nelson Jr.

The Global Business Law Review

This Note argues that an employer’s use of social media sites to "micro-target" potential job applicants is not per se unlawful under the Age Discrimination in Employment Act (ADEA). Rather, recruitment practices that target a specific age group are permissible under the ADEA when those recruitment practices are part of a broader recruitment strategy. When analyzing job advertisements on social media platforms, courts should not only consider the context of the advertisement, but also whether the advertisements are available through other resources. Such an analysis would allow employers to take advantage of the streamlined recruitment platforms available through social ...


James Baldwin’S “Going To Meet The Man” And Police Brutality In The United States, Sinai Akpan 2019 Xavier University of Louisiana

James Baldwin’S “Going To Meet The Man” And Police Brutality In The United States, Sinai Akpan

XULAneXUS

Abstract

This essay exposes the United States corrupt law enforcement and the psychological aspects of racism. It initially presents a connection between the 1960s and our contemporary time. Police Brutality in The United States illustrates what has and continues to affect the lives of African Americans. This essay broadcasts the injustices faced in the everyday lives of African Americans by unmasking the inequality and racist ideologies that the United States has been founded on. Initially it discusses the time period of which “Going to Meet the Man” was written. Baldwin’s piece is successfully compared and contrasted to demonstrate the ...


􏰀Enough􏰁S Enough􏰂: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce 2019 American University Washington College of Law

􏰀Enough􏰁S Enough􏰂: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce

American Indian Law Journal

Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free ...


Case Law On American Indians August 2018-2019, Thomas P. Schlosser 2019 Seattle University School of Law

Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


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