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Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2020 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell 2020 Southern Methodist University, Dedman School of Law

Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell

SMU Law Review Forum

No abstract provided.


The Expansive Reach Of Pretrial Detention, Paul Heaton 2020 University of Pennsylvania Law School

The Expansive Reach Of Pretrial Detention, Paul Heaton

Faculty Scholarship at Penn Law

Today we know much more about the effects of pretrial detention than we did even five years ago. Multiple empirical studies have emerged that shed new light on the far-reaching impacts of bail decisions made at the earliest stages of the criminal adjudication process. The takeaway from this new generation of studies is that pretrial detention has substantial downstream effects on both the operation of the criminal justice system and on defendants themselves, causally increasing the likelihood of a conviction, the severity of the sentence, and, in some jurisdictions, defendants’ likelihood of future contact with the criminal justice system. Detention ...


Testing The First Amendment Validity Of Laws Banning Sexual Orientation Change Efforts On Minors: What Level Of Scrutiny Applies After Becerra And Does A Proportionality Approach Provide A Solution?, Clay Calvert 2020 Pepperdine University

Testing The First Amendment Validity Of Laws Banning Sexual Orientation Change Efforts On Minors: What Level Of Scrutiny Applies After Becerra And Does A Proportionality Approach Provide A Solution?, Clay Calvert

Pepperdine Law Review

This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National Institute of Family and Life Advocates v. Becerra casts considerable doubt on whether a level of inquiry less stringent than strict scrutiny applies. The article analyzes how lower courts after Becerra that have reviewed anti-SOCE laws disagree on the issue. And yet, as the Article explains, the Supreme Court refuses to clarify the muddle ...


Right-Remedy Equilibration And The Asymmetric Entrenchment Of Legal Entitlements, Michael Coenen 2020 Seton Hall University Law School

Right-Remedy Equilibration And The Asymmetric Entrenchment Of Legal Entitlements, Michael Coenen

Boston College Law Review

Public-law litigation often gives rise to a basic but important asymmetry: claimants wishing to obtain a particular form of redress for a particular legal wrong must satisfy all the relevant procedural, substantive, and remedial prerequisites to the issuance of judicial relief. In contrast, governments wishing to avoid the issuance of that remedy need only demonstrate that a single such requirement operates in their favor. This Article considers the extent to which this asymmetry influences the development of the law. Specifically, this Article hypothesizes that, where the remediation of a right depends on a claimant’s satisfaction of multiple, mutually necessary ...


The Fight, Rubina Ramji 2020 Cape Breton University

The Fight, Rubina Ramji

Journal of Religion & Film

This is a film review of The Fight (2020), directed by Elyse Steinberg, Josh Kriegman, and Eli Despres.


The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor 2020 DePaul University

The Torture Machine: Racism And Police Violence In Chicago, Flint Taylor

DePaul Journal for Social Justice

No abstract provided.


Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold 2020 DePaul University

Third Generation Discrimination: An Empirical Analysis Of Judicial Decision Making In Gender Discrimination Litigation, Catherine Ross Dunham, Christopher Leupold

DePaul Journal for Social Justice

No abstract provided.


“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan 2020 DePaul University

“Give Me Your Tired, Your Poor, Your Huddled Masses”: The Case To Reform U.S. Asylum Law To Protect Climate Change Refugees, Shea Flanagan

DePaul Journal for Social Justice

No abstract provided.


The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow 2020 DePaul University

The Equal Rights Amendment In The Age Of #Metoo, Deborah Machalow

DePaul Journal for Social Justice

No abstract provided.


"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager 2020 DePaul University

"Can You Hear Me Now?” Terrance Egerson's Clear Invocation Of The Constitutional Right To Self-Representation Gets Lost In Transmission, Aaron Loudenslager

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2020 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


Letter From The Editors, 2020 DePaul University

Letter From The Editors

DePaul Journal for Social Justice

No abstract provided.


Champions For Justice 2020, Roger Williams University School of Law 2020 Roger Williams University

Champions For Justice 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


2020 Mlk Keynote Address: Michelle Alexander Presentation, Center for Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda 2020 Rhode Island School of Design

2020 Mlk Keynote Address: Michelle Alexander Presentation, Center For Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda

Martin Luther King, Jr. Series

2020 MLK Series Keynote Michelle Alexander brings audiences profoundly necessary and meaningful insights on the practice of mass incarceration that plagues the US justice system, as well as eye-opening conversation on how we can end racial caste in America. Lecture Wednesday, January 22, 2020 at 5:30pm, RISD Auditorium, 17 Canal Walk, Providence, RI.

In her acclaimed bestseller The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander peels back the curtain on systemic racism in the US prison system in a work that the New York Review of Books describes as "striking in the intelligence of her ...


Empowered Women Empower Women, Anne S. Douds 2020 Gettysburg College

Empowered Women Empower Women, Anne S. Douds

Public Policy Faculty Publications

Good afternoon and thank you for your determination to hold this important event today regardless of the weather. When Jenny said that we would go forward rain, sleet, or snow, I did not anticipate that we would have all three in the same day!

Maybe your determination derives from the residual spirit of a group of women who gathered here 100 years ago, also determined, but that time they were determined to ensure that their community acknowledged their right to vote. They were empowered, excited, and ready to act because, five years prior, in 1915, Katherine Wentworth of the Pennsylvania ...


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.


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.


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 ...


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 ...


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