University of Michigan Law School
Duke Law School
William & Mary Law School
Seattle University School of Law
University of Pennsylvania Law School
Western New England University School of Law
Washington University in St. Louis, School of Law
Cornell University Law School
The Hastings Center
Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce,
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 Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence,
2019
St. Mary's University School of Law
The Taxation Without Representation Of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence, María Fernanda Alfaro
The Scholar: St. Mary's Law Review on Race and Social Justice
Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future ...
Dignity Takings In Leviathanic Immigration Proceedings,
2019
The Estate of Christopher Mendez
Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez
The Scholar: St. Mary's Law Review on Race and Social Justice
Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s ...
A Girl's Right To Bare Arms: An Equal Protection Analysis Of Public-School Dress Codes,
2019
Boston College Law School
A Girl's Right To Bare Arms: An Equal Protection Analysis Of Public-School Dress Codes, Jillian R. Friedmann
Boston College Law Review
Public schools throughout the country have faced heavy criticism for instituting dress codes that many perceive to be targeting girls and imposing overly restrictive requirements on their attire. Critics of public-school dress codes often take particular issue with the notion that restrictive dress codes are necessary to prevent classroom distractions. Because public schools are state actors, they must comply with constitutional requirements. Thus, when schools impose different rules on the basis of gender, those rules must comply with the Equal Protection Clause of the U.S. Constitution. This clause mandates that the government offer an exceedingly persuasive justification for any ...
How To Explain To Your Twins Why Only One Can Be American: The Right To Citizenship Of Children Born To Same-Sex Couples Through Assisted Reproductive Technology,
2019
Fordham University School of Law
How To Explain To Your Twins Why Only One Can Be American: The Right To Citizenship Of Children Born To Same-Sex Couples Through Assisted Reproductive Technology, Lena K. Bruce
Fordham Law Review
Sections 301 and 309 of the Immigration and Nationality Act (INA) govern birthright citizenship by descent. Per the U.S. Department of State’s (DOS) interpretation of these sections, to transmit citizenship to a child, the U.S. citizen-parent must have a biological connection with the child. For couples who use assisted reproductive technology (ART) to have children, however, this means that one parent will always be barred from transmitting citizenship to their own child. This is because in ART families, at least one parent will always lack the biological connection that the DOS requires to transmit citizenship pursuant to ...
The Torch (December 2019),
2019
University of Southern Maine
The Torch (December 2019), Crtp
Torch: The Civil Rights Team Project Newsletter
Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates,
2019
University of Miami Law School
A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran
University of Miami Law Review
The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.
Evidence’S #Metoo Moment,
2019
Howard University School of Law
Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón
University of Miami Law Review
The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor ...
Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights,
2019
Washington and Lee University School of Law
Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights, Sarah C. Haan
Sarah Haan
This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
What does “corporate democracy” mean? How far does federal law go to guarantee public company investors a say in a firm’s policies on important social, environmental, or political issues? In 1972, the U.S. Supreme Court appeared ready to start sketching the contours of corporate democracy—and then, at the last minute, it pulled back. This Article tells the story of Securities and Exchange Commission v. Medical ...
Social Activism Through Shareholder Activism,
2019
George Washington University Law School
Social Activism Through Shareholder Activism, Lisa M. Fairfax
Washington and Lee Law Review
This article is based on the author's keynote address at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
In 1952, the SEC altered the shareholder proposal rule to exclude proposals made “primarily for the purpose of promoting general economic, political, racial, religious, social or similar causes.” The SEC did not reference civil rights activist James Peck or otherwise acknowledge that its actions were prompted by Peck’s 1951 shareholder proposal to Greyhound for desegregating seating. Instead, the SEC indicated that its change simply reflected ...
Chancery’S Greatest Decision: Historical Insights On Civil Rights And The Future Of Shareholder Activism,
2019
Wake Forest University School of Law
Chancery’S Greatest Decision: Historical Insights On Civil Rights And The Future Of Shareholder Activism, Omari Scott Simmons
Washington and Lee Law Review
This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
Shareholder activism—using an equity stake in a corporation to influence management—has become a popular tool to effectuate social change in the twenty-first century. Increasingly, activists are looking beyond financial performance to demand better corporate performance in such areas as economic inequality, civil rights, human rights, discrimination, and diversity. These efforts take many forms: publicity campaigns, litigation, proxy battles, shareholder resolutions, and negotiations with corporate management. However ...
Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights,
2019
Washington and Lee University School of Law
Civil Rights And Shareholder Activism: Sec V. Medical Committee For Human Rights, Sarah C. Haan
Washington and Lee Law Review
This article builds upon the author's remarks at the 2018-2019 Lara D. Gass Annual Symposium: Civil Rights and Shareholder Activism at Washington and Lee University School of Law, February 15, 2019.
What does “corporate democracy” mean? How far does federal law go to guarantee public company investors a say in a firm’s policies on important social, environmental, or political issues? In 1972, the U.S. Supreme Court appeared ready to start sketching the contours of corporate democracy—and then, at the last minute, it pulled back. This Article tells the story of Securities and Exchange Commission v. Medical ...
Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019),
2019
UIC John Marshall Law School
Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila-Ruhaak
Sarah Dávila-Ruhaak
No abstract provided.
Framing Trans Rights,
2019
Northwestern Pritzker School of Law
Framing Trans Rights, Marie-Amélie George
Northwestern University Law Review
In the wake of marriage equality, opponents of LGBT rights refocused their attention, making transgender rights their main target. To persuade voters to maintain gender identity antidiscrimination protections, LGBT rights campaigns presented trans identity in a specific, but limited, way. These campaigns emphasized gender-conforming transgender individuals—those who adhere to male and female stereotypes—and thereby implicitly reinforced the gender binary. Although LGBT advocates have largely succeeded in their efforts to preserve LGBT rights, their messaging may undermine the movement’s broader litigation strategy and subject nonbinary members of the transgender community to greater discrimination and persecution.
The trans rights ...
The Transgender Military Ban: Preservation Of Discrimination Through Transformation,
2019
Northwestern Pritzker School of Law
The Transgender Military Ban: Preservation Of Discrimination Through Transformation, Michele Goodwin, Erwin Chemerinsky
Northwestern University Law Review
This Essay contends that the Trump Administration’s ban on transgender individuals serving in the military is based on prejudice and bias, lacking any legitimate justification. As such, the transgender military ban cannot be justified on legal grounds. Nor can it be justified based on health and safety. Engaging a robust empirical record, the authors show that the ban cannot be justified based on matters of efficiency, preparedness, or combat readiness—arguments used by the Trump Administration to justify the ban. Despite transgender individuals serving openly in the military in recent years, the Trump Administration has not been able to ...
Matter Of A-B-, Lgbtq Asylum Claims, And The Rule Of Law In The U.S. Asylum System,
2019
Northwestern Pritzker School of Law
Matter Of A-B-, Lgbtq Asylum Claims, And The Rule Of Law In The U.S. Asylum System, Nora Snyder
Northwestern University Law Review
On June 11, 2018, then-Attorney General Jeff Sessions released his decision in a case called Matter of A‑B‑, purporting to eliminate domestic violence and gang violence as grounds for asylum. The decision also cast doubt on the continued viability of asylum claims predicated on non-state actor violence, which alarmed LGBTQ advocates, whose asylum claims often involve non-state actor persecutors. In making this change, Sessions used a previously rarely used feature of the asylum system, the Attorney General’s self-certification power. This Note analyzes the potential impact of Matter of A‑B‑ on LGBTQ asylum seekers. Based on the text ...
Critical Reviews Of Flawed Research On Prostitution,
2019
University of Rhode Island
Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances,
2019
New York University School of Law
The New Housing Segregation: The Jim Crow Effects Of Crime-Free Housing Ordinances, Deborah N. Archer
Michigan Law Review
America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without access to quality schools, jobs, transportation, or health care on the other. Many people view this as an unfortunate fact of life, or as a relic of legal systems long since overturned and beyond the reach of current legal process. But this is not true. On the contrary, the law continues ...
Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection),
2019
Boston College Law School
Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman
Dan Farbman
No abstract provided.
American Legion V. American Humanist Association,
2019
Alexander Blewett III School of Law at the University of Montana
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
