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The Supreme Court And Children, Aaron Tang 2024 Northwestern Pritzker School of Law

The Supreme Court And Children, Aaron Tang

Northwestern University Law Review

How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”

In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …


Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe 2024 Northwestern Pritzker School of Law

Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe

Northwestern University Law Review

Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.

On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …


Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson 2024 University of Cincinnati College of Law

Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson

University of Cincinnati Law Review

No abstract provided.


A New Private Law Of Policing, Cristina Carmody Tilley 2024 Brooklyn Law School

A New Private Law Of Policing, Cristina Carmody Tilley

Brooklyn Law Review

American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …


Affirmatively Furthering Health Equity, Mary Crossley 2024 Brooklyn Law School

Affirmatively Furthering Health Equity, Mary Crossley

Brooklyn Law Review

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …


My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner 2024 Brooklyn Law School

My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner

Brooklyn Law Review

In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …


Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam 2024 Brooklyn Law School

Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam

Brooklyn Law Review

Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …


Foreword: The Legal Profession And Social Change, Atinuke O. Adediran, Bruce A. Green 2024 Fordham Law School

Foreword: The Legal Profession And Social Change, Atinuke O. Adediran, Bruce A. Green

Fordham Law Review

Fordham University School of Law’s Stein Center for Law and Ethics has collaborated with the Fordham Law Review every year since the late 1990s to encourage, collect, and publish scholarly writings on different aspects of the legal profession, including its norms, regulation, organization, history, and development—that is, on themes relating to what law schools loosely call “legal ethics.” The legal profession is an important subject of study for legal scholars, among others. Although one U.S. Supreme Court Justice, himself a former law professor, airily derided legal ethics as the “least analytically rigorous . . . of law-school subjects,” we dispute …


Community Responsive Public Defense, Alexis Hoag-Fordjour 2024 Brooklyn Law School

Community Responsive Public Defense, Alexis Hoag-Fordjour

Fordham Law Review

This colloquium asks us to consider how social change is influencing the legal profession and the legal profession’s response. This Essay applies these questions to organizing around criminal injustice and the response from public defenders. This Essay surfaces the work of four innovative indigent defense organizations that are engaged with and duty-bound to the communities they represent. I call this “community responsive public defense,” which is a distinct model of indigent defense whereby public defenders look to their clients and their clients’ communities to help shape advocacy, strategy, and representation.

Methodologically, this Essay relies primarily on qualitative interviews with leaders …


(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson 2024 Columbia Law School

(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson

Fordham Law Review

Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.

This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …


Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer SPHR, SHRM-SCP 2024 HRM Services

Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Addressing derogatory comments among staff members requires a systematic approach. Document the incident, meet individually with each employee, and assess their reactions. Responses may vary from denial to remorse. Tailor disciplinary action based on their accountability and alignment with office values. Consider potential legal ramifications and seek HR or legal guidance if needed. Regardless, swift action is essential to maintain a respectful workplace environment.


“When Did African Americans Get The Right To Vote In Georgia?”, Marc T. Treadwell 2024 Mercer University School of Law

“When Did African Americans Get The Right To Vote In Georgia?”, Marc T. Treadwell

Mercer Law Review

Most know that the post‑Civil War Fifteenth Amendment guaranteed citizens of all races, or at least male citizens of all races, the right to vote. But notwithstanding the keen interest today in voting rights and alleged voter suppression and that well-known Fifteenth Amendment, few know that for decades African Americans were banned outright from voting in primary elections that determined state and local leaders in many Southern states. In the post‑Reconstruction South, the Democratic Party controlled every facet of state politics and government. The Party’s whites‑only primary elections ineluctably determined the outcome of general elections. The party did not allow …


The Poison Drips Through: Scotus Thins Anti-Discrimination Rights In Wake Of Legislative Attacks On The Lgbtq+ Community, Emma Blue 2024 Mercer University School of Law

The Poison Drips Through: Scotus Thins Anti-Discrimination Rights In Wake Of Legislative Attacks On The Lgbtq+ Community, Emma Blue

Mercer Law Review

Anti‑LGBTQ+ legislation has surged to a record high through state legislatures with more than 500 bills introduced and nearly 100 laws signed in 2023 alone. The overwhelming rise in targeted legislation has led the Human Rights Campaign, the largest LGBTQ+ civil rights organization in the United States, to officially declare a state of emergency for the LGBTQ+ community for the first time. The legislative attacks have branched across the nation, from curriculum to performance, seeking to ban books from schools and libraries, as well as banning public drag shows. The First Amendment of the United States Constitution has been turned …


To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, Cameron Obioha 2024 Mercer University School of Law

To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, Cameron Obioha

Mercer Law Review

At the very beginning of the opinion, the United States Court of Appeals for the Eleventh Circuit expressed that this was “one Heck of an appeal.” Patrick Valencia, Wendall Hall’s appointed lawyer on appeal, seemed to think so, too. Hall represented himself pro sefor years while incarcerated in Florida’s state prison system, and knew his case “backwards, forwards, sideways, upwards, downwards, in the dark.” Nonetheless, after he filed the initial briefs for his own appeal, the Eleventh Circuit determined it best for Hall to take second chair. When asked about his appointment to represent Hall, Valencia stated that “[he] …


To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63 2024 New York Law School

To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63

Articles and Writings

No abstract provided.


Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell 2024 Villanova University Charles Widger School of Law

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal

No abstract provided.


Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait 2024 Chicago-Kent College of Law

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.


How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick 2024 Chicago-Kent College of Law

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.


Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans 2024 Chicago-Kent College of Law

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.


How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick 2024 Chicago-Kent College of Law

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.


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