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Human Rights And Nation-Building In Cross-Cultural Settings, Burns H. Weston 2017 University of Maine School of Law

Human Rights And Nation-Building In Cross-Cultural Settings, Burns H. Weston

Maine Law Review

Values are preferred events, “goods” we cherish; and the value of respect, “conceived as the reciprocal honoring of freedom of choice about participation in value processes,” is “the core value of human rights.” In a world of diverse cultural traditions that is simultaneously distinguished by the widespread universalist claim that “human rights extend in theory to every person on earth without discriminations irrelevant to merit,” the question thus unavoidably arises: when, in human rights decision-making, are cultural differences to be respected and when are they not? The question arises early in the nation-building enterprise where demands to preserve cultural traditions ...


Analyzing Sexual Harassment In The Workplace, Herbert G. Keene, Jr. 2017 St. John's University School of Law

Analyzing Sexual Harassment In The Workplace, Herbert G. Keene, Jr.

The Catholic Lawyer

No abstract provided.


The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein 2017 University of Maine School of Law

The Crossroads Of A Legal Fiction And The Reality Of Families, Andrew L. Weinstein

Maine Law Review

In Adoption of M.A., the Maine Supreme Judicial Court, sitting as the Law Court, held that an unmarried, same-sex couple could file a joint petition for adoption of two foster children in their care. This recent decision is only a fraction of a story that originated a long time ago when same-sex couples began raising children. This Comment begins by examining the role of the state courts and the United States Supreme Court in their exposition of family law relating to adoption by same-sex couples. The United States Supreme Court has periodically weighed in on family law and parenting ...


The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich 2017 University of Maine School of Law

The Role Of The State Attorney General In Preventing And Punishing Hate Crimes Through Civil Prosecution: Positive Experiences And Possible First Amendment Potholes, Amy Dieterich

Maine Law Review

On July 3, 2006, Lewiston, Maine resident Brent Matthews threw a pig's head as "a joke" into the town's only mosque, frequented primarily by Somali refugees, during evening services. Because of Matthews' "joke," members of the mosque were required by Islamic law to clean the desecrated area seven times, attendance at the mosque decreased, and some members said they feared physical harm. Unfortunately for Matthews, Maine is one of eight states that has given its Attorney General the authority to seek a civil remedy for a violation of a citizen's civil rights, which can be pursued concurrently ...


Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr 2017 University of Maine School of Law

Recollections Of My Time In The Civil Rights Movement, Melvyn H. Zarr

Maine Law Review

A while back, in November 2007, some students came down after class and asked me why I never told any personal stories during class. I gave them my standard reply that class time was too valuable for the telling of "war stories." "Well," they countered, "would you be willing to tell your 'back story' after class?" I had no objection to that, as long as they would set it up. I half-expected nothing further to come of it, but the students did set it up, publicizing it to the whole law school community. On the appointed day, an overflow crowd ...


Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman 2017 University of Maine School of Law

Racism, Juries, And Justice: Addressing Post-Verdict Juror Testimony Of Racial Prejudice During Deliberations, Andrew C. Helman

Maine Law Review

From the beginning, race played a role in the prosecution of Christopher McCowen for the rape and murder of well-known fashion writer Christa Worthington. To some, the trial was even a spectacle and treated as “one of the most spectacular homicide cases in [Massachusetts'] history.” It quickly became a “made-for-cable-news tale of the heiress fashion writer and her lowly Portuguese fisherman lover, illicit sex, and an out-of-wedlock child,” all set in a seaside village. McCowen, an African-American garbage man, was right in the middle of it; police and prosecutors did not believe his assertions that he had consensual sex with ...


Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey 2017 University of Maine School of Law

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult ...


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel 2017 Roger Williams University School of Law

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News 2017 Morehead State University

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.


Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.


Gender Wage Inequality: Is More Legislation The Answer?, Nicole Michele Barnhart 2017 Seattle University School of Law

Gender Wage Inequality: Is More Legislation The Answer?, Nicole Michele Barnhart

Seattle University Law Review

This Comment examines the unfortunate truth of gender wage inequality, focusing primarily on the California Fair Pay Act—one of the toughest equal pay laws in the United States. Part I examines the gender pay gap and how it is calculated. Part II provides an overview of the different laws aimed at protecting women from wage inequality both at a federal and state level. Part III discusses the negative, unintended consequences that may arise from the California Fair Pay Act by closely examining the plain language of the legislation. Part IV analyzes the underlying factors that contribute to wage inequality ...


Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?, 2017 Northwestern University School of Law

Litigating Police Misconduct: Does The Litigation Process Matter? Does It Work?

Northwestern Journal of Law & Social Policy

No abstract provided.


Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler, 2017 Northwestern University School of Law

Police In America: Ensuring Accountability And Mitigating Racial Bias Feat. Paul Butler

Northwestern Journal of Law & Social Policy

No abstract provided.


Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations, 2017 Northwestern University School of Law

Reforming The Ranks: Policy Initiatives To Ensure Police Accountability & Improve Police And Community Relations

Northwestern Journal of Law & Social Policy

No abstract provided.


Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing, 2017 Northwestern University School of Law

Building Movement: Racial Injustice, Transformative Justice And Reimagined Policing

Northwestern Journal of Law & Social Policy

No abstract provided.


Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes 2017 Frontline Reports Editor, Dignity

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting ...


Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter 2017 University of Washington School of Law

Reinvigorating Commonality: Gender And Class Actions, Brooke D. Coleman, Elizabeth G. Porter

Articles

In this Article, we examine the interplay of Rule 23(b)(2) class actions, feminism, and Title VII sex discrimination doctrine over the past fifty years to show that the theoretical concept of commonality—cohesion, unity—in the women’s movement has had a significant impact on the ability of women to seek collective redress for workplace discrimination through class actions. We describe how the four "waves” of feminism since the 1960s find corresponding analogues in the development of Title VII class action law. Beginning in the civil rights era, feminism became an entrenched part of mainstream America Over time ...


Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan 2017 University of Michigan Law School

Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan

Michigan Law Review

In 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance on Title IX compliance. This guidance has resulted in the creation of investigative and adjudicatory tribunals at colleges and universities receiving federal funds to hear claims of sexual assault, harassment, and violence. OCR’s enforcement efforts are a laudable response to an epidemic of sexual violence on college campuses, but they have faced criticism from administrators, law professors, and potential members of the Trump Administration. This Note suggests ways to alter current Title IX enforcement mechanisms to placate critics and to maintain OCR enforcement as a ...


Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll 2017 Loyola University Chicago

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll

Fordham Law Review

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals. By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize it. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others ...


The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin 2017 Boston College Law School

The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin

Lynnise E. Pantin

The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those policies arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social ...


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