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Qualified Immunity's Selection Effects, Joanna C. Schwartz 2020 Northwestern Pritzker School of Law

Qualified Immunity's Selection Effects, Joanna C. Schwartz

Northwestern University Law Review

The Supreme Court has described the “driving force” behind qualified immunity to be its power to dismiss “insubstantial” cases before discovery and trial. Yet in a prior study of 1,183 Section 1983 cases filed against law enforcement in five federal court districts around the country, I found that just seven (0.6%) were dismissed at the motion to dismiss stage and just thirty-one (2.6%) were dismissed at summary judgment on qualified immunity grounds. These findings undermine assumptions about the role qualified immunity plays in filed cases, but leave open the possibility that qualified immunity serves its intended role ...


The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld, Emily Gold Waldman 2020 Elisabeth Haub School of Law, Pace University

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld, Emily Gold Waldman

Michigan Journal of Gender & Law

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist, or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal ...


Bigotry, Civility, And Reinvigorating Civic Education: Government's Formative Task Amidst Polarization, Linda McClain 2020 Boston Univeristy School of Law

Bigotry, Civility, And Reinvigorating Civic Education: Government's Formative Task Amidst Polarization, Linda Mcclain

Faculty Scholarship

In the U.S. and around the globe, concerns over a decline in civility and tolerance and a surge in lethal extremist violence motivated by hatred of religious and racial groups make condemning—and preventing—hatred and bigotry seem urgent. What meaning can the ideal of e pluribus unum (“out of many one”) have in this fraught and polarized environment? Within the U.S., a long line of jurists, politicians, and educators have invoked civic education in public schools as vital to preserving constitutional democracy and a healthy pluralism. How can schools carry out such a civic role in times ...


Broken Records: Reconceptualizing Rational Basis Review To Address “Alternative Facts” In The Legislative Process, Joseph Landau 2020 Vanderbilt University Law School

Broken Records: Reconceptualizing Rational Basis Review To Address “Alternative Facts” In The Legislative Process, Joseph Landau

Vanderbilt Law Review

In 2016, North Carolina passed “HB2,” also known as the “bathroom ban”—a law prohibiting transgender individuals from accessing public restrooms corresponding to their gender identity—based on the unfounded fear that cisgender men posing as transgender women would assault women and girls in bathrooms. Around the same time, Alabama enacted a punishing immigration law in which sponsors distorted statistics regarding the undocumented population by using the terms “Latino/Hispanic” and “illegal immigrant” interchangeably. These laws are reflective of a larger pattern. In our increasingly polarized political climate, policymakers are affirmatively distorting legislative records and promoting dubious justifications for their ...


Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson 2020 University of Massachusetts School of Law

Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson

University of Massachusetts Law Review

This Article will likewise examine the prosecution of sexual harassment in what has come to be called the Me Too Era, not only by analyzing the constitutional application and limitations of due process, the promulgation of Title IX policies4 on campuses and their effect on public students and employees, and the limited remedies available to workers in private entities, but to suggest as well ways by which academics can move their message beyond theory and into pragmatic solutions with greater impact.


Revitalizing Fourth Amendment Protections: A True Totality Of The Circumstances Test In § 1983 Probable Cause Determinations, Ryan Sullivan 2020 University of Nebraska-Lincoln

Revitalizing Fourth Amendment Protections: A True Totality Of The Circumstances Test In § 1983 Probable Cause Determinations, Ryan Sullivan

College of Law, Faculty Publications

The Article analyzes claims of police misconduct and false arrest, specifically addressing the issue of whether a police officer may ignore evidence of an affirmative defense, such as self-defense, when determining probable cause for an arrest. The inquiry most often arises in § 1983 civil claims for false arrest where the officer was aware of some evidence a crime had been committed, but was also aware of facts indicating the suspect had an affirmative defense to the crime observed. In extreme cases, the affirmative defense at issue is actually self-defense in response to the officer’s own unlawful conduct. As police ...


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 ...


The Torch (February 2020), CRTP 2020 University of Southern Maine

The Torch (February 2020), 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


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.


Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden 2020 Roger Williams University School of Law

Law School News: 'Injustice Dehumanizes Everyone It Touches' 1-31-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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.


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