#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, 2019 Elisabeth Haub School of Law at Pace University
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
Pace Law Faculty Publications
This Article proceeds in five parts. Part I reviews the history of the legal and social movement from gender-specific to gender-neutral statutory rape laws. This Part includes an exploration of critical scholarship responding to the Supreme Court's Michael M. decision. Part II explains the limitations of gender-specific legislation. This Part illustrates that there are two categories of gender-neutral statutory rape jurisdictions: age-differential statutes and arbitrary prosecution statutes. This Part also explores challenges to these statutes, particularly arbitrary prosecution statutes, on equal protection grounds. Part III provides empirical data that men are prosecuted at a rate four times greater than ...
Class Actions, Indivisibility, And Rule 23(B)(2), 2019 University of Michigan Law School
Class Actions, Indivisibility, And Rule 23(B)(2), Maureen Carroll
The federal class-action rule contains a provision, Rule 23(b)(2), that authorizes class-wide injunctive or declaratory relief for class-wide wrongs. The procedural needs of civil rights litigation motivated the adoption of the provision in 1966, and in the intervening years, it has played an important role in managing efforts to bring about systemic change. At the same time, courts have sometimes struggled to articulate what plaintiffs must show in order to invoke Rule 23(b)(2). A few years ago, the Supreme Court weighed in, stating that the key to this type of class action is the “indivisible” nature ...
Housing, Healthism, And The Hud Smoke-Free Policy, 2018 University of Houston Law Center
Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts
No abstract provided.
August 2017 - August 2018 Case Law On American Indians, 2018 Seattle University School of Law
August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, 2018 Vancouver Island University / private practice lawyer
I Could Turn You To Stone: Indigenous Blockades In An Age Of Climate Change, Patrick C. Canning
The International Indigenous Policy Journal
Indigenous Peoples in Canada and around the world have, for years, used blockades and direct action when alternative means of asserting their rights have failed. The Secwépemc First Nation of British Columbia, Canada, has a myth where a character, Sk’elép, encounters strangers who try to “transform” him, but fail. He tells them he could turn them to stone, but he will not. This myth is used as a lens to reflect, from a settler perspective, on the potential for future Indigenous-led blockades, which could reach the point of mass economic shutdowns, in response to a lack of action on ...
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, 2018 Fordham University School of Law
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Fordham Law Review
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to ...
Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, 2018 St. Mary's University School of Law
Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files
St. Mary's Journal on Legal Malpractice & Ethics
Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.
Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at ...
Sb 339 - Education, 2018 Georgia State University College of Law
Sb 339 - Education, Daniel F. Barrett, Alexander Hegner
Georgia State University Law Review
The Act amends the statutes in the Georgia Code applicable to the University System and Board of Regents statutes in the Georgia Code. It adds new sections that place affirmative requirements on the Board of Regents to adopt and publish new policies, which aim to encourage the dissemination of free speech across university campuses. Further, the Act directs that universities must implement disciplinary sanctions for anyone subject to the jurisdiction of the University System who interferes with the free speech of invited speakers and others on campus. Finally, the Board of Regents must publish annual reports regarding any barriers to ...
The Torch (December 2018), 2018 University of Southern Maine
The Torch (December 2018), 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
Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58
The Disenfranchisement Of Ex-Felons In Florida: A Brief History, 2018 University of Florida Levin College of Law
The Disenfranchisement Of Ex-Felons In Florida: A Brief History, Sarah A. Lewis
UF Law Faculty Publications
This paper will explore the origins of Florida’s felony disenfranchisement laws in the period from 1865 to 1968. The first part of this paper will review the Thirteenth Amendment to the U.S. Constitution, which ended slavery, and the Florida Black Code, which sought to return freedmen to a slavery-like status. The second part of the paper will explore Florida’s reaction to the passage of the Reconstruction Act of 1867, which conditioned reentrance into the Union on the writing of new state constitutions by former Confederate states extending the right to vote to all males regardless of race ...
The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, 2018 California State University, Monterey Bay
The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein
Capstone Projects and Master's Theses
The Arab Springs were a series of revolutions that took place in the Middle East which first came about in the country of Tunisia. Tensions over governmental corruption, poor economic standings, unemployment, lack of political freedom, and little progress for women’s rights. From the fall of the Ben Ali Regime to the rise of the Ennahda Islamist Party, it has truly impacted Women’s Rights in such a unique way that has shaped a great revolution. These tensions also created a domino effect throughout the Arab World which affected countries such as Egypt, Libya, Yemen, and Syria. The role ...
Geographic Discrimination: Of Place, Space, Hillbillies, And Home, 2018 West Virginia Univeristy College of Law
Geographic Discrimination: Of Place, Space, Hillbillies, And Home, William Rhee, Stephen C. Scott
West Virginia Law Review
This Essay explores the two-sided challenge of geographic discrimination, where U.S. citizens receive disparate treatment from other citizens or the government solely because of where they live or self-identify as home, through the interdisciplinary concepts of space, place, and distance; and an original examination of discrimination against Appalachians. Such disparate treatment is unavoidable and even arguably politically correct. Where we call home matters in a number of legitimate ways to include our access to jobs and services, culture, educational opportunities, and other basic human capabilities. Although technology has increased individual mobility more than ever before, a majority of Americans ...
Exited Prostitution Survivor Policy Platform, 2018 Cook County Sheriff's Office
Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter
Dignity: A Journal on Sexual Exploitation and Violence
Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, 2018 Northwestern Pritzker School of Law
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope
Northwestern Journal of Law & Social Policy
No abstract provided.
Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, 2018 Roger Williams University School of Law
Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Comment Of Legal Scholars On Occ's Community Reinvestment Act Anpr (Docket Id Occ-2018-0008), 2018 Boston College Law School
Comment Of Legal Scholars On Occ's Community Reinvestment Act Anpr (Docket Id Occ-2018-0008), Vincent Rougeau, Patricia A. Mccoy
Boston College Law School Faculty Papers
Comment submitted to the federal government on a proposal to revise the rule implementing the Community Reinvestment Act.
Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., 2018 Northwestern Pritzker School of Law
Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin
Northwestern University Law Review
The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew ...
You Are Where You Eat: Discrimination In The National School Lunch Program, 2018 Northwestern Pritzker School of Law
You Are Where You Eat: Discrimination In The National School Lunch Program, Anna Karnaze
Northwestern University Law Review
The National School Lunch Program (NSLP) serves over thirty million children daily in over one hundred thousand schools across the United States. Though it is regulated at the federal level, state and local education agencies have a great deal of authority when it comes to actually implementing the NSLP. As a result, a number of schools nationwide have adopted practices that identify students who participate in the NSLP, which causes those students to experience stigmatization. This Note focuses on two of these practices: (1) the physical separation of paying and nonpaying students in the cafeteria, often resulting in de facto ...
Explicit Bias, 2018 Northwestern Pritzker School of Law
Explicit Bias, Jessica A. Clarke
Northwestern University Law Review
In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts ...
Session 2: The U.S. Perspective, 2018 Texas A&M University School of Law
Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Peter K. Yu
This panel provides an overview of the current state of protection of moral rights in the United States, including discussion of the “patchwork” approach of federal and state laws, as well as judicial opinions.