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Substantially Mutated: Are Genetic Mutations “Disabilities” Under The Americans With Disabilities Act?, Jessica L. Loiacono 2021 Boston College Law School

Substantially Mutated: Are Genetic Mutations “Disabilities” Under The Americans With Disabilities Act?, Jessica L. Loiacono

Boston College Law Review

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability to ensure that disabled Americans are given equal opportunity to participate in all aspects of life. Title I of the ADA, in particular, prohibits employers from discriminating against employees because of a disability in all employment matters. Courts have struggled to consistently define which impairments constitute a disability under the statute. In June 2020, in Darby v. Childvine, Inc., the U.S. Court of Appeals for the Sixth Circuit seemingly expanded ADA coverage by holding that Sherryl Darby plausibly alleged that she was disabled due to a ...


Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams 2021 University of Mississippi

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...


License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari 2021 Boston College Law School

License To Sublicense: The Legal Possibility Of Impliedly Sublicensing A Copyrighted Work, Rohena Rajbhandari

Boston College Law Review

On March 13, 2020, in Photographic Illustrators Corp. v. Orgill, Inc., the U.S. Court of Appeals for the First Circuit held that, within copyright law, an implied sublicense is legally possible where a licensee’s nonexclusive license permits unrestricted sublicensing. This was an issue of first impression among the federal courts of appeals. This Comment argues that the First Circuit correctly concluded that implied sublicenses are legally possible and that the legal test for determining whether an implied sublicense exists must consider the relationship between the licensee and sublicensee. Nevertheless, because sublicensing necessarily excludes the copyright owner, applying a ...


Judging History: How Judicial Discretion In Applying Originalist Methodology Affects The Outcome Of Post-Heller Second Amendment Cases, Mark Anthony Frassetto 2021 William & Mary Law School

Judging History: How Judicial Discretion In Applying Originalist Methodology Affects The Outcome Of Post-Heller Second Amendment Cases, Mark Anthony Frassetto

William & Mary Bill of Rights Journal

This Article aims to assess how the federal appellate courts have applied the originalist methodology in Second Amendment cases in the decade since Heller. It reviews how courts’ varying approaches to historical analysis—specifically, how courts have addressed what historical period to look to, how prevalent a historical tradition must be, and whether to address history at a high or low level of generality—can drastically affect the outcome of cases. As Justice Scalia acknowledged in McDonald, “Historical analysis can be difficult; it sometimes requires resolving threshold questions, and making nuanced judgments about which evidence to consult and how to ...


Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai 2021 William & Mary Law School

Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai

William & Mary Bill of Rights Journal

Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches ...


Pro Se Perils: The Eighth Circuit’S Approach To Sixth Amendment Challenges After Guilty Pleas, Rachael A. Minassian 2021 Boston College Law School

Pro Se Perils: The Eighth Circuit’S Approach To Sixth Amendment Challenges After Guilty Pleas, Rachael A. Minassian

Boston College Law Review

On August 27, 2019, in United States v. Dewberry, the U.S. Court of Appeals for the Eighth Circuit held that defendants who have pleaded guilty waive their right to challenge a lower court’s decision precluding them from exercising their Sixth Amendment right to self-representation. In doing so, the Eighth Circuit joined the circuit split about whether the constitutional requirements for a valid guilty plea are met when defendants are denied these pro se rights. The Fourth, Sixth, Seventh, Ninth, and Tenth Circuits had previously addressed this issue, with only the Ninth Circuit holding that a defendant may challenge ...


Judicial Review Of Visa Petition Revocations: A “Precedential Cascade”, Nicole Arata 2021 Boston College Law School

Judicial Review Of Visa Petition Revocations: A “Precedential Cascade”, Nicole Arata

Boston College Law Review

The Secretary of Homeland Security has the power to revoke approved visa petitions pursuant to the grant of authority in 8 U.S.C. § 1155, part of the Immigration and Nationality Act (INA). The circuit courts disagree over whether the Secretary’s decisions under this provision are subject to judicial review. On April 7, 2020, the United States Court of Appeals for the Fourth Circuit, in Polfliet v. Cuccinelli, held that the Secretary’s authority under 8 U.S.C. § 1155 is discretionary. In doing so, the Fourth Circuit joined nine other circuit courts to find that visa petition revocation ...


Time Is Money, Ladies: The Ninth Circuit Prohibited Prior Pay As A Factor Other Than Sex In Rizo V. Yovino, Caroline M. Gelinne 2021 Boston College Law School

Time Is Money, Ladies: The Ninth Circuit Prohibited Prior Pay As A Factor Other Than Sex In Rizo V. Yovino, Caroline M. Gelinne

Boston College Law Review

On February 27, 2020, the U.S. Court of Appeals for the Ninth Circuit in Rizo v. Yovino held that prior salary is not a valid defense against an employee’s claim under the Equal Pay Act (EPA). In so doing, the Ninth Circuit ruled that prior pay is an inherently gendered factor and became the first federal circuit court to eliminate it as a valid factor other than sex under the EPA. This Comment argues that Rizo was correctly decided but that it could have gone even further to narrow the pay gap in the United States.


The Eighth For Edmo: Access To Gender-Affirming Care In Prisons, John Ferraro 2021 Boston College Law School

The Eighth For Edmo: Access To Gender-Affirming Care In Prisons, John Ferraro

Boston College Law Review

In 2019, the U.S. Court of Appeals for the Ninth Circuit in Edmo v. Corizon, Inc. held that a prison’s denial of gender confirmation surgery to a transgender prisoner constituted cruel and unusual punishment under the Eighth Amendment. In doing so, the Ninth Circuit contravened a U.S. Court of Appeals for the Fifth Circuit decision on similar facts. This Comment argues that the Ninth Circuit’s approach was correct, as that court properly applied Eighth Amendment precedent to assess the quality of care provided to address a prisoner’s serious medical need.


Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer 2021 Cleveland-Marshall College of Law

Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer

Cleveland State Law Review

Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one’s chances of securing decent and affordable housing, escaping disadvantaged neighborhoods, and benefiting from affordable housing programs. All this was before the coronavirus pandemic that devastated jobs and savings accounts across the nation.

One of the biggest impacts that eviction has on renters is a public court ...


Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel 2021 William S. Boyd School of Law, University of Nevada Las Vegas

Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel

Cleveland State Law Review

ALI Restatements of the Law have traditionally exerted significant influence over court decisions and the development of the common law. During the past two decades, however, the ALI has seen an upsurge in interest group activity designed to shape or even thwart aspects of the Institute’s work. Most recently, the Restatement of the Law of Liability Insurance (RLLI) has been the focus of not only criticism of particular provisions but a concerted effort by members of the insurance industry to demonize the project as a whole and bar use of the document by courts.

The vehemence of insurer opposition ...


"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen 2021 Ono Academic College Law School

"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen

Cleveland State Law Review

This Article examines the development and efficiency of the procedure for correction of a clerical mistake in a judgment in the Israeli law. As is well known, the procedure offers a short and simple way to correct an error in language within a decision. The litigants may file a motion to correct a decision in the same court that granted it, without having to file an appeal in the appellate court. The difficulty, however, is that this procedure contains three fundamental flaws that might even hinder its purpose: First, the law binds the parties and the court to the same ...


Mdl In The States, Zachary D. Clopton, D. Theodore Rave 2021 Northwestern Pritzker School of Law

Mdl In The States, Zachary D. Clopton, D. Theodore Rave

Northwestern University Law Review

Multidistrict litigation (MDL) is exploding. MDL makes up a large and increasing portion of the federal civil docket. It has been used in recent years to manage and resolve some of our largest controversies: opioids, NFL concussions, Volkswagen “clean” diesel, and many more. And, given its growing importance, MDL has come to dominate the academic literature on complex litigation.

At its base, MDL is a tool to coordinate related cases across different courts in service of justice, efficiency, and fairness. These goals are not unique to the federal courts. State courts handle far more cases than federal courts, including the ...


Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith 2021 Northwestern Pritzker School of Law

Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith

Northwestern University Law Review

Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has ...


Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia 2021 Northwestern Pritzker School of Law

Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia

Northwestern Journal of Law & Social Policy

Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020 ...


No Child Was Harmed In The Making Of This Video: Morphed Child Pornography And The First Amendment, Taylor Comerford 2021 Boston College Law School

No Child Was Harmed In The Making Of This Video: Morphed Child Pornography And The First Amendment, Taylor Comerford

Boston College Law Review

On February 13, 2020, the Fifth Circuit Court of Appeals held, in United States v. Mecham, that the First Amendment does not protect morphed child pornography as a form of speech. The Fifth Circuit found that “morphed child pornography” is like “real child pornography” because the content harms the emotional health and reputation of a child. Thus, the Fifth Circuit held that the First Amendment excludes both forms of child pornography from protection. The Sixth and Second Circuits follow this rule, emphasizing that the government has a strong imperative to intervene in situations that harm children. In contrast, the Eighth ...


The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg 2021 Boston College Law School

The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg

Boston College Law Review

In 2020, in U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled “generic.com,” as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that this ruling would limit competition. He claimed that allowing Booking.com to trademark its brand name, which contains terms that competitors use to describe similar business activities, would essentially be giving it a monopoly. This Comment supports the majority’s decision, as ...


The Expansive Scope Of The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Allison R. Ferraris 2021 Boston College Law School

The Expansive Scope Of The Ministerial Exception After Our Lady Of Guadalupe School V. Morrissey-Berru, Allison R. Ferraris

Boston College Law Review

On July 8th, 2020, the United States Supreme Court held in Our Lady of Guadalupe School v. Morrissey-Berru that two parochial school teachers, Kristen Biel and Agnes-Morrissey-Berru, were ministers for purposes of the First Amendment’s ministerial exception. This meant that the First Amendment barred their respective employment discrimination actions notwithstanding the merit of their claims. When the Court first recognized the ministerial exception in 2012, in Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, it determined that an employee qualified as a minister through a multi-factor, totality of the circumstances analysis. Yet, in reaching its conclusion in ...


The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law, Susan Carle 2021 American University Washington College of Law

The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law, Susan Carle

Articles in Law Reviews & Other Academic Journals

The article explores the uses in anti-discrimination law of social neuroscience—a broad interdisciplinary field that draws on the insights of brain science, medicine, epidemiology, social psychology, behavioral economics, moral cognitive neuroscience and many other experimentally based disciplines. It discusses the promising uses of social neuroscience findings from all these subfields on such matters as the irrational biases of “fast” thinking processes in general, and implicit biases against “out” groups more specifically, as well as group conformity, the black sheep effect, and more. The article traces a few of the ways these insights can help inform anti-discrimination law in both ...


To Fee Or Not To Fee: The Availability Of Attorney’S Fees In Declaratory Relief Actions For Copyright Abandonment Under The Copyright Act, Katherine Goetz 2021 Boston College Law School

To Fee Or Not To Fee: The Availability Of Attorney’S Fees In Declaratory Relief Actions For Copyright Abandonment Under The Copyright Act, Katherine Goetz

Boston College Law Review

On May 13, 2020, in Doc’s Dream, LLC v. Dolores Press, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a court has discretion under § 505 of the Copyright Act to award reasonable attorney’s fees in declaratory relief actions for copyright abandonment. In this matter of first impression, the Ninth Circuit reversed the U.S. District Court for the Central District of California’s holding that a declaratory relief action for copyright abandonment does not invoke the fee-shifting provision under the Copyright Act. This Comment argues that the Ninth Circuit’s holding appropriately reflects ...


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