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1306 full-text articles. Page 1 of 31.

Underenforcement As Unequal Protection, Deborah Tuerkheimer 2016 Northwestern University Pritzker School of Law

Underenforcement As Unequal Protection, Deborah Tuerkheimer

Boston College Law Review

Rape law is largely underenforced. Yet criticism of policing practices has myopically focused on enforcement excesses, thus overlooking the problem of the state withholding protective resources. This neglect is particularly troubling where sexual violence is at issue. Empirical evidence demonstrates the operation of pervasive biases in police officers’ decisions not to pursue an investigation. Over time, law enforcement officers have discriminated against rape victims with immunity. Recently, however, this has changed. This Article is the first to describe a new effort by the United States Department of Justice to hold law enforcement officers accountable for failing to protect victims of ...


The "Higher Law" Doctrine In Bracton And St. Thomas, Charles M. Whelan, S.J. 2016 St. John's University School of Law

The "Higher Law" Doctrine In Bracton And St. Thomas, Charles M. Whelan, S.J.

The Catholic Lawyer

No abstract provided.


Project Belle, Llc Formal Response Letter To Board & Attachments.Pdf, Daniel A. Horwitz 2016 Selected Works

Project Belle, Llc Formal Response Letter To Board & Attachments.Pdf, Daniel A. Horwitz

Daniel A. Horwitz

No abstract provided.


Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason McAward 2016 Selected Works

Congressional Authority To Interpret The Thirteenth Amendment: A Response To Professor Tsesis, Jennifer Mason Mcaward

Jennifer Mason McAward

No abstract provided.


Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue 2016 University of Miami Law School

Lies, Damn Lies, And Batson Challenges: The Right To Use Statistical Evidence To Prove Racial Bias, Graham R. Cronogue

University of Miami Race & Social Justice Law Review

This Article provides two principal contributions to the study of wrongful convictions. First, it fills a gap in the literature by clarifying the scope of a capital defendant’s constitutional right to use statistics when attacking a wrongful conviction caused by racial bias in jury selection. In doing so, the Article not only examines the content of the Court’s jurisprudence but it also explores the historical “arc” toward greater evidentiary protections. This arc has been guided primarily by the realization that prior narrower solutions have been ineffective at combating racially-motivated peremptory strikes. The Article will also place modern statistical ...


Note: Compulsory Medical Treatment For Minors And Religious Freedom, 2016 St. John's University School of Law

Note: Compulsory Medical Treatment For Minors And Religious Freedom

The Catholic Lawyer

No abstract provided.


Survey Of A Decade Of Decisions On The Law Of Obscenity, John Cornelius Hayes 2016 St. John's University School of Law

Survey Of A Decade Of Decisions On The Law Of Obscenity, John Cornelius Hayes

The Catholic Lawyer

No abstract provided.


Editorial Comment, Edward T. Fagan 2016 St. John's University School of Law

Editorial Comment, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel 2016 Ursinus College

My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel

Gender and Women's Studies Summer Fellows

Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice ...


Recent Decision: Religious Oaths, 2016 St. John's University School of Law

Recent Decision: Religious Oaths

The Catholic Lawyer

No abstract provided.


Note: A Daily Prayer For Public Schools, 2016 St. John's University School of Law

Note: A Daily Prayer For Public Schools

The Catholic Lawyer

No abstract provided.


Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran 2016 NYU School of Law

Marriage, Abortion And Coming Out, Sylvia A. Law, Scott Skinner-Thompson, Hugh Baran

New York University Public Law and Legal Theory Working Papers

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has been eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Essay argues that one explanation — or at least partial explanation — for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Essay, popular media portrayals of lesbian and gay individuals have ...


Access To Justice Is More Than The Right To Counsel: The Role Of The Judge In Assisting Unrepresented Litigants, Paris R. Baldacci 2016 New York Law School

Access To Justice Is More Than The Right To Counsel: The Role Of The Judge In Assisting Unrepresented Litigants, Paris R. Baldacci

Impact Center for Public Interest Law

No abstract provided.


Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott 2016 University of Georgia School of Law

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


This Hill Ain't Big Enough For The Both Of Us: How The Feud Between Skiers And Snowboarders Illustrates The Inequality That Has Become The Norm In Equal Protection Land Access Claims, Gregory T. Laudadio 2016 Villanova University Charles Widger School of Law

This Hill Ain't Big Enough For The Both Of Us: How The Feud Between Skiers And Snowboarders Illustrates The Inequality That Has Become The Norm In Equal Protection Land Access Claims, Gregory T. Laudadio

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff 2016 NYU School of Law

Voter Welfare: An Emerging Rule Of Reason In Voting Rights Law, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

For the first time in at least a generation, the central focus of voting rights law has returned to the issue of eligibility to cast a ballot and the act of voting itself. Unlike in prior generations, the fights over voting are centrally part of a partisan battle for electoral supremacy, and are not organized around perpetuating the historic subordination of minority populations – whatever the localized impact on minorities that the new voting rules may trigger. In the partisan environment, courts face claims of exclusion that only imperfectly map onto constitutional prohibitions of discriminatory intent or statutory protections of minority ...


Adoption And Foster Care Placement Policies: Legislatively Promoting The Best Interest Of Children Amidst Competing Interests Of Religious Freedom And Equal Protection For Same-Sex Couples, Samantha R. Lyew 2016 Notre Dame Law School

Adoption And Foster Care Placement Policies: Legislatively Promoting The Best Interest Of Children Amidst Competing Interests Of Religious Freedom And Equal Protection For Same-Sex Couples, Samantha R. Lyew

Journal of Legislation

No abstract provided.


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton 2016 Cloudigy Law PLLC

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper 2016 University of Cincinnati Law Review

The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper

University of Cincinnati Law Review

No abstract provided.


The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller 2016 Seattle University School of Law

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller

Seattle University Law Review

Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever ...


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