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Stripping Agency From Top To Bottom: The Need For A Sentencing Guideline Safety Valve For Bottoms Prosecuted Under The Federal Sex Trafficking Statutes, Sarah Crocker 2017 Northwestern University School of Law

Stripping Agency From Top To Bottom: The Need For A Sentencing Guideline Safety Valve For Bottoms Prosecuted Under The Federal Sex Trafficking Statutes, Sarah Crocker

Northwestern University Law Review

In domestic sex trafficking, the trafficker often promotes a victim to the coveted position of “lead prostitute,” or “bottom.” Once in this position, the victim engages in acts for which she can be prosecuted under federal sex trafficking statutes that carry ten- and fifteen-year mandatory minimum sentences. To recognize bottoms’ victimization and resulting lack of genuine agency, this Note proposes a Sentencing Guideline safety valve provision. Creating a safety valve would provide sentencing judges with necessary discretion to impose sentences below statutory floors in appropriate cases.


Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes 2017 University of Pennsylvania

Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes

CUREJ - College Undergraduate Research Electronic Journal

Despite graduating from top law schools and getting hired as associates at competitive law firms at the same rate as men, women are still disproportionately underrepresented in partnership positions in Big Law. This paper investigates supply-side and demand-side explanations for this phenomenon. Through interview-based research and a survey of 437 attorneys, I identify the major contributing factors to this persistent gender gap. My research shows that while women are taking on more at home with regard to childcare and housework than their male colleagues, they are not significantly more interested than men in leaving large law firms despite extant scholarship ...


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Matthew W. Green Jr.

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss 2017 The Catholic University of America, Columbus School of Law

Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss

Catholic University Law Review

In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty ...


Obergefell’S Impact On Functional Families, Raymond C. O'Brien 2017 The Catholic University of America, Columbus School of Law

Obergefell’S Impact On Functional Families, Raymond C. O'Brien

Catholic University Law Review

More than forty percent of children born in America are born to unmarried parents and only half of all cohabitating adults in America are currently married. While many children are born to single parents, others are part of the two-person unmarried cohabiting functional family paradigm. What is the status of these children?

This article examines the changing paradigm of parental status, specifically vis-à-vis homosexual couples with children, and the rights of the non-biological parent after separation. This article examines the changes in law in regards to unmarried parents leading up to the Uniform Parentage Act. It describes the equitable remedies ...


Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine T. Sherman 2017 Boston College Law School

Unintended Consequences: Addressing The Impact Of Domestic Violence Mandatory And Pro-Arrest Policies And Practices On Girls And Young Women, Francine T. Sherman

Francine T. Sherman

The OJJDP-funded National Girls Initiative and the Office on Violence Against Women (OVW) convened a roundtable of advocates to discuss the unintended consequences of mandatory and pro-arrest policies for domestic violence on girls and young women. Out of that convening arose this summary report, Unintended Consequences: Addressing the Impact of Domestic Violence Mandatory and Pro-Arrest Policies and Practices on Girls and Young Women. Our hope is that this summary report fuels a conversation about the unintended consequences and impact of mandatory and pro-arrest domestic violence policies on girls, young women, and women, as well as the disproportionate impact on communities ...


Gloucester County School Board V. G.G. : Brief Of Amicus Curiae In Support Of Respondent, Terry S. Kogan 2017 University of Utah, S.J. Quincy College of Law

Gloucester County School Board V. G.G. : Brief Of Amicus Curiae In Support Of Respondent, Terry S. Kogan

Utah Law Faculty Scholarship

The sex-segregated public restroom, first man- dated by laws in the late nineteenth century, has be- come a pervasive architectural feature of contemporary America that is unlikely to disappear any time soon. Title IX and its implementing regulations recognize, and do not seek to alter, this arrangement. Understanding the origins of this social convention in the United States, however, illustrates that separating such facilities by sex was not simply a natural, neutral response to anatomical differences, but rather an ideological cultural response that reflected and reinforced the prevailing gender norms of the time.


Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr. 2017 Northern Illinois University

Colb And Dorf On Abortion And Animal Rights, Mylan Engel Jr.

Between the Species

In their recent book, Sherry Colb and Michael Dorf defend the following ethical theses: (1) sentience is sufficient for possessing the right not to be harmed and the right not to be killed; (2) killing sentient animals for food is almost always seriously wrong; (3) aborting pre-sentient fetuses raises no moral concerns at all; and (4) aborting sentient fetuses is wrong absent a reason weighty enough to justify killing the fetus. They also discuss strategies and tactics for activists: They oppose the use of graphic images by activists on tactical grounds, and they categorically oppose the use of violence by ...


Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael 2017 DePaul University College of Law

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport 2017 University of New Mexico

Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport

Elizabeth Rapaport

This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove ...


Egg Freezing On Company Dollars: Making Biological Clock Irrelevant?, Madhumita Datta 2017 Santa Clara University School of Law

Egg Freezing On Company Dollars: Making Biological Clock Irrelevant?, Madhumita Datta

DePaul Journal of Women, Gender and the Law

In an attempt to boost gender diversity, two of the technology giants of Silicon Valley, Apple and Facebook, announced in October 2014 that they would cover the costs of freezing eggs, so that women employees who want to pursue both motherhood and a serious career could conveniently ‘time’ their pregnancy. Intel followed suit in October 2015. Unlike other reproductive benefits aiming to cure a biological deficiency such as infertility, employers promote egg freezing as an investment towards women employees’ career success. Women employees may take advantage of this benefit for non-medical reasons to delay pregnancy and childbirth because of the ...


A Problem Of Competing Interests: A Detailed Look At Transgender Children In Schools, Corinne Cundiff 2017 DePaul University College of Law

A Problem Of Competing Interests: A Detailed Look At Transgender Children In Schools, Corinne Cundiff

DePaul Journal of Women, Gender and the Law

Discrimination of transgender students is an area of the law that is rapidly developing. Unfortunately for schools trying to find guidance in the law, there are conflicts regarding how schools are to work with their transgender students when it comes to access to gender specific spaces, including bathrooms and locker rooms. There is currently a disagreement among federal agencies, the courts, and the legislature regarding the protection gender identity should receive in the law. The difference of opinion among the various branches of the government equates to problems for schools that are trying to navigate this area of the law ...


Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis 2017 St. Thomas University School of Law

Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis

DePaul Journal of Women, Gender and the Law

From the moment Rodi Alvarado Pena married a Guatemalan army officer at the age of 16, she was subjected to intensive abuse, and all her efforts to get help where unsuccessful. Her husband raped and sodimized her repeatedly, attempted to abort their child by violently kicking her in the spine, dislocated her jaw, attempted to cut her hands off with a machete, kicked her in her genitals and used her head to break windows. He terrified her by bragging about his power to kill innocent civilians with impunity and all of Rodi’s pleas for help from the Guatemalan government ...


A Call For Limiting Absolute Privilege: How Victims Of Domestic Violence, Suffering With Post-Traumatic Stress Disorder, Are Discriminated Against By The U.S. Judicial System, Jerrell Dayton King, Donna J. King 2017 University of Florida

A Call For Limiting Absolute Privilege: How Victims Of Domestic Violence, Suffering With Post-Traumatic Stress Disorder, Are Discriminated Against By The U.S. Judicial System, Jerrell Dayton King, Donna J. King

DePaul Journal of Women, Gender and the Law

The U.S. court system often traumatizes victims of domestic violence (“DV”) through institutional gender discrimination, which has plagued women throughout the United States since colonial American times. In many ways the court system becomes a participant in re-victimizing and continuing the abuse of the DV victim. Abusive power and control of women exposes them to DV in alarming numbers; this causes many DV victims to experience severe trauma that results in psychological injuries such as Post-Traumatic Stress Disorder (“PTSD”). In the court system, the DV abuser enters the legal process with an advantage over his victim who suffers from ...


The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman 2017 Levin College of Law, University of Florida

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.


Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett 2017 Boston College Law School

Beyond Rehabilitation: Constitutional Violations Associated With The Isolation And Discrimination Of Transgender Youth In The Juvenile Justice System, Sonja Marrett

Boston College Law Review

The juvenile justice system is predicated on a theory of rehabilitation with concern for protecting juveniles and society. For lesbian, gay, bisexual, and transgender (“LGBT”) youth, however, the system has developed into a punitive arrangement. LGBT youth face higher rates of criminalization and incarceration for non-violent crimes than any other group of youth. They also face unique threats, including sexual, physical, and emotional harassment; isolation; and a lack of medical care. Transgender youth are especially impacted. In response, victims have increasingly brought constitutional claims against federal prison officials for unconstitutional conditions of confinement. The courts are inconsistent on whether the ...


Rape Law Gatekeeping, Corey Rayburn Yung 2017 University of Kansas School of Law

Rape Law Gatekeeping, Corey Rayburn Yung

Boston College Law Review

Police across the United States regularly act as hostile gatekeepers who prevent rape complaints from advancing through the criminal justice system by fervently policing the culturally disputed concept of “rape.” Victims are regularly disbelieved, rape kits are discarded without investigation, and, as a result, rapists remain free. The substantial empirical evidence and stories from victims across the United States demonstrate that any success in decreasing sexual violence hinges on removing the numerous police-imposed obstacles inhibiting investigation and adjudication in rape cases, beginning with substantial reform of police practices. An examination of modern cases and the historical record indicates that the ...


The Law Of Nonmarriage, Albertina Antognini 2017 University of Kentucky College of Law

The Law Of Nonmarriage, Albertina Antognini

Boston College Law Review

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the ...


Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez 2017 Roger Williams University School of Law

Trending @ Rwu Law: Deborah Gonzalez's Post: Why I Marched... 1-25-2017, Deborah Gonzalez

Law School Blogs

No abstract provided.


Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr 2017 University of Georgia School of Law

Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr

Georgia Journal of International & Comparative Law

No abstract provided.


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