The Force And The Resistance: Why Changing The Police Force Is Neither Inevitable, Nor Impossible, 2017 University of Pennsylvania Carey Law School
The Force And The Resistance: Why Changing The Police Force Is Neither Inevitable, Nor Impossible, Ryan Cohen
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The American Legislative Exchange Council As A "Friend Of The Court" In Education Cases, 2017 University of Pennsylvania Carey Law School
The American Legislative Exchange Council As A "Friend Of The Court" In Education Cases, Maria M. Lewis, Julie F. Mead, Daniella Hall
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Law Of Nonmarriage, 2017 University of Kentucky College of Law
The Law Of Nonmarriage, Albertina Antognini
Law Faculty Scholarly Articles
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 law. …
"Can I Touch Your Hair?" Exploring Double Binds And The Black Tax In Law School, 2017 University of Pennsylvania Carey Law School
"Can I Touch Your Hair?" Exploring Double Binds And The Black Tax In Law School, Janee T. Prince
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Willful Intent: U.S. V. Screws And The Legal Strategies Of The Department Of Justice And Naacp, 2017 University of Pennsylvania Carey Law School
Willful Intent: U.S. V. Screws And The Legal Strategies Of The Department Of Justice And Naacp, Mia Teitelbaum
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, 2017 University of Nebraska Public Policy Center
Taking Charge 2017: Satisfaction Of Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Janell C. Walther, Jake Kawamoto
Lisa PytlikZillig Publications
Between June and August of 2017, a satisfaction survey was completed by more than 1,200 randomly-selected Lincolnites (a random sample, yielding confidence intervals ranging from +/- 1-3% for the full sample, and +/- 2-8% at the district level, at the 95% confidence level1). Listed below are the main findings from that survey, including those obtained from examining the overall sample, and from comparisons among Lincoln’s four City Council Districts.
Overall Satisfaction Ratings
• On average, Lincoln residents reported greater satisfaction than dissatisfaction with most City services in 2017. The average levels of satisfaction were significantly above 3.0 (neutral) for 20 …
Twenty-Ninth Annual Corporate Law Center Symposium: Corporate Social Responsibility And The Modern Enterprise: Foreword, 2017 University of Cincinnati College of Law
Twenty-Ninth Annual Corporate Law Center Symposium: Corporate Social Responsibility And The Modern Enterprise: Foreword, Felix B. Chang
Faculty Articles and Other Publications
In December 2015, Facebook founder Mark Zuckerberg and his wife, Priscilla Chan, publicly pledged to give ninety-nine percent of their Facebook shares, then worth over $45 billion, to charitable purposes. As the receptacle for their philanthropy, the couple created a limited liability company. This touched off a flurry of commentary over the merits of limited liability companies (LLCs) versus nonprofit organizations and for-profit social enterprises such as benefit corporations. Anticipating the debates to follow, the Corporate Law Center at the University of Cincinnati College of Law (UC) held its 29th Annual Symposium (the Symposium) on corporate social responsibility and the …
Reproductive Selection Bias, 2017 Touro Law Center
Reproductive Selection Bias, Lauren R. Roth
Scholarly Works
Decades after the advent of assisted reproductive technology (ART) that allows prospective parents to deselect embryos with grave genetic illnesses – a procedure called preimplantation genetic diagnosis (PGD) – it remains a tool largely of upper class whites. In the wake of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, I argue that the time has come to focus on access in this area of reproductive rights. The next logical step is to rebut the presumption that reproductive liberty is only a negative right that prevents government interference with decisions about whether and how to procreate or not …
Communitarianism And The Roberts Court, 2017 Wayne State University
Communitarianism And The Roberts Court, Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, 2017 Roger Williams University School of Law
A Legal And Policy Analysis Of Driver's Licenses For Undocumented Rhode Islanders, Deborah Gonzalez, Peter Margulies
Law Faculty Scholarship
No abstract provided.
How The Constitution Become Christian, 2017 Roger Williams University School of Law
How The Constitution Become Christian, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Is The United States Judicial System Failing Transgender Women? A Critical Overview, 2017 Florida A&M University College of Law
Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House
Florida A & M University Law Review
This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …
The Right To Bear Arms... And Lesson Plans, 2017 Florida A&M University College of Law
The Right To Bear Arms... And Lesson Plans, Ryan Saboff
Florida A & M University Law Review
This Article will argue that due to the unique characteristics of mass school shootings, including their swiftness, unpredictability, and at times advanced planning and preparation, that American society can no longer simply rely on law enforcement to effectively stop or even prevent future acts of mass violence from occurring on our schools. Rather, legally licensed and armed teachers and school personnel are actually the most effective deterrent to mass school shootings. The primary focus of this Article will be schools kindergarten through twelfth grade (K-12), as they comprise of the majority of mass shootings in the United States and typically …
Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, 2017 University of the District of Columbia
Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson
Journal Articles
In 1964, while delivering his "Great Society Speech"' at the University of Michigan, President Lyndon B. Johnson stated that, "[e]ach year, more than 100,000 high school graduates, with proven ability, do not enter college because they cannot afford it." 2 In 1964, there were 1,037,000 students enrolled in college, according to the National Center for Education Statistics (NCES). 3 By 1965, President Johnson signed into law the Higher Education Act4 (HEA or the Act). "[T]he Act sought to bridge the ... gap for [economically and socially disadvantaged] citizens ... by providing [them] the means to pursue higher education." 5 The …
Vulnerability And Inevitable Inequality, 2017 Emory University School of Law
Vulnerability And Inevitable Inequality, Martha Albertson Fineman
Faculty Articles
The abstract legal subject of liberal Western democracies fails to reflect the fundamental reality of the human condition, which is vulnerability. While it is universal and constant, vulnerability is manifested differently in individuals, often resulting in significant differences in position and circumstance. In spite of such differences, political theory positions equality as the foundation for law and policy, and privileges autonomy, independence and self-sufficiency. This article traces the origins and development of a critical legal theory that brings human vulnerability to the fore in assessing individual and state responsibility and redefining the parameters of social justice. The theory arose in …
Is It Time To Tell? Abolishing Donor Anonymity In Canada, 2017 The Peter A. Allard School of Law
Is It Time To Tell? Abolishing Donor Anonymity In Canada, Fiona Kelly
Canadian Journal of Family Law
Over the past two decades, a growing number of donor conceived people have spoken out about the impact of donor anonymity on their health and wellbeing. A significant number of legislatures have responded to these concerns by introducing laws that prospectively (and in one case, retrospectively) abolish donor anonymity. This article considers the increasing pressure on Canadian provinces to end anonymity and introduce registers which enable donor conceived people to access their donor’s identifying information. While the article does not endorse the genetic essentialism that is often a feature of advocacy in the field, it does argue that there are …
Book Review: Autonomous Motherhood? A Socio-Legal Study Of Choice And Constraint By Susan B. Boyd, Dorothy E. Chunn, Fiona Kelly, And Wanda Wiegers, 2017 The Peter A. Allard School of Law
Book Review: Autonomous Motherhood? A Socio-Legal Study Of Choice And Constraint By Susan B. Boyd, Dorothy E. Chunn, Fiona Kelly, And Wanda Wiegers, Brenda Cossman
Canadian Journal of Family Law
No abstract provided.
A Feminist Critique Of Quebec V. A.: Evaluating The Supreme Court's Divided Opinion On Section 15 And Common Law Support Obligations, 2017 The Peter A. Allard School of Law
A Feminist Critique Of Quebec V. A.: Evaluating The Supreme Court's Divided Opinion On Section 15 And Common Law Support Obligations, Natasha Mukhtar
Canadian Journal of Family Law
A case comment on Quebec v. A. In Quebec v. A., the Supreme Court of Canada tackled a Charter challenge to the Civil Code of Quebec. The claimant, A., alleged that the legislation violated her section 15 equality rights by discriminating on the basis of marital status in excluding common law couples from spousal support and division of property upon separation. The Court delivered a lengthy, controversial, and divided decision with three lines of dissent. Ultimately, the exclusion was upheld. Quebec continued to exclude common law couples from the division of property and remained the sole province to …
Addressing Controversies About Experts In Disputes Over Children, 2017 The Peter A. Allard School of Law
Addressing Controversies About Experts In Disputes Over Children, Nicholas Bala, Rachel Birnbaum, Carly Watt
Canadian Journal of Family Law
There is significant controversy about the use of experts in child-related disputes in family and child protection proceedings in Canada. The 2015 Lang Review of the Motherisk Laboratory at Toronto's Hospital for Sick Children concluded that experts retained by child protection agencies were introducing unreliable expert testimony about parental drug and alcohol use. The recent decision of Ontario Court of Appeal in M. v. F. suggested that evidence from a party-retained expert critiquing the opinion of a court-appointed psychologist is "rarely" helpful or admissible. This paper addresses these and related controversies about the use of experts in child-related cases. It …
Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, 2017 The Peter A. Allard School of Law
Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, Donna Martinson, Margaret Jackson
Canadian Journal of Family Law
Access-to-justice studies initiated by Canadian lawyers and judges in the past four years have described the urgent need for family law reform. Reports from the studies discuss the need for a cultural shift—a fresh approach and a new way of thinking—in the reform process. A Roadmap for Change, the final report of the National Action Committee on Access to Justice, emphasizes the importance of providing justice, not just access: "Providing justice—not just in the form of fair and just process, but also in the form of fair and just outcomes—must be our primary concern." This article deals with the need …