Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, 2016 University of Cincinnati College of Law
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Faculty Articles and Other Publications
This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …
Pregnancy Discrimination In The Wake Of Young V. Ups, 2016 University of Pennsylvania Carey Law School
Pregnancy Discrimination In The Wake Of Young V. Ups, Lara Grow
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Working It Off: Introducing A Service-Based Child Support Model, 2016 University of Pennsylvania Carey Law School
Working It Off: Introducing A Service-Based Child Support Model, Laura Lane-Steele
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Debunking The Myth Of Universal Male Privilege, 2016 University of Louisville Louis D. Brandeis School of Law
Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams
University of Michigan Journal of Law Reform
Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …
Reforming (But Not Eliminating) The Parental Discipline Defense, 2016 University of Michigan Law School
Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum
University of Michigan Journal of Law Reform
This Note argues that although states should retain the parental discipline defense, their legislators should rewrite their statutes to limit the defense to a specific range of disciplinary methods that social science research has shown to have either net-beneficial or net-neutral effects on children. Part II explores religious and cultural attitudes about corporal punishment, including an overview of traditional American attitudes toward corporal punishment. Specifically, it explores how religious teachings, including Evangelical Christianity, Methodism, and Judaism, affect attitudes towards parental discipline. Additionally, Part II will examine the build-up to and aftermath of Sweden’s ban on corporal punishment—the first nation worldwide …
Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, 2016 Northern Illinois University College of Law
Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, Anita Ortiz Maddali
University of Michigan Journal of Law Reform
A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and sociological and anthropological research to reveal how contemporary immigration law and policy has diluted the principle for many families—particularly those who do not fit the dominant nuclear family model, those classified as unskilled, and families from oversubscribed countries—and members within families. It explores the ways in which women and children, …
A Test To Identify And Remedy Anti-Gay Bias In Child Custody Decisions After Obergefell, 2016 Florida State University College of Law
A Test To Identify And Remedy Anti-Gay Bias In Child Custody Decisions After Obergefell, Nat Stern, Karen Oehme, Mark Joseph Stern
Scholarly Publications
No abstract provided.
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, 2016 Brooklyn Law School
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii
Brooklyn Law Review
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
Reflections On Opportunity In Life And Law, 2016 Brooklyn Law School
Reflections On Opportunity In Life And Law, Judith S. Kaye
Brooklyn Law Review
This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.
The Next Fifteen Years, 2016 New York Law School
#Advocacy: Social Media Activism's Power To Transform Law, 2016 University of Florida Levin College of Law
#Advocacy: Social Media Activism's Power To Transform Law, Stacey B. Steinberg
Kentucky Law Journal
Attorneys influence the actions of legislators, courts, and community leaders by working alongside social movements. Together, these advocates seek to challenge the status quo by setting precedent that will ensure equality and justice for all individuals. While social movements often use social media to convey their message or to gather support for their cause, many attorneys are unfamiliar with leveraging this powerful new technology.
Social media platforms provide a low-cost, fast, and easy-to-use tool that effectively disseminates information and helps advocates garner support for their cause. However, some social change advocates, including lawyers and policymakers, are hesitant to get involved …
Rationed Justice, 2016 Florida A & M University College of Law
Rationed Justice, Jennifer M. Smith
Journal Publications
In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.
Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, 2016 University of the District of Columbia David A Clarke School of Law
Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint
Journal Articles
No abstract provided.
Community Economic Development Clinic, 2016 Florida A&M University College of Law
Community Economic Development Clinic, Legal Clinic Program
Clinical Programs Brochures
The Community Economic Development Clinic is an in-house small business transactional clinic designed to provide students with a broad study of the growing area of community economic development law. Services include legal business, policy and regulatory considerations that underlie efforts to enhance the economic viability of low-income communities through the development of entrepreneurship and affordable housing.
Assistance may be provided to groups that promote community and economic development in the following areas: community preservation, development and empowerment; drug prevention; homelessness; literacy; micro-enterprise development; social welfare; youth and teen development entrepreneurship; and creating and maintaining low-income and affordable housing.
Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, 2016 University of the District of Columbia David A Clarke School of Law
Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, Mae C. Quinn
Journal Articles
No abstract provided.
A Curious Motion: The Uncertain Role Of Anti-Slapp Statutes In Federal Courts, 2016 University of Pennsylvania
A Curious Motion: The Uncertain Role Of Anti-Slapp Statutes In Federal Courts, Markus A. Brazill
Prize Winning Papers
No abstract provided.
Beyond #Thenew10 - The Case For A Citizens Currency Advisory Committee, 2016 University of Pennsylvania Carey Law School
Beyond #Thenew10 - The Case For A Citizens Currency Advisory Committee, Genevieve B. Tung, Ruth Anne Robbins
Librarian Scholarship at Penn Law
No abstract provided.
Something Old, Something New: Reflections On The Sex Bureaucracy, 2016 New York University Law School
Something Old, Something New: Reflections On The Sex Bureaucracy, Melissa Murray, Karen M. Tani
All Faculty Scholarship
This essay responds to “The Sex Bureaucracy,” in which Jacob Gersen and Jeannie Suk identify a “bureaucratic turn in sex regulation” — one that has expanded the reach of sexual regulation to include “nonviolent, non-harassing, voluntary sexual conduct” (or in their words, “ordinary sex”). In their view, the Department of Education’s campaign against sexual assault on college campuses epitomizes this bureaucratic shift. While applauding the authors’ attention to the intersection of sexuality and governance, we challenge their account of the “bureaucratic turn” as an unprecedented event. Drawing on examples from across U.S. history, we show how administrative agencies and unelected …
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, 2016 University of Toronto - Faculty of Law
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel
Osgoode Legal Studies Research Paper Series
The political dynamics that have characterized post-Mubarak Egypt have often been understood to be a battle between "religious" forces, represented by the Muslim Brotherhood and its supporters, and "secularist" forces, represented by a diverse group of civil society actors. Opposition of this latter group to the "religious" politics of the Muslim Brotherhood is therefore understood to be the primary cause of the events that led to the July 3, 2013 military coup that overthrew Egypt's only freely elected President, Mohammed Morsi. Without denying the salience of a religious-secularist divide in Egypt, this narrative of post-Mubarak politics fails to appreciate the …
Everyday Legal Problems And The Cost Of Justice In Canada: Overview Report, 2016 Osgoode Hall Law School of York University
Everyday Legal Problems And The Cost Of Justice In Canada: Overview Report, Trevor C. W. Farrow, Ab Currie, Nicole Aylwin, Lesley Jacobs, David Northrup, Lisa Moore
Osgoode Legal Studies Research Paper Series
Law and legal problems are part of everyday life. If you have ever been harassed at work, unfairly fired or evicted, divorced, not received support payments, disputed a will or a cell phone contract, or had your credit rating challenged, you may have already experienced one of these types of everyday legal problems. If so, you are not alone. Almost half (48.4%) of Canadians over 18 will experience at least one civil or family justice problem over any given three-year period. Even though many Canadians do not understand, feel connected to or welcomed by the justice system, essentially all of …