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Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell 2019 University of Connecticut

Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell

Fordham Law Review

Gender equality, across all the ways that we humans are engendered, is an unrealized ideal of many contemporary Americans. It is not enshrined in the U.S. Constitution, unless one interprets “men” to include women, which the Framers did not. Although passed by Congress in 1972, the Equal Rights Amendment (ERA) failed to gain the necessary thirty-eight state ratifications, and it has never become law. Thirty-five states initially ratified it between 1972 and 1977, then two more in 2017 and 2018. It remains one state short. These ratifications indicate significant social progress for women, but the progress is uneven, even ...


The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen 2019 Barry University School of Law

The Lawyer As Superhero: How Marvel Comics' Daredevil Depicts The American Court System And Legal Practice, Louis Michael Rosen

Faculty Scholarship

This article will explore on the portrayal of lawyers and the legal system in Daredevil comic books, particularly issues published in the Twenty-First Century. Because the Daredevil movie and the first two seasons of the Netflix television series have already been examined from various legal perspectives in past articles, this piece will highlight legal storylines from the comics themselves. This exploration is important because writers of future Netflix seasons will surely draw story elements from the comics discussed here and will very likely adapt these exact stories, encouraging the larger television audience to seek out and read the original comics ...


Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise 2019 University of Michigan Law School

Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise

Michigan Journal of Gender and Law

As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity ...


California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez 2019 California State University, Monterey Bay

California Rural Legal Assistance Employment Education Outreach Project, Daisy Leon Melendrez

Capstone Projects and Master's Theses

California Rural Legal Assistance is a nonprofit law firm that provides no cost legal services to low-income individuals in Santa Cruz County. The social problem is that too many workers face employment rights violations. The agency problem is a reduction in the number of people seeking employment legal services from CRLA. This outreach project focused on spreading awareness of CRLA’s employment legal services by attending local grocery stores and farmer’s market, with the purpose of promoting agency’s services to the community. Agency materials were distrusted and a questionnaire was used to determine why people are not seeking ...


Commencement Calls For Review Of Annual Milestones, Austen L. Parrish 2019 Indiana University Maurer School of Law

Commencement Calls For Review Of Annual Milestones, Austen L. Parrish

Austen Parrish (2014-)

This weekend is a time of celebration in Bloomington, as we welcome friends and family of the Class of 2019 for our annual commencement ceremony. It’s an important milestone in our students’ lives. Commencement is also a time for looking back. The past year saw several significant milestones for the IU Maurer School of Law. I’d like to touch on just a few of them in this month’s column.


Putting Accessible Expression To Bed, Jamila A. Odeh 2019 University of Michigan Law School

Putting Accessible Expression To Bed, Jamila A. Odeh

Michigan Law Review

In 2011, the Occupy movement began. Occupiers seized space in dozens of public parks and in the American imagination, providing a compelling illustration of an inclusive format of political expression. In the courtroom, protesters sought injunctive relief on First Amendment grounds to protect the tent encampments where Occupiers slept. In 2017, the last of the Occupy litigation ended; but the ramifications the Occupy cases hold for the First Amendment and expressive conduct remain unexamined.

This Comment takes an in-depth look at the adjudication of Occupiers’ First Amendment interest in sleeping in public parks. It analyzes the adjudication of the Occupy ...


Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua ONG 2019 Singapore Management University

Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong

Research Collection School Of Law

Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School of Law 2019 Roger Williams University

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.


Racial Indirection, Yuvraj Joshi 2019 Yale Law School

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch 2019 Seattle University School of Law

Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch

Seattle University Law Review

This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to ...


Social Justice Implications For "Retail" Ced, Paul R. Tremblay 2019 Boston College Law School

Social Justice Implications For "Retail" Ced, Paul R. Tremblay

Boston College Law School Faculty Papers

This short essay represents an extended abstract of some ideas prepared for a moderated discussion group entitled “CED Is Access to Justice” at the AALS Annual Meeting in San Diego in January, 2018. The Journal of Affordable Housing and Community Development Law has now published the collected abstracts from the discussants, including this piece. The aim of this essay is to identify the social justice implications and community-building qualities of what it calls “retail” community economic development (CED)—that is, transactional work on behalf of individual entrepreneurs seeking to establish successful new businesses, typically in underserved localities. Critics persuasively note ...


Crise Linguistique En Algérie: Les Conséquences De L’Arabisation, Lily Keener 2019 Arcadia University

Crise Linguistique En Algérie: Les Conséquences De L’Arabisation, Lily Keener

Senior Capstone Theses

This essay details the implementation and eventual failure of the Arabization policies intended to reinstate and reform Arabophone and Islamic culture in Algeria after independence. I lay out the actions taken by the ruling party (the FLN) against the three main languages spoken in Algeria - Algerian Arabic, French, and Berber - through various laws and even in the language of the Algerian constitution. Ultimately, I conclude that the attempted repression of these languages is an injustice against the Algerian people and should desist for the good of the country.


Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga 2019 St. Mary's University School of Law

Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga

St. Mary's Law Journal

Statutes governing preservation of presidential records must be adapted to accommodate presidents’ evolving use of social media accounts. The Freedom of Information Act is meant to promote government transparency, and subjects governmental agencies to information requests from members of the public. However, as it relates to social media records, the problem is one of volume; are the means of preservation currently in place able to adequately address the vast amount of records created by a President’s use of social media? This Comment argues that they are not, although they do provide a useful basis for how to adapt record ...


Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard 2019 St. Mary's University School of Law

Happy Golden Anniversary, St. Mary's Law Journal!, Stephen M. Sheppard

St. Mary's Law Journal

Stephen M. Sheppard, Dean of St. Mary's University School of Law, congratulates the St. Mary's Law Journal on its fiftieth anniversary in this foreword to Volume 50.


Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller III 2019 Special Counsel's Office

Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller Iii

U.S. Department of Justice Publications and Materials

EXECUTIVE SUMMARY TO VOLUME I

RUSSIAN SOCIAL MEDIA CAMPAIGN

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation- a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Y evgeniy Prigozhin and companies he controlled. Pri ozhin is widel re orted to have ties to Russian President Vladimir Putin [redacted]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [redacted]

The IRA later used social ...


St. Mary's Law Journal Fiftieth Anniversary, John Cornyn 2019 U.S. Senate

St. Mary's Law Journal Fiftieth Anniversary, John Cornyn

St. Mary's Law Journal

Senator John Cornyn of Texas congratulates the St. Mary's Law Journal on its fiftieth anniversary.


An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú 2019 St. Mary's University School of Law

An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú

St. Mary's Law Journal

Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.

This article is the culmination of ...


The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo 2019 St. Mary's University School of Law

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...


Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Unfamiliar Justice: Indigent Criminal Defendants' Experiences With Civil Legal Needs, Lauren Sudeall, Ruth Richardson 2019 Georgia State University College of Law

Unfamiliar Justice: Indigent Criminal Defendants' Experiences With Civil Legal Needs, Lauren Sudeall, Ruth Richardson

Lauren Sudeall

Our legal system - and much of the research conducted on that system - often separates people and issues into civil and criminal silos. However, those two worlds intersect and influence one another in important ways. The qualitative empirical study that forms the basis of this Article bridges the civil-criminal divide by exploring the life circumstances and events of public defender clients to determine how they experience and respond to civil legal problems.

To date, studies addressing civil legal needs more generally have not focused on those individuals enmeshed with the criminal justice system, even though that group offers a rich source ...


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