A Labor Of Love: Finding Justice For Victims Of Workplace Sexual Harassment Excluded From Title Vii, 2021 American University Washington College of Law
A Labor Of Love: Finding Justice For Victims Of Workplace Sexual Harassment Excluded From Title Vii, Abigail M. Whitmore
American University Journal of Gender, Social Policy & the Law
I. Introduction
“Sexual harassment perpetuates the interlocked structure by which women have been kept sexually in thrall to men and at the bottom of the labor market. Two forces of American society converge: men’s control over women’s sexuality and capital’s control over employees’ work lives.”
I first began working with children as a college student in a part-time daycare position and eventually moved into a full-time nanny position after graduating. Working as a nanny was the perfect option for me at the time, as I was seeking temporary work in between my undergraduate education and law school. The opportunity also …
The Expressiveness Of Regulatory Trade-Offs, 2021 University of Hong Kong
The Expressiveness Of Regulatory Trade-Offs, Benjamin M. Chen
Georgia Law Review
Trade-offs between a sacred value—like human life—
against a secular one—like money—are considered taboo.
People are supposed to be offended by such trade-offs and to
punish those who contemplate them. Yet the last decades in the
United States have witnessed the rise of the cost-benefit state.
Most major rules promulgated today undergo a regulatory
impact analysis, and agencies monetize risks as grave as those
to human life and values as abstract as human dignity.
Prominent academics and lawmakers advocate the weighing of
costs and benefits as an element of rational regulation. The
cost-benefit revolution is a technocratic coup, however, if …
Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, 2021 University of Connecticut School of Law
Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin
Faculty Articles and Papers
Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …
The Politics Of Bar Admission: Lessons From The Pandemic, 2021 University of Connecticut School of Law
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
Faculty Articles and Papers
No abstract provided.
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, 2021 Chicago-Kent College of Law
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
All Faculty Scholarship
In Oncale v. Sundowner Offshore Services, Inc., the U.S. SupremeCourt recognized same-sex sexual harassment as a cognizable claim of sex discrimination under Title VII of the Civil Rights Act of 1964. At the time, many scholars found this recognition to be significant andimportant, but some also argued that the Court provided an incomplete analysis regarding the meaning of discrimination “because of sex.” Specifically, some scholars argue that the Court’s opinion reinforces the sexual desire paradigm in the analysis of sexual harassment cases. Building upon this critique, this Article focuses specifically on the harassment of men who generally are perceived as …
Foreword, 2021 Touro Law Center
L’Europe Face Aux Défis De Pluralismes Inattendu, 2021 University of Pittsburgh School of Law
L’Europe Face Aux Défis De Pluralismes Inattendu, Vivian Grosswald Curran
Book Chapters
This contribution to a Festschrift in honor of Mireille Delmas-Marty explores the challenges for Delmas-Marty’s aim of “ordered pluralism” within the EU, given the departures from fundamental EU values by some of its Member States in recent years. It touches on the divided pasts of the Western and Eastern members of the EU, building on work of C. Joerges and T. Snyder in that area, addressing how the different historical narratives may be understood. It also suggests the utility of Article 17 of the European Convention, as was done by the partially concurring, partially dissenting judges in the Navalny v. …
Submission To The Toronto Police Services Board’S Use Of New Artificial Intelligence Technologies Policy- Leaf And The Citizen Lab, 2021 Dalhousie University Schulich School of Law
Submission To The Toronto Police Services Board’S Use Of New Artificial Intelligence Technologies Policy- Leaf And The Citizen Lab, Suzie Dunn, Kristen Mj Thomasen, Kate Robertson, Pam Hrick, Cynthia Khoo, Rosel Kim, Ngozi Okidegbe, Christopher Parsons
Reports & Public Policy Documents
We write as a group of experts in the legal regulation of artificial intelligence (AI), technology-facilitated violence, equality, and the use of AI systems by law enforcement in Canada. We have experience working within academia and legal practice, and are affiliated with LEAF and the Citizen Lab who support this letter.
We reviewed the Toronto Police Services Board Use of New Artificial Intelligence Technologies Policy and provide comments and recommendations focused on the following key observations:
1. Police use of AI technologies must not be seen as inevitable
2. A commitment to protecting equality and human rights must be integrated …
Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, 2021 Assistant Professor, Dalhousie University Schulich School of Law
Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, Sherry Pictou, Janet Conway, Angela Day
Reports & Public Policy Documents
This report is a summary of the Grandmothers/Defenders’ stories and are interwoven with corresponding news articles, press releases, and other public documents. This is followed by an overview of some of the critical common issues and importantly, strategies for moving forward proposed by the Grandmothers/Defenders.
The Grandmother’s Report is a collection of stories told by Wolastoqiyik Grandmother/Defenders against the Sisson Mine in New Brunswick and Mi’kmaq Grandmothers against the Alton Gas project in Nova Scotia at the event, Indigenous Grandmothers Sharing and Learning Circle: Generating Knowledge for Action, held at the Tatamagouche Centre in Nova Scotia, January 26 to 27, …
Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, 2021 Duquesne University
Social Services And Mutual Aid In Times Of Covid-19 And Beyond: A Brief Critique, Dana Neacsu
Law Faculty Publications
May 19, 2021, marked a crucial point in the United States’ fight against the COVID-19 pandemic: sixty percent of U.S. adults had been vaccinated. Since then, Americans have witnessed the beginning of the end of the COVID-19 pandemic, but its long-term effects are here to stay. Ironically, some are unexpectedly welcome. Among the lasting positive changes is an augmented sense of individual involvement in community well-being. This multifaceted phenomenon has given rise to #BLM allyship and heightened interest in mutual aid networks. In the legal realm, it has manifested with law students, their educators, lawyers, and the American Bar Association …
Publish, Share, Re-Tweet, And Repeat, 2021 Hadar Jabotinsky Center for Interdisciplinary Research of Financial Markets
Publish, Share, Re-Tweet, And Repeat, Michal Lavi
University of Michigan Journal of Law Reform
New technologies allow users to communicate ideas to a broad audience easily and quickly, affecting the way ideas are interpreted and their credibility. Each and every social network user can simply click “share” or “retweet” and automatically republish an existing post and expose a new message to a wide audience. The dissemination of ideas can raise public awareness about important issues and bring about social, political, and economic change.
Yet, digital sharing also provides vast opportunities to spread false rumors, defamation, and Fake News stories at the thoughtless click of a button. The spreading of falsehoods can severely harm the …
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, 2021 University of Michigan Law School
Prohibiting The Punishment Of Poverty: The Abolition Of Wealth-Based Criminal Disenfranchisement, Amy Ciardiello
University of Michigan Journal of Law Reform
The majority of U.S. states disenfranchise formerly incarcerated individuals because of their poverty by conditioning re-enfranchisement on the full payment of legal financial obligations. This Note discusses the practice of wealth-based criminal disenfranchisement where the inability to pay legal financial obligations, including fines, fees, restitution, interest payments, court debts, and other economic penalties, prohibits low-income, formerly incarcerated individuals from voting. This Note argues this issue has not been adequately addressed due to unsuccessful legislative reforms and failed legal challenges. An examination of state policies, federal and state legislative reforms, and litigation shows that a more drastic state legislative solution is …
Reasonableness In Hostile Work Environment Cases After #Metoo, 2021 University of Michigan Law School
Reasonableness In Hostile Work Environment Cases After #Metoo, Danielle A. Bernstein
Michigan Journal of Gender & Law
The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the credibility of the survivor. But this upending of the status quo has occurred almost entirely in the social sphere—and the legal system, where survivors of workplace sexual harassment can seek remedies for the abuse they have suffered, is proving much slower to adapt.
While our social presumptions are flipping …
Department Of Homeland Security V. Regents Of The University Of California: The Supreme Court’S Disinterest In Reliance Interests, 2021 University of Maryland Francis King Carey School of Law
Department Of Homeland Security V. Regents Of The University Of California: The Supreme Court’S Disinterest In Reliance Interests, Rachael E. Savage
Maryland Law Review Online
No abstract provided.
Social Justice As A Necessary Guide To Public Health Disaster Response, 2021 University of Maryland Francis King Carey School of Law
Social Justice As A Necessary Guide To Public Health Disaster Response, Stephen S. Hanson
Journal of Health Care Law and Policy
No abstract provided.
Cannabis Considerations For Health Care Entities, 2021 University of Maryland Francis King Carey School of Law
Cannabis Considerations For Health Care Entities, Vanessa K. Burrows
Journal of Health Care Law and Policy
No abstract provided.
Vaccination, Disabled Children, And Parental Income, 2021 University of Maryland School of Law
Vaccination, Disabled Children, And Parental Income, Karen Syma Czapanskiy
Journal of Health Care Law and Policy
No abstract provided.
It’S Not Me; It’S You: Big Law Has Been Failing Its Black Associates, 2021 University of Maryland Francis King Carey School of Law
It’S Not Me; It’S You: Big Law Has Been Failing Its Black Associates, Justin J. Hill
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, 2021 University of Maryland Francis King Carey School of Law
Measuring Environmental Justice: Analysis Of Progress Under Presidents Bush, Obama, And Trump, Mollie Soloway
Student Articles and Papers
No abstract provided.
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, 2021 University of Maryland Francis King Carey School of Law
Criminalization And Normalization: Some Thoughts About Offenders With Serious Mental Illness, Richard C. Boldt
Faculty Scholarship
Response to Professor E. Lea Johnston, Reconceptualizing Criminal Justice Reform for Offenders with Serious Mental Illness
Abstract
While Professor Johnston is persuasive that clinical factors such as diagnosis and treatment history are not, in most cases, predictive by themselves of criminal behavior, her concession that those clinical factors are associated with a constellation of risks and needs that are predictive of criminal system involvement complicates her efforts to maintain a clear boundary between the criminalization theory and the normalization thesis. Indeed, Professor Johnston’s article contains a brief section in which she identifies “possible justifications” for the specialized programs that are …