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Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll 2017 Loyola University Chicago

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny Carroll

Fordham Law Review

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals. By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize it. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others ...


“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres 2017 Fordham University School of Law

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of ...


Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson 2017 Elisabeth Haub School of Law at Pace University

Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson

Pace Law Faculty Publications

There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?


Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran 2017 University of Michigan Law School

Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran

Articles

In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.


Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom 2017 Alexander Blewett III School of Law at the University of Montana

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land and Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.


Provisions Of Uncompensated Care In American Hospitals: The Role Of The Tax Code, The Federal Courts, Catholic Health Care Facilities, And Local Governments In Defining The Problem Of Access For The Poor, Charles J. Milligan, Jr. 2017 St. John's University School of Law

Provisions Of Uncompensated Care In American Hospitals: The Role Of The Tax Code, The Federal Courts, Catholic Health Care Facilities, And Local Governments In Defining The Problem Of Access For The Poor, Charles J. Milligan, Jr.

The Catholic Lawyer

No abstract provided.


Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen 2017 University of Colorado Law School

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT ...


Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen 2017 University of Colorado Law School

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.


Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School of Law 2017 Roger Williams University

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Select State And Legislative Developments, Charles J. Tobin, Esq. 2017 St. John's University School of Law

Select State And Legislative Developments, Charles J. Tobin, Esq.

The Catholic Lawyer

No abstract provided.


Select State And Legislative Developments, Howard J. Fetterhoff 2017 St. John's University School of Law

Select State And Legislative Developments, Howard J. Fetterhoff

The Catholic Lawyer

No abstract provided.


Select State And Legislative Developments, Gerald D. D'Avolio, Esq. 2017 St. John's University School of Law

Select State And Legislative Developments, Gerald D. D'Avolio, Esq.

The Catholic Lawyer

No abstract provided.


Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms, Christopher Cataldo 2017 Boston College Law School

Discriminating Against The Dead: How To Protect Muslim Cemeteries From Exclusionary Land Use Mechanisms, Christopher Cataldo

Boston College Law Review

U.S. Muslims face virulent, entrenched opposition in constructing the cemeteries that allow them to bury their dead according to Islamic law and tradition. Despite state and federal laws designed to guard against acts of religious discrimination such as the federal Religious Land Use and Institutionalized Persons Act (“RLUIPA”), local governments impede Muslim cemetery constructions via zoning ordinances and adjudicative permit denials. As a result of these efforts, Muslims experience unfair discrimination as local land control bodies unduly delay or block their attempts to build cemeteries. To better protect Muslims’ rights in land use disputes, this Note advocates for amendments ...


Lewis V. Clarke, Summer L. Carmack 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau 2017 Texas A&M University School of Law

Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau

Texas A&M Law Review

In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a ...


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman 2017 Texas A&M University School of Law

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought ...


Esea Title I Litigation - A National View, Charles H. Wilson, Jr., Williams & Connolly Washington, D.C. 2017 St. John's University School of Law

Esea Title I Litigation - A National View, Charles H. Wilson, Jr., Williams & Connolly Washington, D.C.

The Catholic Lawyer

No abstract provided.


The Federal Government's Role In Securing Justice In Domestic Abuse Cases, Margaret Groban 2017 University of Maine School of Law

The Federal Government's Role In Securing Justice In Domestic Abuse Cases, Margaret Groban

Maine Law Review

Domestic Violence is a national crime problem that knows no boundaries—it impacts people of all races, colors, creeds, nationalities, religions, and sexual orientation. It impacts the rich and the poor and the middle class. It is clearly an equal opportunity crime. From 1980-2008, over two-thirds of victims murdered by a spouse or ex-spouse were killed by guns. In 2008, 53% of these victims were killed with guns. When a gun was in the house, an abused woman was six times more likely than other abused women to be killed. The domestic violence problem in Maine is equally stark and ...


Trending @ Rwu Law: Michael Bowden's Post: How Law School Gives Politicians A "Running Start" 09-08-2017, Michael Bowden 2017 Roger Williams University School of Law

Trending @ Rwu Law: Michael Bowden's Post: How Law School Gives Politicians A "Running Start" 09-08-2017, Michael Bowden

Law School Blogs

No abstract provided.


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