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2,446 full-text articles. Page 1 of 44.

The Issue Class, Joseph A. Seiner 2015 University of South Carolina School of Law

The Issue Class, Joseph A. Seiner

Boston College Law Review

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This Article does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored: what is the best tool currently available for workers to pursue ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Eliminating Undue Burdens To Women's Health: Reproductive Justice Under A “Contexual Intent” Standard, Katie L. Filous 2015 DePaul University

Eliminating Undue Burdens To Women's Health: Reproductive Justice Under A “Contexual Intent” Standard, Katie L. Filous

Katie L. Filous

By examining Jackson Women’s Health Organization, et. al. v. Mary Currier, et. al., this article will advocate for the position that the Supreme Court should utilize a “contextual intent” standard in reproductive justice cases in which “undue burdens” and “substantial obstacles” are being evaluated. Part I of the article will discuss the shift from reproductive “rights” to reproductive “justice” by discussing various state legislatures’ attempts at restricting abortion in conjunction with Ian Haney Lopez’s “contextual intent” theory. Part II will discuss the historical roots of varying analyses of reproductive justice cases, from public health and safety to fetal ...


Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica B. Carusello 2015 Florida State University

Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica B. Carusello

Monica B Carusello

No abstract provided.


Does The Right To Elective Abortion Include The Right To Ensure The Death Of The Fetus?, Stephen G. Gilles 2015 Quinnipiac University School of Law

Does The Right To Elective Abortion Include The Right To Ensure The Death Of The Fetus?, Stephen G. Gilles

Stephen G Gilles

Is the right to an elective abortion limited to terminating the woman’s pregnancy, or does it also include the right to ensure the death of the fetus? Important as this question is in principle, in today’s world the conduct that would squarely raise it cannot occur in practice. The right to elective abortion applies only to fetuses that are not viable, which by definition means that they have been determined to have no realistic chance of surviving outside the uterus. Even if abortion providers used fetus-sparing methods rather than the fetus-killing methods they currently prefer, pre-viable fetuses would ...


India's Companies Act Of 2013: A Governance Shift Into The Sunlight, Sarah C. Alvy 2015 California Western School of Law

India's Companies Act Of 2013: A Governance Shift Into The Sunlight, Sarah C. Alvy

Sarah C Alvy

Recently enacted, the Companies Act of 2013 overhauls India’s corporate governance framework and has left the country anticipating whether implementation of the Act will be successful in attaining its policy objectives. This Article examines and critiques three provisions of the Act, including mandatory female board directorship, corporate social responsibility, and auditor rotation. The Article uses global business case studies to argue, from a managerial perspective, that each provision will enhance corporate governance and oversight, resulting in a more efficient Indian capital market. Also, the Article comments on how the U.S. could emulate India in adopting a regulation designed ...


New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp 2015 DePaul University

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.


New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp 2015 DePaul University

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School for New Learning Faculty Publications

No abstract provided.


Women, Pmscs And International Law, Ana Filipa Vrdoljak 2015 University of Technology, Sydney

Women, Pmscs And International Law, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

It is deeply ironic that as the implementation and enforcement of international humanitarian law and human rights law has been strengthened, in the last decades, through the establishment of individual complaint procedures, specialist tribunal and courts covering breaches of human rights law, international humanitarian law and international criminal law, there has been an erosion of these principles and protections through the privatisation of governmental and intergovernmental functions. Despite an exponential increase in the contracting out of these activities to PMSCs since 2001, the legal regulation of these companies and their personnel has been slow and fragmented.

The failure of the ...


Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil 2015 Columbia Law School - Research Fellow & Director, Public Rights / Private Conscience Project

Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil

Kara Loewentheil

Reaction to the Supreme Court's opinion in Hobby Lobby v. Burwell was swift and extreme from almost all quarters. Members of the Satanic Temple, a religious group focused on personal autonomy, individual freedom, and ethical action, announced that they would henceforth be objecting to so-called “informed consent” statutes in the abortion services context. Wisconsin Governor Scott Walker’s administration, on the other hand, announced that he would no longer be enforcing Wisconsin's contraceptive equity law because it was “preempted” by the Supreme Court's decision. In this Article, I demonstrate that Scott Walker’s administration and the Satanic ...


Rights In Separate Property For Hindu Female – Autonomy, Relationality And The Law, Archana Mishra Ms. 2015 SelectedWorks

Rights In Separate Property For Hindu Female – Autonomy, Relationality And The Law, Archana Mishra Ms.

Archana Mishra

In India, among Hindus the customary laws sanctioned the male oriented law with respect to land and property and denied female their rights in land property. Access to economic rights, inheritance and property ownership to women has significant impact on her social and economic well-being. Hindu Succession Act, 1956 marks a new era in the Indian history of social legislation by removing, to an extent, the pre-existing discrimination in inheritance on grounds of gender and giving women access to economic rights. But the Act fails to live up to the promise of a legal system which aspires to ensure equality ...


Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein 2015 Georgetown university

Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The author examines in this paper two kinds of ambiguous-purpose out-of-court statements that are especially problematic under current Confrontation law--problematic in ways that we hope will be solved directly or indirectly by the Supreme Court when it renders its decision in Ohio v. Clark. The statements he examines are:

(1) Statements made by abused children concerning their abuse, for example to police, physicians, teachers, welfare workers, baby sitters, or family members, some of whom may be under a legal duty to report suspected abuse to legal authorities. At least some of these statements will be directly addressed by the Court ...


Iced Cortado: A Twenty-First Century Story, Michael A. Livingston 2015 Rutgers University School of Law-Camcen

Iced Cortado: A Twenty-First Century Story, Michael A. Livingston

Michael A. Livingston

Avi Shalatzki is a somewhat cranky law professor and a committed Republican with strong views on race, gender, and just about everything else. His worldview begins to disintegrate when he meets Cassandra Coen, a 20-something entrepreneur who frequents the same cafe. A story about love, politics, and generational differences in a changing--or is it disintegrating?--society


The Descent Of Man, Michael A. Livingston 2015 Rutgers University School of Law-Camcen

The Descent Of Man, Michael A. Livingston

Michael A. Livingston

Mordecai Lomza is a tax professor with a family in the suburbs and a subscription to every available magazine. His life is ordinary until Martha Malinconica, an old friend from law school, makes him an unusual proposal. A story about love, work, and gender roles in the 21st century.


Griswold At 50: Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel 2015 Duke Law School

Griswold At 50: Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

Challenges to federal law requiring insurance coverage of contraception are occurring on the eve of the 50th Anniversary of the U.S. Supreme Court’s decision in Griswold v. Connecticut. It is a good time to reflect on the values served by protecting women’s access to contraception.

In 1965, the Court ruled in Griswold that a law criminalizing the use of contraception violated the privacy of the marriage relationship. Griswold offered women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the ...


Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson 2014 Willamette University

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used ...


A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons 2014 College of William & Mary Law School

A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons

William & Mary Journal of Women and the Law

No abstract provided.


Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan MacLeod Heminway 2014 College of William & Mary Law School

Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway

William & Mary Journal of Women and the Law

No abstract provided.


Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir 2014 College of William & Mary Law School

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

William & Mary Journal of Women and the Law

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural ...


Mail Order Feminism, Marcia Zug 2014 College of William & Mary Law School

Mail Order Feminism, Marcia Zug

William & Mary Journal of Women and the Law

This Essay will argue that America’s current marriage crisis is a problem that could be solved by encouraging mail order marriages. Specifically, Part I of this Article will show how the current marriage crisis is the result of an increasing educational gap between American men and women that is leaving less educated men with few marriage prospects. It will further argue that the loss of marriage prospects is concerning both because marriage is often the social institution that supports men as their job prospects falter and because it has the potential to create an angry and dangerous underclass of ...


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