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Misjudging A Reasonable Jury: Evidence That Courts Dismiss Meritorious Harassment Claims, Elizabeth C. Tippett, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Courts assessing summary judgment motions in Title VII harassment claims commonly grant the motion on the basis that the alleged harassment is insufficiently “severe or pervasive” to meet the legal standard. This mixed-methods study empirically tests whether there is a gap between how judges and potential jurors assess the same set of facts on the severe or pervasive element of a Title VII harassment claim. We presented study participants with facts from 80 federal harassment cases. In each case, the defendant employer moved to dismiss the case, arguing that no reasonable jury would find the alleged harassment sufficiently severe or …

From Care To Capital: Rethinking Resilience In The Philippine Labor Export System, Alexa J. Abendano

Senior Theses

Global migration has been a defining feature of the neoliberal world economy due to its ability to transform how nations manage care, labor and survival across borders. Within this system, the Philippines stands out as a country that has institutionalized labor migration as a development strategy since the 1970s. This paper examines how the Philippines states labor export policy shapes the vulnerability and resilience of migrant care workers, specifically those employed as domestic helpers in Hong Kong. By drawing on scholarship about global care economies, remittances, precarity, neoliberalism and resilience, this paper analyzes how emotional and reproductive labor are commodified …

Legal Reform And Cultural Resistance: Examining The Role Of Law And Custom In Ending Fgm In Egypt, Souhaila Hafez Abo Seada

Theses and Dissertations

This thesis examines the persistent gap between legal reform and social practice in efforts to end Female Genital Mutilation (FGM) in Egypt. Although FGM has been criminalized since 2008, with stronger penalties introduced in 2016 and 2021, the practice continues, revealing the limits of law when it operates alongside powerful social, religious, familial, and medical norms. Using a qualitative case-based approach grounded in legal pluralism and Feminist Critical Discourse Analysis, the study draws on 11 semi-structured interviews with participants from civil society, religious institutions, the legal profession, the medical sector, and communities where FGM persists, alongside legislative, demographic, and documentary …

Abuse Of Contract: A Proposal For A New Cause Of Action, Miriam A. Cherry

William & Mary Law Review

With the growth of online commerce and the platform economy, many companies are including provisions in their online terms and conditions that extend far beyond what reasonable consumers would expect. Some terms and conditions purport to bind customers to separate contracts in future transactions that have little to do with the first contract. Other boilerplate purports to cover family members of the customer who created an account. Some retailers have argued that people shopping in their brick-and-mortar stores are subject to terms and conditions because those shoppers had at some point previously created an online account. For example, Disney argued …

Skrmetti And The Problem Of Incidental Intent, Martin Katz

William & Mary Law Review

The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …

Is History Precedent?, Allison Orr Larsen

Faculty Publications

It has been just over three years since the Supreme Court instructed lower courts to evaluate Second Amendment challenges by examining history and tradition. And it is no secret that the courts have struggled. This Article tackles a phenomenon that is born of that struggle. Overwhelmed by the task of evaluating historical claims, lower courts instead are turning to other judges as authorities on history. They are using what I call in this Article “historical precedents”—meaning language about history from an older decision that the subsequent judge then treats as authority, not as part of a legal rule but for …

Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson

Journal of Dispute Resolution

Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …

The Comparator Argument In Trans-Healthcare Ban Cases, Craig Konnoth

UC Law Journal

As states have increasingly restricted gender affirming care for minors across the nation (reinforced by a recent Executive Order by President Trump), and though the Supreme Court ruled on one such state ban, a powerful argument has largely been overlooked. This argument emphasizes the fact that transgender minors are not alone in receiving gender affirming care. Cisgender minors also receive such care for precisely the same reasons as transgender minors— unwanted breast tissue development, undesired hair growth, unusual vocal development, and puberty onset. Indeed, cisgender children receive such care at higher numbers than trans children, and many of the medications …

A Case Against Mass Deportation: The Japanese American Internment Camps And Recent Treatment Of Korematsu, Isaac Bloch

UC Law Journal

The large-scale deportation of non-citizens has become a preeminent policy issue. Unfortunately, executive curtailment of immigrant communities’ liberty is not without historical parallels. During World War II, federal officials sent individuals of Japanese descent to internment camps through a series of executive orders and military proclamations. Although attorneys in the Department of Justice believed aspects of these actions were unconstitutional at the time, the administration prevailed at the nation’s highest court. Can recognition of this past wrong aid challenges to contemporary immigration enforcement regimes? How do our courts formally account for the most egregious jurisprudential errors of the past, and …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

Drug Scheduling As Institutional Design, Matthew B. Lawrence, David E. Pozen

Faculty Scholarship

Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. To make better choices, this Article argues that the CSA’s institutional design must account for three distinctive features of psychoactive drugs: the prohibition problem (drug bans tend to backfire when demand is inelastic), the pharma problem (drug companies have supercharged incentives to manipulate markets and exploit consumers), and the pluralism problem (drug policy involves irreducibly political questions that no expert discipline can answer). On their own, each of these problems calls for reform to the CSA. Taken together, they call …

Eugenics And The Carceral State: Progressive-Era Reform & The Creation Of The Modern Criminal Justice System, Laura I. Appleman

Missouri Law Review

No abstract provided.

Humanity Is Evolving Its Consciousness: The Role Of Archetypal Energies As Guides During An Unfolding Weeding Out And Alignment Process, Carroy U. Ferguson

Psychology Faculty Publication Series

Humanity is evolving its consciousness at individual and collective levels.  Given these seemingly tumultuous times, as of this writing (January 2026), to make such a statement may sound like a strange thing to say.  However, I suggest that if you are alive today and if you are reading these words, these are the very times for which you were born—to assist Humanity as it evolves its consciousness with your unique gifts, whatever they may be.  That is, this period of our individual and collective human being-ness may be characterized as an unfolding period of weeding out and alignment with the …

Adaptation Processes In Cross - Cultural Communication Within Chinese - Indonesian Workplace Settings: An Analysis Of The Tiktok Series "Day 1 Kerja Sama Orang China. ", Shi Jie, Amelia Burhan

International Review of Humanities Studies

In the background ofChina's deepening economic engagement with Indonesia under the Belt and Road Initiative, increasing numbers of Chinese workers have entered Indonesian industrial zones, creating a workplace environment characterized by intensive cross-cultural interaction. While previous studies on cross-cultural adaptation have primarily emphasized macro-level cultural barriers and language difficulties, this research shifts attention to the micro-level communicative practices through which cultural adaptation is negotiated in everyday collaboration. Drawing on Howard Giles' Communication Accommodation Theory (CAT), this study conducts a qualitative analysis of TikTok videos depicting workplace interactions between Chinese and Indonesian workers particularly those labeled "Day 1 kerja sama orang …

The Mediating Role Of Trust: How Cultural Factors Shape Consumer Acceptance Of Chinese Electric Vehicles In Jakarta, Indonesia, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the mediating role of consumer trust in the relationship between cultural factors and the purchase intention of Chinese Electric Vehicles (EVs) in Jakarta, Indonesia. While global EV adoption is often analyzed through techno-economic lenses, this research addresses a critical gap by investigating the under-explored socio-cultural dimensions that shape consumer behavior in emerging markets. Framed by an integrated theoretical approach combining Hofstede’s Cultural Dimensions, the Technology Acceptance Model (TAM), and Reception Theory, the study explores how local cultural values such as collectivism, uncertainty avoidance, and social status filter the acceptance of Chinese EV technology. A qualitative case study …

Balkin Amid Balkanization: Constitutional Construction, The Uses Of History, And Interpretive Discretion In A Divided Country, Neil S. Siegel

Texas A&M Law Review

Professor Jack Balkin’s Memory and Authority is a good book by a great constitutional theorist, but it gives me some pause. Balkin’s account of legitimate constitutional construction is so capacious and seemingly accepting of a results orientation that it may be difficult to discern when someone is doing it wrong. Balkin repeatedly implies that more is better, both regarding the number of modalities of constitutional interpretation and the kinds of history that are relevant to making constitutional arguments. Moreover, he repeatedly declares that “history is a resource and not a command.” But modality creep may make it more challenging for …

Reinterpreting The Kutika Manuscript: A Buginese Ethnoecological Perspective, Rahmatia Ayu Widyaningrum, Priscila Fitriasih Limbong, Titik Pudjiastuti, Mamlahatun -. Buduroh -

International Review of Humanities Studies

This article offers a reinterpretation of the Kutika manuscript from a Buginese ethnoecological perspective. Departing from a philological study of the Lontara’ Kutika text in the National Library of Indonesia (PNRI) collection (code VT 129), this research examines how Buginese communities articulate their interaction with nature through this manuscript. The Kutika text has generally been understood merely as a book of time calculation, yet its background is imbued with philosophical values that show how the Buginese talk to nature, read signs, and treat nature as an equal element rather than a mere object. Using the framework of human ecology, this …

Between Stigma And Survival: Life Narratives Of Vietnamese Brides In China, Weikang Pu, Mina Elfira

International Review of Humanities Studies

The phenomenon of cross-border marriages between Vietnamese women and Chinese men is often reduced by mainstream media to simplified stereotypes—depicting them as victims of human trafficking, impoverished women seeking economic escape, or submissive "imported brides." Such depictions obscure the everyday realities through which these women confront and negotiate social stigma in a foreign socio-cultural environment. Drawing on narrative interviews with ten Vietnamese brides living in different regions of China, this study examines how stigma is experienced and negotiated through everyday survival strategies. Using a qualitative narrative approach, this research explores how participants respond to stigma through practices such as economic …

Visual And Linguistic Representations And Cultural Meanings Of Bali In Rednote Videos By Bi Lu Si Bruce (2025), Yang Yang, Mina Elfira

International Review of Humanities Studies

This study examines the media presentation of Bali on the Rednote platform, and explores how content creators can build Bali into an idealized tropical lifestyle space. The research selects four videos related to Bali produced by Rednote content creator Bi Lu Si Bruce (Hong Kong House Tour Original as the object of analysis, and uses qualitative research methods combined with semiotic analysis to investigate Cultural symbols conveyed in video visual images and language narratives. The research draws on Hall’s (1997) Cultural Representation theory, Urry’s (1990) Tourist Gaze theory, MacCannell’s (1976) Staged Authenticity theory, and Lefebvre’s (1991) theory of the production …

French-Indonesian Speech Sound Interference In Quality Comparison Of Otter And Descript’S Automatic Transcription, Muhamad Raihan Maulana Putra Mulya, Myrna Laksman-Huntley

International Review of Humanities Studies

Since COVID-19, Zoom has become the primary distance communication platform integrated with automatic transcription tools such as Otter and Descript. However, meetings involving non-native French speakers can generate sound interference that reduces transcription accuracy. This study compares the automatic French transcription quality of both tools in corporate online meetings affected by interference from native Indonesian speakers. The data consists of online meeting recordings of Indonesian speakers in French based on the textbook, Affaires.com. The analysis applies Weinreich’s (2010) interference theory, Le Querler’s (1994) word class theory, Word Error Rate, and Tholly et al.’s (2025) severity levels of automatic French transcription …

Preserving Cultural Memory And Identity Of Eviction Through Digital Archives: A Case Study Of @Tamansarimelawan Instagram Account, Zulfi Al Hakim, Himawan Pratama, Mochamad Aviandy

International Review of Humanities Studies

This study examines how the Instagram account @tamansarimelawan plays a significant role in preserving collective memory and the identity of marginalized groups through digital archives. In the context of the Taman Sari urban village community, which resisted land eviction for the construction of row houses in Bandung, this research explores how Instagram as a social media platform contributes to the formation and maintenance of collective memory and community identity. Using content analysis of the @tamansarimelawan account, the study investigates the mechanisms through which social media functions as a digital repository, a medium for fostering a sense of belonging and continuity, …

Public Perception Of Pedestrian Space In Industrial Zones: A Case Study Of The Pulogadung Industrial Zone, Herlina Merinda, Hayati Sari Hasibuan, Sri Setiawati Tumuyu

International Review of Humanities Studies

Addressing the difficulties of sustainable development, the Jakarta Industrial Estate Pulogadung encounters the challenge of becoming more inclusive in constructing infrastructure for walkers by creating paths that are friendly for pedestrians As walking serves as an important sustainable and healthful means of transport, having pedestrian pathways can enhance how the public views pedestrian accessibility in their workplace. This, in turn, can promote the use of more eco-friendly public transport options. This research aims to explore how the public views pedestrians in industrial zones, with the goal of promoting spaces that are friendly to walkers. The study utilized a quantitative method …

A "Simple" Second Look: The Argument For Mandatory Judicial Recusal In Pennsylvania Post Conviction Hearings, Taylor Banks

Criminal Law Society Blog

The Due Process Clause guarantees criminal defendants an impartial adjudicator, yet post-conviction proceedings often escape meaningful judicial recusal. In Pennsylvania, the same judge who presided over a criminal trial commonly adjudicates that defendant’s post-conviction review, even when prior rulings are challenged. This Article argues that such self-review creates an objectively intolerable risk of bias, undermining due process and public confidence in the judiciary. Drawing on Supreme Court precedent and psychological research on confirmation bias, the Article demonstrates that existing recusal standards fail to address structural risks in post-conviction adjudication. It proposes legislative reform mandating judicial recusal when a judge previously …

Keeping Children Safe: Bring Kayden's Law To Ohio, Christina Woods-Tsiperson

Akron Law Review

After decades of punishing murder-suicide headlines, a growing body of evidence now corroborates what female domestic violence survivors have said for years: that family courts deciding child custody cases disproportionately reject mothers’ allegations of domestic violence and paternal child abuse. From prominent legal scholars to local family law attorneys (and increasingly, investigative reporters), many modern voices contend that mothers specifically face a litany of obstacles in court, including heightened judicial suspicion that they are “parental alienators,” a widespread minimization of coercive control, and state legal standards that  emphasize shared parenting over child safety.

Following the widely publicized murder of seven-year-old …

The Laura And Isaac Perlmutter Foundation Expands Support For The Perlmutter Center For Legal Justice At Cardozo Law Of Yeshiva University, Bringing Their Total Contribution To $16 Million, With Up To An Additional $2 Million Committed, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Laura and Isaac Perlmutter Foundation announced an additional $500,000 gift to the Perlmutter Center for Legal Justice at Cardozo School of Law, along with a four-year matching commitment of up to $2 million. The expanded support will strengthen the Center's work on wrongful convictions, clemency, resentencing, and experiential legal education while advancing criminal justice reform initiatives.

Mental Health And Conflicts: A Handbook For Empowerment, Dan Berstein

DRI Press

Mental health needs are universal. About half of us will end up having a diagnosable mental health issue at some point during our lives, and we all know what it is like to have a bad day. We also understand conflicts are hard and they often bring out the worst in us. There are simple ways to be ready for when mental health needs arise during conflicts. This handbook introduces different mental health perspectives, dispels common stereotypes, and provides tools for empowering mental health communication. This book is designed to help laypeople as well as professionals across all kinds of …

The Indispensable Role Of The Sister Disability Agencies: Safeguarding Progress And Enhancing Outcomes Through Collaboration, Lesley Cottrell, Susan Given, Christina E. Wiseman

Developmental Disabilities Network Journal

This manuscript emphasizes the critical importance of having a Disability Network of services—including University Centers for Excellence in Developmental Disabilities (UCEDDs), State Councils on Developmental Disabilities, and Protection & Advocacy organizations - in promoting systemic innovation and improved outcomes for individuals with developmental disabilities. Highlighting a case study from West Virginia, where collaboration between West Virginia University’s Center for Excellence in Disabilities, Disability Rights of West Virginia, and the West Virginia Developmental Disabilities Council has resulted in cost-effective, sustainable improvements, this paper underscores the urgent need to protect and expand these programs amidst current policy threats. The evidence underscores that …

Training On "Learn The Signs. Act Early." In Head Start And Early Head Start Shows Ineffective Without Supporting Implementation Policy, Kayla Livingston, Mary O'Donnell, Kate G. Barlow

Developmental Disabilities Network Journal

Early identification and intervention for children with developmental delays improves child outcomes, yet many children are not monitored, screened, or identified early despite its effectiveness. The relationship between the use of the Centers for Disease Control and Prevention’s “Learn the Signs. Act Early.” developmental monitoring program and referrals to intervention services is not well understood. This study investigated how “Learn the Signs. Act Early.” implementation practices within Massachusetts’ Head Start and Early Head Start agencies correlated with the rate of referrals to intervention services. Researchers utilized a non-experimental quantitative design. Secondary data on referral rates from Head Start and Early …

Educating Medical Trainees On Mental Healthcare And Intellectual And Developmental Disabilities, Andrea Palmieri, Joan B. Beasley, Micah Peace Urquilla, Jennifer Mclaren

Developmental Disabilities Network Journal

Many children and adults with intellectual and developmental disabilities (IDD) experience mental health conditions and commonly receive treatment with psychotropic medications. Prescribers often overuse these medications in children with IDD, who are frequently treated with polypharmacy and antipsychotics, a trend that continues into adulthood. Medical trainees receive little training regarding the IDD patient population. This paper describes the development and evaluation of an evidence-informed, easy-to-use training curriculum. The 6-hour training establishes a foundation for medical trainees regarding the treatment of mental health conditions in people with intellectual and developmental disabilities (IDD-MH) as part of an integrated health, interdisciplinary treatment approach. …

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