Digital Commons Network^™

Religious Accommodations In The Dobbs Era, Ann C. Mcginley

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Given the deep political divide in the U.S. and the emotional response to the abortion issue, workplaces may become hostile environments that harm workers based on their pro- or anti-abortion views or their out-of-work activism. Besides hostile environments, some workers may suffer workplace discipline based on their speech at work or refusals to engage in certain job requirements. Disciplining employees for engaging in workplace speech or refusal to perform parts of their jobs may violate workers’ rights under Title VII of the Civil Rights Act of 1964, which requires that employers grant religious accommodations in the workplace if doing so …

Am I My Colleague's Keeper When It Comes To Disclosing Connections?, Nancy B. Rapoport

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No abstract provided.

Catholic Sexual Abuse In Louisiana, Leslie C. Griffin

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No abstract provided.

Failing To See What's In Front Of Our Eyes: The Effect Of Cognitive Errors On Corporate Scandals, Nancy B. Rapoport

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Why do we believe flim-flam artists so readily, especially in the business and commercial realm? This Article explores four reallife versions of “The Emperor’s New Clothes” fable—FTX, WeWork, Theranos, and a former bankruptcy judge’s hidden romance— and asks why people bought into the hype. Where were the warning signs, and how might we better spot those signs in the future?

A Life In Service: Interview With The Hon. Christopher M. Klein, Nancy B. Rapoport

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Over the course of a few days, Judge Christopher M. Klein agreed to sit down, figuratively speaking, with Professor Nancy Rapoport and answer a few questions about how he approaches his job as a bankruptcy judge.

By way of background, Judge Klein was appointed to the bench in 1998 as a United States Bankruptcy Judge for the Eastern District of California. He was a member of the Bankruptcy Appellate Panel of the Ninth Circuit from 1998 through August 2008, serving as Chief Judge from 2007 to 2008. Prior to 1988, after service in the Marine Corps as an artillery officer …

Who Bears The Burden When Prison Guards Rape?, Meredith B. Esser

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Several recent scandals have highlighted the continued problem of institutional sexual abuse within the federal Bureau of Prisons ("BOP"). Most notoriously, the rampant sexual abuse of women incarcerated at Federal Correctional Institution ("FCI") Dublin, also known as the "rape club," resulted in the prosecution and conviction of several high-ranking officials within FCI Dublin, including both the former Warden and former Chaplain who worked there for several years. In response to these patterns of misconduct, the Federal Sentencing Commission's new guidelines, which went into effect on November 1, 2023, now allow for victims of custodial sexual assault to apply for early …

Extraordinary Punishment: Conditions Of Confinement And Compassionate Release, Meredith B. Esser

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People experience severe forms of harm while incarcerated, including medical neglect, prolonged solitary confinement, sexual and physical violence, and a host of other ills. But civil rights litigation under the Eighth Amendment the most common vehicle through which people seek to redress these harms presents significant practical and doctrinal barriers to incarcerated plaintiffs. Most notably, the Eighth Amendment's "deliberate indifference" standard asks not whether a person has been harmed, but instead requires plaintiffs to demonstrate a criminally reckless mental state on the part of prison officials. Further, Eighth Amendment remedies are limited to damages or injunctions, which may not adequately …

A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii

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No abstract provided.

Access To Ai Justice: A Global Response To A Global Crisis, Drew Simshaw

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No abstract provided.

Building Resilience: The Role Of Public Private Partnerships In Disaster Management For Vulnerable Communities, Latisha Nixon-Jones

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This essay provides a compelling historical analysis of the legislative developments that have shaped the current framework of disaster management in the United States. By tracing the evolution of these laws, it highlights a crucial shift in disaster responsibility—from centralized government agencies to a shared burden with the communities they aim to protect. In response to this shift, I propose that disaster management agencies adopt a socio-legal framework designed to guide the formation of public- private partnerships (PPPs). Such a framework would offer a structured approach to balancing transparency with the profitability goals that often characterize private involvement in public …