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The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted Jan 2024

The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted

University of Massachusetts Law Review

Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …


Reflections At The Silver Anniversary Of The First Trans-Inclusive Gay Rights Statute: Ruminations On The Law And Its History -- And Why Both Should Be Defended In An Era Of Anti-Trans 'Bathroom Bills', Katrina C. Rose Feb 2019

Reflections At The Silver Anniversary Of The First Trans-Inclusive Gay Rights Statute: Ruminations On The Law And Its History -- And Why Both Should Be Defended In An Era Of Anti-Trans 'Bathroom Bills', Katrina C. Rose

University of Massachusetts Law Review

In 1993, Minnesota became the first state to enact a sexual orientation civil rights statute that also provides protections for transgender people. At the twenty-fifth anniversary of that achievement, the intricate history underlying the statute remains underappreciated. The pioneering status of the 1993 state statute, as well as that of the 1975 Minneapolis trans-inclusive ordinance upon which it was based, now typically are recognized. The degree to which radical agitation against politically moderate interests did not sabotage trans-exclusive gay rights but, instead, gave birth to trans-inclusive gay rights is still largely misunderstood. The degree to which that earliest trans rights …


Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington Dec 2014

Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington

University of Massachusetts Law Review

There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.