Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 39

Full-Text Articles in Law

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. …


Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon Jan 2022

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon

St. John's Law Review

(Excerpt)

Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …


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 …


Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr. Dec 2017

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring confusion. …


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

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 people and …


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

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.


Procedural Due Process Claims, Erwin Chemerinsky Jun 2017

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan May 2017

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch May 2017

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz Apr 2015

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov Jan 2015

The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov

University of Richmond Law Review

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas Oct 2014

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


Review Of The Singapore Companies Act: Consultation On Draft Legislative Changes To Companies Act, Wai Yee Wan Jun 2014

Review Of The Singapore Companies Act: Consultation On Draft Legislative Changes To Companies Act, Wai Yee Wan

Wai Yee WAN

In October 2013, MOF and ACRA sought further public consultation (“Second Consultation”) on the second part of the Draft Companies (Amendment) Bill 2013 that covers legislative amendments relating to foreign companies and other aspects of the Companies Act, including those relating to enhancing the powers of the Registrar of Companies to strike off companies and to share buyback limits. This note discusses some of the more controversial, as well as the significant, changes that are proposed in the Second Consultation.


California's Constitutional Right To Privacy, J. Clark Kelso Nov 2012

California's Constitutional Right To Privacy, J. Clark Kelso

Pepperdine Law Review

No abstract provided.


Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne Nov 2012

Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne

University of Richmond Law Review

No abstract provided.


F10rs Sgb No. 1 (Election Code), Bonvillain, Alexander, Elmore, B Jones, D Jones, Lemoine, Vaughn, Wells Apr 2011

F10rs Sgb No. 1 (Election Code), Bonvillain, Alexander, Elmore, B Jones, D Jones, Lemoine, Vaughn, Wells

Student Senate Enrolled Legislation

No abstract provided.


F10rs Sgb No. 2 (Finance Bills), Caffarel Apr 2011

F10rs Sgb No. 2 (Finance Bills), Caffarel

Student Senate Enrolled Legislation

No abstract provided.


Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley Nov 2009

Land Use And Zoning Law: The Current Lay Of The Land, Philip C. Strother, Matthew R. Farley

University of Richmond Law Review

No abstract provided.


Labor And Employment Law, Anne Richardson Smith Nov 2008

Labor And Employment Law, Anne Richardson Smith

University of Richmond Law Review

No abstract provided.


An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico Jan 2008

An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico

NYLS Law Review

No abstract provided.


Family And Juvenile Law, Lynne Marie Kohn Nov 2007

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.


The Revision Of The Colorado Trademark Registration Statute, Arthur H. Travers Jan 2007

The Revision Of The Colorado Trademark Registration Statute, Arthur H. Travers

Publications

No abstract provided.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Notes On The Antiquities Act And Alaska, John Freemuth Oct 2006

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.


Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband Oct 2006

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides


F06rs Sgb No. 11 (Senator Duties), Mcdonald, Lynch Oct 2006

F06rs Sgb No. 11 (Senator Duties), Mcdonald, Lynch

Student Senate Enrolled Legislation

No abstract provided.


F06rs Sgb No. 10 (Staff Pay), Barber Oct 2006

F06rs Sgb No. 10 (Staff Pay), Barber

Student Senate Enrolled Legislation

No abstract provided.


F06rs Sgb No. 8 (Amend, Referendum), Hodge Oct 2006

F06rs Sgb No. 8 (Amend, Referendum), Hodge

Student Senate Enrolled Legislation

No abstract provided.


F06rs Sgb No. 14 (Ucourt Revision), Hattaway, Hodge Oct 2006

F06rs Sgb No. 14 (Ucourt Revision), Hattaway, Hodge

Student Senate Enrolled Legislation

No abstract provided.