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Full-Text Articles in Law
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Fordham Law Review
Modern sex offender registration and notification laws blur the distinction between criminal and civil law. Despite being labeled as civil regulatory schemes, these laws impose severe burdens on personal liberty—burdens that we tend to associate with criminal punishment. In 2003, the U.S. Supreme Court determined that at least one sex offender registration and notification program functioned as a civil remedy rather than a criminal sanction. In upholding the Alaska Sex Offender Registration Act, the Supreme Court held that the burdens imposed by the statute did not impose additional punishment on registered sex offenders and thus did not trigger the constitutional …
Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots
Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots
Fordham Law Review
The sex trafficking of women and girls by U.S. military men remains an issue plaguing U.S. military bases overseas. While the U.S. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas U.S. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all U.S. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …
Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar
Milkovich, #Metoo, And “Liars”: Defamation Law And The Fact-Opinion Distinction, Pooja Bhaskar
Fordham Law Review
Since the start of the #MeToo movement, sexual assault survivors have increasingly turned defamation law against their alleged assaulters. In these #MeToo defamation cases, an alleged victim publicly claims that another person, usually someone of considerable wealth and fame, sexually assaulted them. The alleged assaulter then calls their accuser a liar, causing their accuser to sue their alleged assaulter for defamation. These cases have consistently raised an element of the defamation analysis that has long challenged courts: distinguishing between statements of actionable “fact” and nonactionable “opinion.” #MeToo defamation cases raise the question of whether an alleged assaulter’s claim that their …
More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad
More Color More Pride: Addressing Structural Barriers To Interracial Lgbtq Loving, Praatika Prasad
Fordham Law Review Online
Through an examination of State-supported racial structures, this Essay illustrates that even after the legalization of interracial and same-sex marriages, the State’s control over housing, education, and employment prospects impedes the formation of interracial LGBTQ relationships. This Essay suggests that reducing residential segregation can be a first step in dismantling structural barriers to interracial LGBTQ loving, as truly integrated housing would increase cross-racial contact, lead to better educational and employment outcomes, and give LGBTQ people of color a chance to improve their social capital. This, together with altering how issues of race are framed within the LGBTQ community, will help …
Barbie In Bondage: What Orly Lobel’S Book “You Don’T Own Me: How Mattel V. Mga Entertainment Exposed Barbie’S Dark Side” Tells Us About The Commoditization Of The Female Body, Ann Bartow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.