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Full-Text Articles in Law
Equal Justice Under Law: Navigating The Delicate Balance Between Religious Liberty And Marriage Equality, Meg Penrose
Equal Justice Under Law: Navigating The Delicate Balance Between Religious Liberty And Marriage Equality, Meg Penrose
Faculty Scholarship
This Article discusses the current state of the law and offers thoughts on its future. Part Il provides a brief overview of the legal landscape involved in the clash between religious liberty and same-sex marriage From Justice Scalia's seminal religious liberty test to the evolution of same- sex marriage, Part Il describes the current law. Part III introduces the reader to public accommodations laws. After providing this brief history, Part Ill discusses three Supreme Court cases that could have resolved the religious liberty versus marriage equality question. Part IV looks ahead and draws analogies to the 1960s religious liberty objections …
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Faculty Scholarship
The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …
Tempering Glass Armor: A Demand For Improved Anti-Discrimination Housing Laws To Protect Homeless Transgender People, Jack Beasley
Tempering Glass Armor: A Demand For Improved Anti-Discrimination Housing Laws To Protect Homeless Transgender People, Jack Beasley
Student Scholarship
Homelessness is a nationwide problem that affects hundreds of thousands of people a year. Lesbian, gay, bisexual, transgender, and queer individuals face unique, additional issues in their day-to-day lives that heterosexual and cisgender individuals do not. Homeless shelters across the country are full of transgender youth and adults who are subject to more sexual violence, criminal acts, and discrimination than other homeless individuals in the same shelters. The Obama administration’s rule protecting homeless transgender people in shelters is in danger. In essence, Housing Secretary Ben Carson’s proposed rule would put homeless transgender people at a higher risk of discrimination. Agency …