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Full-Text Articles in Law

The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel Jan 2020

The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel

Articles

No abstract provided.


Til It Happens To You: Providing Victims Of Sexual Assault With Their Own Legal Representation, Erin J. Heuring Apr 2018

Til It Happens To You: Providing Victims Of Sexual Assault With Their Own Legal Representation, Erin J. Heuring

Idaho Law Review

No abstract provided.


Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface Apr 2018

Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface

Idaho Law Review

In 2011, the Department of Education Office of Civil Rights published a Dear Colleague Letter (DCL) detailing the department’s views on the roles and responsibilities of colleges and universities under Title IX specifically as they relate to allegations of sexual assault. Numerous studies conclude that close to 1 in 5 college women are sexually assaulted while enrolled in institutions of higher education. Many of these studies are flawed yet they are being used as the justification for administrative overreach. Despite not having the legal authority, the DCL changed the legal standard to be applied when conducting sexual assault investigations from …


Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon

Articles

Last term's decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system's inadequate response to it. In James, the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney's fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts' well-settled duty to obey the Court's decisions on federal law, this article shows that the duty rests …


Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Articles

No abstract provided.


Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Plener Cover Jan 2014

Cruel And Invisible Punishment: Redeeming The Counter-Majoritarian Eighth Amendment, Aliza Plener Cover

Articles

No abstract provided.


U.S. Torture As Tort, Richard Henry Seamon Jan 2006

U.S. Torture As Tort, Richard Henry Seamon

Articles

Now that the United States has used torture in the war on terrorism and the victims of this torture have begun to sue, it is useful to analyze the potential liability of the United States and its officials for torture under current domestic law. This Article conducts that analysis, and, based on it, assesses the adequacy of current law. The Article concludes that the United States and its officials have no more than minimal liability for torture under current law. The Article also concludes that current law is inadequate. It is inadequate because it is based on considerations of when …


Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams Jan 1999

Compulsory Arbitration Of Discrimination Claims And The Civil Rights Act Of 1991: Encouraged Or Proscribed?, Mark Adams

Articles

No abstract provided.


Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon Jan 1998

Damages For Unconstitutional Affirmative Action: An Analysis Of The Monetary Claims In Hopwood V. Texas, Richard Henry Seamon

Articles

No abstract provided.


Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard Jan 1991

Flimsy Precedent And Narrow Vision: A Call For Congressional Amendment Of Title Vii And The Ada In Response To Boureslan, Monique C. Lillard

Articles

No abstract provided.