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Full-Text Articles in Law
Regulating By Example, Susan C. Morse, Leigh Osofsky
Regulating By Example, Susan C. Morse, Leigh Osofsky
Faculty Publications
No abstract provided.
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Faculty Publications
No abstract provided.
The Politics Of Immigrant Rights: Between Political Geography And Transnational Interventions, Deborah M. Weissman
The Politics Of Immigrant Rights: Between Political Geography And Transnational Interventions, Deborah M. Weissman
Faculty Publications
No abstract provided.
Housing Defense As The New Gideon, Kathryn A. Sabbeth
Housing Defense As The New Gideon, Kathryn A. Sabbeth
Faculty Publications
New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC’s ground-breaking legislation. The Article draws on NYC’s housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court’s indirect response to the Civil Rights Movement. In contrast, the NYC legislature …
Simplicity As Justice, Kathryn A. Sabbeth
Simplicity As Justice, Kathryn A. Sabbeth
Faculty Publications
Simplification of the legal system has attracted attention as a means of improving access to justice. A major motivation driving reform is the perception that pro se litigants have flooded the courts and begun clogging up the wheels of justice. Ordinary people do not know rules of procedure, evidence, or substantive law; do not handle their cases effectively or efficiently; and have, the argument goes, generated a “pro se crisis.” A number of states and localities have responded by increasing the availability of legal services, funding programs that offer solutions ranging from limited assistance to full representation, and a few …
The Expansion Of Child Pornography Law, Carissa B. Hessick
The Expansion Of Child Pornography Law, Carissa B. Hessick
Faculty Publications
This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …
Algorithms At Work: Productivity Monitoring Applications And Wearable Technology, Ifeoma Ajunwa
Algorithms At Work: Productivity Monitoring Applications And Wearable Technology, Ifeoma Ajunwa
Faculty Publications
Recent work technology advancements such as productivity monitoring software applications and wearable technology have given rise to new organizational behavior regarding the management of employees and also prompt new legal questions regarding the protection of workers’ privacy rights. In this Article, I argue that the proliferation of productivity monitoring applications and wearable technologies will lead to new legal controversies for employment and labor law. In Part I, I argue that productivity monitoring applications will prompt a reckoning of the balance between the employer’s pecuniary interests in monitoring productivity and the employees’ privacy interests. Ironically, such applications may also be both …
The Legal Foundations Of White Supremacy, Erika K. Wilson
The Legal Foundations Of White Supremacy, Erika K. Wilson
Faculty Publications
This paper focuses on a very important part of white supremacy — the legal foundations of white supremacy. The central thesis of this paper is that American law has historically played a vital role in constructing white supremacy. While America has eliminated overt race-conscious laws that favor whites, the law continues to play a critical role in maintaining white supremacy today. Unless and until we commit to understanding the history of the law in constructing white supremacy and the ways in which modern iterations of law continue to perpetuate white supremacy, white supremacy will remain an enduring feature of American …
Combatting Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig
Combatting Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig
Faculty Publications
Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior …
The Evolution Of The Voice And Vote Of Student-Athletes In Ncaa Division I Governance, Lissa L. Broome
The Evolution Of The Voice And Vote Of Student-Athletes In Ncaa Division I Governance, Lissa L. Broome
Faculty Publications
This paper explores the evolution of the student-athlete voice and vote in the NCAA Division I governance structure.