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Articles 1 - 16 of 16
Full-Text Articles in Law
Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo
Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo
Pace Law Review
This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations regardless …
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
Pace Law Review
While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …
Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel
Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel
Pace Law Review
This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and FERPA …
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak
Pace Law Review
This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young
Pace Law Review
This Comment will first examine existing Supreme Court abortion and reproductive autonomy jurisprudence before seguing into an exploration of the limits of the ‘undue burden’ analysis through the Jackson Women’s Health Organization v. Currier temporary and preliminary injunction decisions. The final section of this Comment explores potential solutions from other areas of constitutional law, and proposes that some techniques for limiting the reach of state regulatory power might be imported from environmental law, which frequently must deal with interactions amongst complex regulatory regimes.
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Pace Law Review
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …
Band-Aid Solutions: New York’S Piecemeal Attempt To Address Legal Issues Created By Doma In Conjunction With Advances In Surrogacy, James Healy
Pace Law Review
No abstract provided.
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Paying Women For Their Eggs For Use In Stem Cell Research, Pamela Foohey
Pace Law Review
No abstract provided.
Women And The Law: How Far We've Come And Where We Need To Go, Michelle S. Simon
Women And The Law: How Far We've Come And Where We Need To Go, Michelle S. Simon
Pace Law Review
No abstract provided.
Goodman & Epstein, Listening To Battered Women: A Survivor-Centered Approach To Advocacy, Mental Health And Justice, Julie Goldscheid
Goodman & Epstein, Listening To Battered Women: A Survivor-Centered Approach To Advocacy, Mental Health And Justice, Julie Goldscheid
Pace Law Review
No abstract provided.
Branson, No Seat At The Table: How Corporate Governance And Law Keep Women Out Of The Boardroom, Joan Macleod Heminway, Sarah White
Branson, No Seat At The Table: How Corporate Governance And Law Keep Women Out Of The Boardroom, Joan Macleod Heminway, Sarah White
Pace Law Review
No abstract provided.
Leiper, Bar Codes: Women In The Legal Profession; Mossman, The First Women Lawyers: A Comparative Study Of Gender, Law And The Legal Professions, Renee Newman Knake
Leiper, Bar Codes: Women In The Legal Profession; Mossman, The First Women Lawyers: A Comparative Study Of Gender, Law And The Legal Professions, Renee Newman Knake
Pace Law Review
No abstract provided.
Hewlett, Off-Ramps And On-Ramps: Keeping Talented Women On The Road To Success, Rachel J. Littman
Hewlett, Off-Ramps And On-Ramps: Keeping Talented Women On The Road To Success, Rachel J. Littman
Pace Law Review
No abstract provided.
Temkin & Krahe, Sexual Assault And The Justice Gap: A Question Of Attitude, Elisabeth Mcdonald
Temkin & Krahe, Sexual Assault And The Justice Gap: A Question Of Attitude, Elisabeth Mcdonald
Pace Law Review
No abstract provided.
Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay
Talvi, Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay
Pace Law Review
No abstract provided.
Ross, Women's Human Rights: The International And Comparative Law Casebook, Mary Pat Treuthart
Ross, Women's Human Rights: The International And Comparative Law Casebook, Mary Pat Treuthart
Pace Law Review
No abstract provided.