Law Commons^™

Egg Freezing On Company Dollars: Making Biological Clock Irrelevant?, Madhumita Datta

DePaul Journal of Women, Gender and the Law

In an attempt to boost gender diversity, two of the technology giants of Silicon Valley, Apple and Facebook, announced in October 2014 that they would cover the costs of freezing eggs, so that women employees who want to pursue both motherhood and a serious career could conveniently ‘time’ their pregnancy. Intel followed suit in October 2015. Unlike other reproductive benefits aiming to cure a biological deficiency such as infertility, employers promote egg freezing as an investment towards women employees’ career success. Women employees may take advantage of this benefit for non-medical reasons to delay pregnancy and childbirth because of the …

A Problem Of Competing Interests: A Detailed Look At Transgender Children In Schools, Corinne Cundiff

DePaul Journal of Women, Gender and the Law

Discrimination of transgender students is an area of the law that is rapidly developing. Unfortunately for schools trying to find guidance in the law, there are conflicts regarding how schools are to work with their transgender students when it comes to access to gender specific spaces, including bathrooms and locker rooms. There is currently a disagreement among federal agencies, the courts, and the legislature regarding the protection gender identity should receive in the law. The difference of opinion among the various branches of the government equates to problems for schools that are trying to navigate this area of the law. …

Protean Statutory Interpretation In The Courts Of Appeals, James J. Brudney, Lawrence Baum

William & Mary Law Review

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia.

We begin by identifying factors that may contribute to interpretive divergence between the two judicial levels, based on their different institutional structures and operational realities. In doing so, we discuss normative implications that may follow from the prospect of such interpretive divergence. We then examine how three circuit courts have used dictionaries and legislative …

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

The ILSA Journal & Comparative Law is housed at nova Southeastern University's Shepard Broad College of Law in Fort Lauderdale, Florida and is an International Law Students Association (ILSA) publication.

Dostoevsky As Juvenile Justice Advocate And Progenitor Of Therapeutic Jurisprudence, Amy D. Ronner

St. Thomas Law Review

In this Article, I explore this fixation with childhood suffering and suggest that Dostoevsky implicitly predicted the core tenets of a relatively new legal movement, called "therapeutic jurisprudence" ("TJ"), and I broach the question of why this matters. In an effort to provide an answer, I identify Dostoevsky as an early ombudsman for therapeutic juvenile justice and link him to the voiceless "polyphonic" voices in The Brothers Karamazov and to what I denominate the poly-personae of A Writer's Diary.

Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead

St. Thomas Law Review

This article will progress as follows. In Part 1, I discuss both the medical profession and the legal profession's challenges in relation to effective communication with patients and clients. I suggest that the medical profession's response, specifically as it relates to delivering bad news, has been more proactive and widespread than the legal profession's response. Part 2 briefly reviews research dealing with legal clients' emotional responses to different forms of communication, with a view supporting the argument that clarity of information, empathic responses to clients' reactions, and collaborative problem-solving are important elements of a professional relationship. Part 3 introduces the …

Challenging The Status Quo: An Integrated Approach To Dismantling The School-To-Prison Pipeline, Nancy G. Abudu, Ron E. Miles

St. Thomas Law Review

When it comes to challenging school disciplinary policies that have an especially disparate and negative impact on students of color and students with disabilities, courts cannot be the sole or final arbiter for addressing this serious problem. Rather than acting as a discouraging force, courts routinely uphold these disruptive school disciplinary policies and end up being a major conduit in the "School-to-Prison Pipeline" (STPP). The STPP refers to the phenomenon of over-disciplining minors, which in turn results in their suspension, expulsion, and in some cases, incarceration. With limited exceptions, the cases that parents have brought on behalf of their children …

Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood

St. Thomas Law Review

This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …

Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez

St. Thomas Law Review

This comment argues that using socioeconomic data to calculate auto insurance premiums within the boundaries of a single ZIP Code disproportionally increase premiums on low-income households, leading to higher rates of uninsured drivers in these communities. Furthermore, this comment discusses how this rate scheme provides a possible avenue to illegally discriminate based on race, as a direct result of historical racial segregation and recent advances in big data. Part II.A of this comment discusses the recent amendment to the insurance laws of Florida that now allows the use of a single ZIP Code to calculate auto insurance rates. Part II.B …

Table Of Contents

Touro Law Review

No abstract provided.

Masthead

Touro Law Review

No abstract provided.

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.

A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland

Cybaris®

No abstract provided.

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …

The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright

Intercultural Human Rights Law Review

The persistence of brutal warfare sparked an international movement against torture at the turn of the twentieth century. By 1948, the Universal Declaration of Human Rights (UDHR) introduced a ban on torture.' Two decades later, the International Covenant on Civil and Political Rights (ICCPR) followed suit, prohibiting member States from subjecting individuals to torture. However, in decades following said treaties, brutal dictatorships proved that short provisions in international documents are not enough to prevent torture. The plight of Chilean dictator Augusto Pinochet illustrated the weaknesses of the international framework on torture. Despite the heinous acts of torture committed under his …

Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes

Intercultural Human Rights Law Review

On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …

Classified Websites, Sex Trafficking, And The Law: Problem And Proposal, Marianne Lourdes Asencion

Intercultural Human Rights Law Review

Since the beginning of the 1600s, slavery was a known issue in the United States (U.S.). Although slavery was abolished in 1863 as a result of the Civil War, slavery persists in the present day. Modem day slavery is human trafficking. Although there is a misconception that human trafficking is only an international issue, victims need not cross international borders to be trafficked. Even though trafficking suggests movement or travel, there is no requirement that victims must be transported in order for trafficking to take place. Annually, approximately 700,000 victims are trafficked within U.S. borders. In the U.S. alone, there …

Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer

Intercultural Human Rights Law Review

Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …