Law Commons^™

Good Ole’ Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Good Ole’ Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Good Ole' Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Good Ole’ Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Good Ole' Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Good Ole’ Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Good Ole’ Boys Apply Only: How The Ncaa Discriminates Against Minorities & Women In Collegiate Coaching, Nathan Berkeley

Nathan Berkeley

This note discusses the early-2008 NCAA Rule mandating that every NCAA Division I football team interview at least one minority head coach candidate when a vacancy evolves. I explore the possible reasons for the racial inequities and the unique circumstances in trying to implement an affirmative action program for unique high level positions. I argue that the NCAA Rule, as it stands now, is ineffective because there is currently no enforcement mechanism and that the Rule should be expanded to include other sports and women.

Of Authorship And Audacity: An Empirical Study Of Gender Disparity And Privilege In The “Top Ten” Law Reviews, Minna J. Kotkin

Minna J. Kotkin

In today’s law schools, article placement is a significant consideration in hiring, promotion, tenure, and lateral mobility. This article analyzes authorship by gender and home school “privilege” in 15 law reviews (the “top ten”) over a three year period. It compares these data with the gender composition of the professoriate and of the 15 schools’ faculties, using Association of American Law Schools and American Bar Association statistics. The mean percentage of articles authored by one or more women (and no men) is 20.3. Nationally, women comprise 31% of the tenured/tenure-track professoriate and 28.3% at the 15 schools. At the associate …

Gendercide And The Cultural Context Of Sex Trafficking In China, Susan W. Tiefenbrun, Susan W. Tiefenbrun

Susan W Tiefenbrun

Abstract:Gendercide and the Cultural Context of Sex Trafficking in China

By Susan Tiefenbrun and Christie Edwards

Women in China are bought and sold, murdered and made to disappear in order to comply with a strict government One Child Policy that coincides with the cultural tradition of male-child preference and discrimination against women. Everyday “500 female suicides” occur in China because of “violence against women and girls, discrimination [against women] in education and employment, the traditional preference for male children, the country’s birth limitation policies, and other societal factors…” As a result of a widespread and arguably systematic disappearance and death …

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Some Penetrating Observations On The Fifth Anniversary Of Lawrence V. Texas: Privacy, Dominance, And Substantive Equality Theory, Shannon Gilreath

Shannon Gilreath

This article, “Some Penetrating Observations on the Fifth Anniversary of Lawrence v. Texas: Privacy, Dominance, and Substantive Equality Theory,” asks the reader to look at the equality claims of minority groups at a new conceptual level. With the Lawrence decision as its critical paradigm, the essay proceeds through several observations on the failure of privacy/substantive due process grounded opinions to deliver rights to minorities. This discussion feeds an ultimate criticism of the equality analysis (or lack thereof) of many of the Court’s principal minority rights opinions. Particularly, I am critical of the longstanding notion that equal protection of the laws …

Bloodstains On A "Code Of Honor", Kenneth Lasson

Kenneth Lasson

Abstract In the real world of the Twenty-first Century, deep biases against women are prevalent in much of Muslim society. Although there is no explicit approval of honor killing in Islamic law (Sharia), its culture remains fundamentally patriarchal. As unfathomable as it is to Western minds, “honor killing” is a facet of traditional patriarchy, and its condonation can be traced largely to ancient tribal practices. Justifications for it can be found in the codes of Hammurabi and in the family law of the Roman Empire. Unfortunately, honor killings in the Twenty-first Century are not isolated incidents, nor can they be …

It Takes Three, Baby: The Lack Of Standard, Legal Definitions Of “Best Interest Of The Child” And The Right To Contract For Lesbian Potential Parents, Harvey L. Fiser, Paula K. Garrett

Harvey L. Fiser

In order to consider the plausibility of contracts regarding AI, this article will first review various options and legal ramifications for choices regarding AI and then focus on the effect of inconsistent application of the Uniform Parentage Act among states that have chosen to adopt any legislation. This legal conundrum creates major obstacles for lesbian couples in procreation and in legal protection for children and often denies lesbian Americans the right to equal enforcement of contracts. This article will then consider how the current standard of “best interest of the child” is being used in the absence of the UPA …

Beware The "One-Flesh Union": Conservatives Coalesce In Opposition To Same-Sex Marriage, William B. Turner

William B Turner

This article explores the notion of "one-flesh union" as the definitional basis for marriage according to Christian conservatives, and as an indication of the ways in which various types of Christian conservatives are overcoming their historical animosity to unite in opposition to same-sex marriage. The phrase, "one-flesh union," comes directly from the Biblical book of Genesis.

King Solomon’S Solution To The Disposition Of Embryos: Recognizing A Property Interest And Using Equitable Division, Kansas R. Gooden

Kansas R Gooden

In your family law class, your professors have probably not lectured on the area of embryo disposition in divorce proceedings. Were you aware that courts across the country have ruled that the right not to procreate trumps the right to procreate in these situations? When divorce and IVF combine, it results in a complex legal battle. When a couple that used IVF divorces, who should get the remaining embryos? This article asserts that embryos should be considered property. The elements of ownership, possession, use, and exclusion, otherwise known as the bundle of sticks, are present. American law has taken an …

Under Eighteen: Applying The Classification Of Juveniles As Inherently Less Mature Than Adults In Roper V. Simmons To Laws Restricting The, Dari Yudkoff

Dari Yudkoff

This casenote analyzes the potential effects of the Supreme Court’s holding in the juvenile death penalty case Roper v. Simmons on laws governing minors seeking abortions. In Roper, the Court instituted a bright line rule that minors under the age of eighteen are not eligible for the death penalty, because they inherently immature. The Court explains that minors are not capable of fully understanding the consequences of their actions, and therefore the death penalty is cruel and unusual punishment. While this law protects the rights of juveniles accused of murder, the same reasoning would severely limit the rights of minors …

The Law Firm Caste System, Tiffani N. Darden

Tiffani N. Darden

Diversity eludes the most prestigious legal employers—the federal judiciary, academia, and elite law firms—despite enlightened scholarship diagnosing the quandaries of workplace equity in professional settings. While recruitment efforts stream attorneys of color into the lower ranks of corporate law firms, management and the profession still grapple with retention challenges. How can the legal profession, including law firms, resolve this problem? In addressing this question, I examine the uncharted intersection between two bodies of legal scholarship: workplace equity theory and the institutional analyses of law firm diversity. The primary data collection method for this study consists of personal interviews with diversity …

Invisible Workers: The Exclusion Of Domestic Workers From Protective Labor Legislation, Erica C. Morgan

Erica C Morgan

No abstract provided.

Differential Power In Intact Same-Sex Families Based On Legal And Cultural Understandings Of Parentage, Deirdre M. Bowen

Deirdre M Bowen

Do intact same-sex couples in which one member of the couple became pregnant with assisted reproduction or one member was the primary adopter, and the other member became a parent through second parent adoption understand the legal protections afforded them? In short the answer is no. An interesting family dynamic arises around who can claim the “true” status as parent based on their legal understandings of parenthood and their interactions with the dominant culture. While high profile custody cases on this issue have been decided in the United States with varying results, no research has examined the impact of uneven …

A Charade Of Change: Qisas And Diyat Ordinance Allows Honor Killings To Go Unpunished In Pakistan, Stephanie Palo

Stephanie Palo

This article begins with the story of Samia Sarwar. At age 17, Samia was forced to marry her cousin by arranged marriage. After enduring years of abuse, she hoped to obtain a divorce and sought the advice of her parents. Instead of advice, her parents threatened her life. While her parents were making their Hajj pilgrimage, Samia fled and met with human rights lawyer, Hina Jilani. While visiting in her offices, Samia was shot dead by an assassin hired by her parents.

Even though there is no doubt that Samia Sarwar was murdered, the current law in Pakistan has allowed …

A Woman's Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan

Ummni Khan

What conditions must be in place for s/m sexuality to be tolerated in law and culture? In this article, I consider the film Secretary as a lens to explore the imaginative limits of our socio-legal culture regarding sadomasochism. In Part One, I compare Secretary to the film 9 ½ weeks. I deconstruct the narrative and aesthetic components of the two films that uphold their contrasting normative visions, arguing that Secretary did indeed chart new ground for the sadomasochist sexual subject. Yet, a close discursive analysis reveals that the narrative relied upon other hegemonies to make the s/m couple acceptable and …

Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen H. Jordan

Gwen H Jordan

In this essay, the author asserts that after the Civil War, when the race and gender hierarchies that ordered American society were vulnerable, a little-studied collection of activist women lawyers led a law reform movement that established women’s rights incrementally. They were among those thinking about and experimenting with different ways of framing, securing, and enforcing women’s full and equal citizenship rights. As lawyers, licensed members of the legal profession, they operated within the conventional institutions of power – lobbying the legislatures to enact new laws and urging judges to implement a new form of legal reasoning that supported their …

Privacy, Authenticity, & Equality: The Moral And Legal Case For The Right To Homosexual Marriage, Jeffery L. Johnson

Jeffery L Johnson

Deeply and widely held political and moral values, as well as contemporary constitutional principles, demand that we look more thoroughly at our commitment to equality, liberty, and the pursuit of happiness. Such an examination, I argue, makes it close to self-evident that homosexual couples should have the right to full legal marriage.

Gender And The Legal Profession: The Michigan Alumni Data Set 1967-2000, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Kenneth G. Dau-Schmidt

The entry of women into the legal profession has forever changed both lawyers and the profession. In the brief period since the 1970’s, women have gone from a few brave pioneers constituting 3% of the bar to almost half of all new law students and a third of practicing attorneys. Women have brought to the profession a different set of assets and problems than men, focusing attention on the problem of balancing work and family in a way not previously experienced by the profession. In this study, we use the University of Michigan Law School Alumni Data Set to undertake …

Permission To Protect: Massachusetts Pioneering Law Requiring Electronic Monitoring For Civil Protective Order Violators Advances Safety For Domestic Violence Victims, Julie M. Hofmeister

Julie M Hofmeister

Prevailing data suggests that domestic violence crimes, order of abuse protection requests, and restraining order violations, are at epidemic levels. Civil protective orders, which provide legal, but not personal, shelter for domestic violence victims, are not an absolute safeguard against abusers because abusers often violate the protection orders. As a result, the advancement of victim safety at home or the office is essential. Spearheading this issue, Massachusetts pioneered legislation permitting courts to require electronic monitoring (GPS) for civil protective order violators as an alternative to incarceration. Advocates urge that the success of electronic monitoring of sex offenders in Massachusetts as …

Hyperbole And The Laws Of Evidence: Why Chicken Is Generally Wrong, A Ten Year Retrospective On Fre 413-415, Thomas A. Vogele

Thomas A Vogele

The Federal Rules of Evidence 413 through 415 were hailed by their proponents as a critical tool in combating the scourge of rape and child sexual assault. The new rules' critics claimed that passage of such radical changes would be the death knell for due process, civil liberties, and the presumption of innocence.

As with so many hotly debated issues in our hyper-polarized society, the truth lay somewhere in between. This paper examines the rules, the hype in favor and against them, the objective statistics, and why the passage of the new rules was not so much a radical departure …

If You Choose To Go Outside Without An Umbrella While It Is Raining, Expect To Get Wet: Why Insurance Indemnification Of The Tortious Transmission Of Sexually Transmitted Diseases Is Contrary To Public Policy, Megan L. Johnson

Megan L Johnson

As last reported by the Centers for Disease Control and Prevention in 2005, at least nineteen million people will contract a sexually transmitted disease (STD) annually, costing the United States $1.4 billion a year. Many victims will contract a disease from someone who knew or should have known that he or she was a disease-carrier, and thus the transmission could have been avoided with proper notification and protection or abstinence.

The STD epidemic has led to an increase in litigation over STD transmission and insurance indemnification of the damages. Insured tortfeasors who transmit STDs turn to their insurance policies for …

Mothers, Bombers, Beauty Queens: Chechen Women's Roles In The Russo-Chechen Conflict, Francine Banner

Francine Banner

History is written on the body. Factors such as historical, social, and cultural exigencies produce bodies of a determinate type. In the Chechen Republic, women's bodies have been front and center in struggles to raise birthrates in order to secure ethnic advancement and promote a sense of peace and national unity in periods after time of strife. They have been the focus of discussions over modesty, adherence to tradition, and religious observance, as women took the stage as contestants in beauty pageants. And they have been at the forefront in debates over Chechen terrorism, with the "black widows" of Chechnya …

Close Encounters Of The Deadly Kind: Gender, Migration, And Border (In)Security, Anna O. Oleary

Anna Ochoa OLeary

In this article I discuss some of the findings of my study of migrant women temporarily suspended in the “intersection” of diametrically opposed processes: those posed by border enforcement measures and those posed by transnational mobility. A pressing issue that emerged from this research was how close women come to encountering death as they skirt around the border wall to cross without authorization into the U.S. Their testimonies shed light on how the intersection of contradictory processes contributes to a humanitarian crisis on the U.S.-Mexico border in which the likelihood of death is increasingly present.

A Truly Good Work: Turning To Restorative Justice For Answers To The Welfare-To-Work Dilemma, Marie A. Failinger

Marie A. Failinger

Social welfare work programs have failed to account for the life circumstances and motivations of mothers on welfare. This article proposes that a restorative justice approach in welfare work programs can more effectively combine personal responsbility and community support for mothers attempting to enter the workforce.