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Articles 1 - 30 of 5778
Full-Text Articles in Law
Gen Y More Black Corporate Directors, Chaz Brooks
Gen Y More Black Corporate Directors, Chaz Brooks
Articles in Law Reviews & Other Academic Journals
Corporate diversity has been in the spotlight for decades. Recent efforts have followed years of legal scholarship, arguments on the business rationale for greater diversity, and more recently, the racial unrest during the summer of 2020. Called by some, a “racial reckoning,” the summer of 2020 catalyzed many corporate declarations on the importance of diversity, and more to the point of this article, the necessity of righting the economic disadvantages of Black Americans. This article looks specifically at one intervention by a corporate player following summer 2020, Nasdaq’s volley to increase corporate diversity through required disclosure. This article reviews the …
With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University
With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University
Gonzaga School of Law With Pride Summit
Event program for the 2024 With Pride Summit held by the Center for Civil & Human Rights at Gonzaga Law.
The program includes the summit schedule and bios for panelists and moderators, including the keynote speaker, Kellye Testy. Featured speakers include:
- Luke Boso
- Stewart Chang
- Ashlyn Hannus
- Sarah Harmon
- Heather L. Johnson
- Courtney Joslin
- Sheldon Lyke
- Dallas Martinez
- Ikál Nico Quintana
- Brad Sears
- Sarah Steadman
- Kyle Velte
- Danaya C. Wright
- Mary Yu
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law
Law School News: Rwu School Of Law Launches Institute For Race And The Law And Celebrates Champions For Justice 3-22-2022, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63
To Save Our Democracy, Stop Desantis’ Racist Education Crusade, Lewis Steel '63
Articles and Writings
No abstract provided.
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine
Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine
Seattle University Law Review SUpra
No abstract provided.
Unshielded: How The Police Can Become Touchable, Brandon Hasbrouck
Unshielded: How The Police Can Become Touchable, Brandon Hasbrouck
Scholarly Articles
This Review proceeds in three Parts. First, Part I examines Shielded’s text, highlighting Schwartz’s analysis of the problem of unaccountable police, the many barriers to holding police accountable, and her proposed solutions. Part II then critically examines Schwartz’s work, examining pieces of the problem she left undiscussed and the relative shortcomings of her discussion of possible solutions. Finally, Part III takes an abolitionist approach, delving into potential nonreformist reforms and the solution of full abolition, as well as examining the most significant objection to abolitionist approaches: the problem of violence.
1983, Brandon Hasbrouck
1983, Brandon Hasbrouck
Scholarly Articles
This Piece embraces a fictional narrative to illustrate deep flaws in our legal system. It borrows its basic structure and a few choice lines from George Orwell’s classic novel Nineteen Eighty-Four. Like Orwell’s novel, it is set in the not-too-distant future to comment on problems already emerging in the present. The footnotes largely provide examples of some of those problems and how courts have treated them in a constitutional law context. The title (itself quite close to Orwell’s own title) is a reference to our chief civil rights statute, while the story deals with a critical threat to that …
Trans Animus, Scott Skinner-Thompson
Who's Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
Who's Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol
UF Law Faculty Publications
Woke means “the belief there are systemic injustices in American society and the need to address them.” Ryan Newman, General Counsel to Governor of Florida.
Stopping wokeness is to combat the belief there are systemic injustices in American society which, true to form, does sound a lot like the opposite of being awake, and that is to say, totally asleep. Alex Wagner.
[B]y condemning the word “Woke” the establishment is not only attacking African American language. It also [is] disparaging the whole concept of being “awake” which I believe is one of the essential elements of moral and religious consciousness. …
Lethal Immigration Enforcement, Abel Rodríguez
Lethal Immigration Enforcement, Abel Rodríguez
Faculty Publications
Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clinton-era policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths per day. A record 853 border crossers died last year, and the deadliest known transporting incident took place in June 2022, with fifty-one lives lost. In addition, widespread neglect continues to cause loss of life in immigration detention, immigration enforcement agents kill migrants with virtual impunity, and immigration law ensures …
Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman
Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman
Faculty Scholarship
No abstract provided.
Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain
Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Eleni, Linda C. Mcclain
Faculty Scholarship
This article addresses the U.S. Supreme Court’s embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette’s celebrated language: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith therein.” They also …
The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake
The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake
Articles
The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …
The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman
The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman
Scholarship@WashULaw
In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.
With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …
Abortion Disorientation, Greer Donley, Caroline M. Kelly
Abortion Disorientation, Greer Donley, Caroline M. Kelly
Articles
The word “abortion” pervades public discourse in the wake of Dobbs v. Jackson Women’s Health Organization. But do we know what it means? Not only do law and medicine define it differently; state legislatures have codified wildly different definitions of abortion across jurisdictions. Our analysis exposes inherent ambiguities at the boundaries of the term, particularly as abortion intersects with other categories that we often think of as distinct: pregnancy loss, ectopic pregnancy, and other forms of medically necessary care. By juxtaposing statutory text next to real people’s experiences of being denied care in states with abortion bans, we reveal …
Voting Under The Federal Constitution, Travis Crum
Voting Under The Federal Constitution, Travis Crum
Scholarship@WashULaw
There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.
A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …
Rethinking Antebellum Bankruptcy, Rafael I. Pardo
Rethinking Antebellum Bankruptcy, Rafael I. Pardo
Scholarship@WashULaw
Bankruptcy law has been repeatedly reinvented over time in response to changing circumstances. The Bankruptcy Act of 1841—passed by Congress to address the financial ruin caused by the Panic of 1837—constituted a revolutionary break from its immediate predecessor, the Bankruptcy Act of 1800, which was the nation’s first bankruptcy statute. Although Congress repealed the 1841 Act in 1843, the legislation lasted significantly longer than recognized by scholars. The repeal legislation permitted pending bankruptcy cases to be finally resolved pursuant to the Act’s terms. Because debtors flooded the judicially understaffed 1841 Act system with over 46,000 cases, the Act’s administration continued …
Redistributing Justice, Benjamin Levin, Kate Levine
Redistributing Justice, Benjamin Levin, Kate Levine
Scholarship@WashULaw
This article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevalent critiques of criminal law from progressives, there hardly is a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas—often areas where defendants are imagined as powerful and victims as particularly vulnerable. In this article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system can …
The Automated Fourth Amendment, Maneka Sinha
The Automated Fourth Amendment, Maneka Sinha
Faculty Scholarship
Courts routinely defer to police officer judgments in reasonable suspicion and probable cause determinations. Increasingly, though, police officers outsource these threshold judgments to new forms of technology that purport to predict and detect crime and identify those responsible. These policing technologies automate core police determinations about whether crime is occurring and who is responsible. Criminal procedure doctrine has failed to insist on some level of scrutiny of—or skepticism about—the reliability of this technology. Through an original study analyzing numerous state and federal court opinions, this Article exposes the implications of law enforcement’s reliance on these practices given the weighty interests …
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
Journal Publications
This Article is organized chronologically, in an effort to more effectively reflect the nearly identical fact patterns, timelines, and intersecting opinions of these cases. Part I provides the factual background of both cases. Part II summarizes the substantial preliminary litigation in Grimm; Part III examines the district court ruling in Adams; Part IV analyzes the summary judgment ruling in Grimm. Part V covers Adams’ first appellate ruling; Part VI discusses the Fourth Circuit’s ruling in Grimm three weeks later, and Part VII considers the aftermath of that decision. Parts VIII and IX explore the second panel ruling in Adams and …
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
Publications
No abstract provided.
Reflections On Arlington Heights: Fifty Years Of Exclusionary Zoning Litigation And Beyond, Robert G. Schwemm
Reflections On Arlington Heights: Fifty Years Of Exclusionary Zoning Litigation And Beyond, Robert G. Schwemm
Law Faculty Scholarly Articles
Fifty years ago, when I was two years out of law school, I began work on a case—Metropolitan Housing Development Corp. v. Village of Arlington Heights—that was destined to take on epic proportions in the housing discrimination field. The case started with a complaint filed in 1972, shortly before I joined the plaintiffs’ legal team, and was not finally resolved until 1980, after I’d left that team to become a law professor. During the seven years that I worked on the Arlington Heights case, it produced a major Supreme Court decision on standing and the Fourteenth Amendment’s Equal Protection Clause3 …
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Faculty Scholarship
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
The Chicken-And-Egg Of Law And Organizing: Enacting Policy For Power Building, Kate Andrias, Benjamin I. Sachs
The Chicken-And-Egg Of Law And Organizing: Enacting Policy For Power Building, Kate Andrias, Benjamin I. Sachs
Faculty Scholarship
In a historical moment defined by massive economic and political inequality, legal scholars are exploring ways that law can contribute to the project of building a more equal society. Central to this effort is the attempt to design laws that enable the poor and working class to organize and build power with which they can countervail the influence of corporations and the wealthy. Previous work has identified ways in which law can, in fact, enable social-movement organizing by poor and working-class people. But there’s a problem. Enacting laws to facilitate social-movement organizing requires social movements already powerful enough to secure …
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Amici Briefs
This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …
Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar
Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar
Life of the Law School (1993- )
No abstract provided.
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Ethical Implications Of Ai-Based Algorithms In Recruiting Processes: A Study Of Civil Rights Violations Under Title Vii And The Americans With Disabilities Act, Vanessa Rodriguez
Ethical Implications Of Ai-Based Algorithms In Recruiting Processes: A Study Of Civil Rights Violations Under Title Vii And The Americans With Disabilities Act, Vanessa Rodriguez
Cyber Operations and Resilience Program Graduate Projects
This research paper analyzes the ethical implications of utilizing artificial intelligence, specifically AI-based algorithms in business selection and recruiting processes, with a focus on potential violations under Title VII of the Civil Rights Act of 1964 and Title 1 of the Americans with Disabilities Act (ADA). Amazon’s attempt at launching AI recruiting tools is examined. This paper will assess the fairness of AI recruiting practices, considering data collection, potential biases, and accuracy concerns in its implementation process. Additionally, the paper will provide an overview of federal civil rights statutes enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and recent …