Law Commons^™

Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe

Law Faculty Scholarship

[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].

Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …

Sex Discrimination In Healthcare: Section 1557 And Lgbtq Rights After Bostock, Amy Post, Ashley Stephens, Valarie K. Blake

Law Faculty Scholarship

Section 1557 of the Affordable Care Act (“ACA”) banned sex discrimination in health care. In June of 2020, however, the Trump administration finalized a rule that explicitly removed sexual orientation and gender identity from Section 1557’s safeguards. That same month, the Supreme Court held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination in Bostock v. Clayton County. Following the Court’s decision in Bostock, this Article argues that sex discrimination under Section 1557 necessarily encompasses gender identity and sexual orientation discrimination.

Asylum Update: Ninth Circuit Deals Two Defeats To The Trump Administration, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn

Law Faculty Scholarship

No abstract provided.

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah Gonzalez

Law Faculty Scholarship

No abstract provided.

Surveillance By Algorithm: The Nsa, Computerized Intelligence Collection, And Human Rights, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Lockdown In Manchester Is A Slippery Slope, Risa Evans

Law Faculty Scholarship

[Excerpt] "Liberty. Security. Both are essential to a good life. But of course, neither is absolute, and at times circumstances demand that a society trade some measure of liberty for security. The tricky part is deciding when and how to draw the line."

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran

Law Faculty Scholarship

Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …

Getting Kids Out Of Harm's Way: The United States' Obligation To Operationalize The Best Interest Of The Child Principle For Unaccompanied Minors, Erin B. Corcoran

Law Faculty Scholarship

The government estimates by the end of the fiscal year over 90,000 children will enter the United States. According to the United Nations High Commissioner for Refugees 58% of these children were forcibly displaced and are potentially in need of international protection. However, in U.S. immigration law unaccompanied children are often seen as illegal migrants and law enforcement prioritizes their “alien” status over their status as children. As the crisis escalates, many of these children are being housed at emergency shelters in icebox-cold cells – nicknamed hierleras, Spanish for freezers, with no access to food or medical care, while DHS …

Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies

Law Faculty Scholarship

No abstract provided.

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter

Law Faculty Scholarship

In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article …

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Habeas Without Rights, Jared A. Goldstein

Law Faculty Scholarship

For almost six years, the habeas corpus petitions brought by foreign detainees held by the United States at Guantanamo Bay, Cuba, have stalled because the courts have struggled to answer a single question: whether the detainees possess enforceable rights. Although that question remains unresolved, the courts have uniformly concluded that the Guantanamo habeas claims, as well as the habeas claims brought by other accused enemy combatants, require a showing that the detainees possess cognizable rights violated by the detentions, most especially constitutional rights. This Article argues that the courts have been asking the wrong question and that habeas relief does …

Fugitive Slaves And Ship-Jumping Sailors: The Enforcement And Survival Of Coerced Labor, Jonathan M. Gutoff

Law Faculty Scholarship

This article explores the relationship between the law of maritime labor and the law of slavery. In the eighteenth century, both sailors and slaves were part of a broad regime of unfree labor relations, with slaves, of course, the most oppressed. In the nineteenth century, an era otherwise supposedly devoted to the ideal of "free" labor, sailors and slaves instead remained unfree, subject to federal laws providing for the forced return to their toils if they deserted - the Merchant Seaman's Act and the Fugitive Slave Act. Both of those statutes were deemed to be within Congress' authority, despite questionable …

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Democratic Transitions And The Future Of Asylum Law, Peter Margulies

Law Faculty Scholarship

The United States's commitment to protecting refugees is dying a slow death. Two developments have contributed to its demise. The first, widely heralded, is the United States Congress's evisceration of procedural safeguards such as judicial review. The second development is more insidious: expansion of the asylum law doctrine, which holds that changed country conditions can defeat an otherwise valid asylum claim. In an age in which democracy seems triumphant throughout the world, the combination of severely curtailed judicial review and mechanical application of the changed conditions doctrine relegates refugees, as well as asylum law itself, to an uncertain future.' This …