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Full-Text Articles in Law

Pray The Gay Away: Conversion Therapy, Suicide, Religion, And The First Amendment, Eric Cody Bass Aug 2021

Pray The Gay Away: Conversion Therapy, Suicide, Religion, And The First Amendment, Eric Cody Bass

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

In the United States, gay conversion therapy (GCT) has not been banned nationally, although twenty states have issued laws banning therapists from practicing it. While the Supreme Court has refused to hear several cases involving challenges to laws banning GCT, recently the Eleventh Circuit Court of Appeals found a local law banning the practice as an unconstitutional regulation on the First Amendment right of speech. This ruling disappointingly confuses ideas of First Amendment protections with what amounts to psychological torture of our youth. It must be noted that while bans on GCT have been successfully upheld as constitutional in other ...


Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski May 2021

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues ...


Demands For “Sisterly” Love: Exploring The Hyperpenalization Of Black Girls In The School District Of Philadelphia, Danielle Miles-Langaigne Apr 2021

Demands For “Sisterly” Love: Exploring The Hyperpenalization Of Black Girls In The School District Of Philadelphia, Danielle Miles-Langaigne

CUREJ - College Undergraduate Research Electronic Journal

An immense amount of research, memos, and scholarship has surfaced in the last decade considering the school-to-prison pipeline and Black boys’ involuntary participation in it. Various education scholars have presented data emphasizing how Black male students are disproportionately punished–notably in ways that negatively impact their prospects for educational attainment, social mobility, and long-term empowerment. Many, however, fail to consider their close counterparts: Black girls. This thesis expands upon the Crenshaw, Ocen, and Nanda (2015) report to see if Black girls are also disproportionately penalized in Philadelphia public schools within the School District of Philadelphia (SDP) at higher rates relative ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti Apr 2021

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. Others, in contrast, saw marriage as a civil rights issue and lauded the transformative potential of same-sex marriage, contending that it could upset the patriarchal nature of marriage and help to refashion marriage into something new and better.

This Article looks back ...


More Than A Hashtag: Why We Need To #Protectblackwomen In Real Life, Golden Gate University School Of Law Mar 2021

More Than A Hashtag: Why We Need To #Protectblackwomen In Real Life, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

This piece will address the ways in which Black women continue to be disrespected, unprotected, and neglected, both publicly—as a result of systemic racism and police brutality—as well as privately—as a result of the legal system’s failure to appropriately address domestic violence committed against them.


Why We Should Provide More Support For Women Of Color In Academia, Silvia Chairez-Perez Mar 2021

Why We Should Provide More Support For Women Of Color In Academia, Silvia Chairez-Perez

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

My experience as a woman of color in higher education is not unique. In this piece, I will share my own story and discuss challenges women of color face to succeed in academia and how their absence in these spaces negatively affects the success of female students of color. Additionally, I will describe methods institutions of higher learning can implement to hire more women of color and how having women of color teachers has impacted my educational journey.


What “Good” Has Come From The “Good Faith” Exception?, Yasamin Elahi-Shirazi Mar 2021

What “Good” Has Come From The “Good Faith” Exception?, Yasamin Elahi-Shirazi

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

The FourthAmendment protects the right of the people—us—against unreasonable searches, seizures, and warrantless conduct by government actors—police officers. The Supreme Court has added safeguards to this amendment, with the seminal cases of U.S. v. Weeks and Mapp v. Ohio. The Court created the exclusionary rule, which excludes evidence obtained in violation of the Fourth Amendment from criminal trials. Initially designed as a multifaceted legal mechanism to uphold judicial integrity, deter police misconduct, and serve as a remedy for those who are victims of constitutional violations. The deterrent value was meant to help protect the public ...


Leases As Forms, David A. Hoffman, Anton Strezhnev Feb 2021

Leases As Forms, David A. Hoffman, Anton Strezhnev

Faculty Scholarship at Penn Law

We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently ...


Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez Jan 2021

Founding Editor-In-Chief’S Welcome Message, Silvia Chairez-Perez

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Welcome! Thank you for visiting Golden Gate University’s Journal of Race, Gender, Sexuality, and Social Justice website. The Journal strives to provide race, gender, sexuality, and social justice practitioners, students, judges, and academics a platform to share their thought leadership via a born-digital format. We endeavor to publish legal scholarship of the highest quality.


Interim Law Dean’S Welcome Message, Eric C. Christiansen Jan 2021

Interim Law Dean’S Welcome Message, Eric C. Christiansen

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Welcome to the inaugural issue of the Golden Gate University Race, Gender, Sexuality, & Social Justice Law Journal. There has never been a more appropriate or important time to inaugurate a journal dedicated to the law’s capacity to advance social justice than right now. And there is no better institution to inaugurate this new journal than Golden Gate University School of Law. Thank you to all our readers—now and in the years to come—who will help us move the values, principles, and ideas in this journal into communities and courtrooms in pursuit of equality and true justice.


Founding Journal Advisor’S Welcome Message, Jyoti Nanda Jan 2021

Founding Journal Advisor’S Welcome Message, Jyoti Nanda

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

IMPORT OF THE RACE, GENDER, SEXUALITY, & SOCIAL JUSTICE LAW JOURNAL IN 2021

The launch of the Race, Gender, Sexuality and Social Justice Law Journal is no small feat and I applaud our student leaders for their fortitude in the middle of a year unlike any other. In 2020, our country underwent a national reckoning on race trigged by the unlawful death by police of several unarmed African American women and men while grappling with a global pandemic that halted life as we knew it. Our GGU law students, like all students everywhere, persevered – shifting to remote learning and remaining focused ...


Founding Managing Editor’S Welcome Message, Tiffany Avila Jan 2021

Founding Managing Editor’S Welcome Message, Tiffany Avila

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

It is with great privilege and honor to introduce you to the GGU Gender, Race, Sexuality, and Social Justice Law Journal. This project started when my colleague, dearest friend and founding Editor-in-Chief, Silvia Chairez-Perez, approached me during our internship with the California Supreme Court Capital Central Staff. We were discussing how far we have come with the resources presented to us, and our motivation to provide a better pathway to underrepresented law students.


Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law Jan 2021

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani Jan 2021

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Faculty Scholarship at Penn Law

This essay reviews Nate Holdren's Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. Injury Impoverished illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.


Race, Dignity, And Commerce, Lu-In Wang Jan 2021

Race, Dignity, And Commerce, Lu-In Wang

Articles

This Essay was written at the invitation of the Journal of Law and Commerce to contribute a piece on racism and commerce—an invitation that was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society.

The connections between racism and commerce are potentially numerous, but the relationship between discriminatory policing and commerce might not be apparent. This Essay links them through the concept of dignity. Legal scholar John Felipe Acevedo ...


Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley Jan 2021

Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley

Articles

The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.

Black and disabled people are disproportionately represented ...


Reckoning With Race And Disability, Jasmine E. Harris Jan 2021

Reckoning With Race And Disability, Jasmine E. Harris

Faculty Scholarship at Penn Law

Our national reckoning with race and inequality must include disability. Race and disability have a complicated but interconnected history. Yet discussions of our most salient socio-political issues such as police violence, prison abolition, healthcare, poverty, and education continue to treat race and disability as distinct, largely biologically based distinctions justifying differential treatment in law and policy. This approach has ignored the ways in which states have relied on disability as a tool of subordination, leading to the invisibility of disabled people of color in civil rights movements and an incomplete theoretical and remedial framework for contemporary justice initiatives. Legal scholars ...


Undefeated - Era And Blm Fold-Out Circles Exhibit Panels, Sally Brown Sep 2020

Undefeated - Era And Blm Fold-Out Circles Exhibit Panels, Sally Brown

Undefeated Exhibit Panels

undefeated - ERA and BLM Fold-out Circles posters

Equal RIghts Amendment and Black Lives Matter descriptions


Undefeated - Women Still Don't Have Equal Rights (Or = Pay) Exhibit Panel, Sally Brown Sep 2020

Undefeated - Women Still Don't Have Equal Rights (Or = Pay) Exhibit Panel, Sally Brown

Undefeated Exhibit Panels

Undefeated - Women Still Don't have Equal Rights (Or = Pay) poster

History of Equal Rights Amendments for Women.


Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason Williams, Sean K. Wilson, Carrie Bergeson Aug 2020

Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

While a great deal of research captures the lived experiences of Black men as they navigate through the criminal legal system and onto reentry, very little research is grounded in how those processes are directly connected to their health. Although some research argues that mass incarceration is a determinant of poor health, there is a lack of qualitative analyses from the perspective of Black men. Black men face distinct pathways that lead them into the criminal legal system, and these same pathways await them upon reentry. This study aims to examine the health implications associated with incarceration and reentry of ...


Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey Aug 2020

Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey

Copyright, Fair Use, Scholarly Communication, etc.

Purpose

Institutional repositories (IRs) are widely used for archiving, preserving, and disseminating scholarly works and making them available on the web. Much of the research and development in IRs has focused on platforms, workflows, and policies for adding content. In this study, the focus is to gauge practices to ensure accessibility of the digital content made available in IRs.

The purpose of this study is to:

1. Understand the current landscape of accessibility practices in institutional repositories in academic libraries.

2. Identify the average level of content accessibility implemented in institutional repositories in academic libraries.

For the purpose of this ...


How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman Jul 2020

How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman

Faculty Scholarship at Penn Law

This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.

This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...


Climbing To 1011: Globalization, Digitization,Shareholder Capitalism And The Summits Of Contemporary Wealth, David A. Westbrook Jun 2020

Climbing To 1011: Globalization, Digitization,Shareholder Capitalism And The Summits Of Contemporary Wealth, David A. Westbrook

Journal Articles

While we may find many sorts of inequality in the United States and elsewhere, this essay is about the specific form of inequality exemplified by Jeff Bezos or Bill Gates, that is, the Himalayan summits of contemporary wealth, mostly in the United States. Such wealth results from the confluence of three historical developments.

First, the social processes referred to under the rubric of “globalization” have created vast markets. A dominant position in such markets leads not only to great wealth, but the elimination of peers. Since there are few such markets, relatively significant wealth is possessed by very few people ...


Albuquerque Journal Interviews Maryam Ahranjani, Many Want Police Out Of Schools Across Nm, Maryam Ahranjani, Shelby Perea Jun 2020

Albuquerque Journal Interviews Maryam Ahranjani, Many Want Police Out Of Schools Across Nm, Maryam Ahranjani, Shelby Perea

Faculty Scholarship

In Albuquerque, University of New Mexico School of Law associate professor Maryam Ahranjani and Hope Pendleton, a board member of the Black Law Student Association at UNM, are saying now is the time to remove officers from schools.

“There’s a lot of unfortunate downstream negative repercussions for children from having police officers in schools,” Ahranjani said.

Pendleton and Ahranjani helped write a letter to APS Superintendent Raquel Reedy and her leadership team that says funds earmarked for the APS Police Department would be better spent addressing this counselor-to-student ratio and investing in other personnel.

“Reallocating funds away from law ...


Saving Black Mothers: A Case For Midwifery, Tiffany Cardinale Apr 2020

Saving Black Mothers: A Case For Midwifery, Tiffany Cardinale

Student Writing

No abstract provided.


Marginalization And Criminalization Of People With Mental Illness, Ariana Walker Apr 2020

Marginalization And Criminalization Of People With Mental Illness, Ariana Walker

Student Writing

It is worth noting that people with a mental illness or disorder have a stigma around them that dictates how others treat them. With this stigma comes discrimination stemming from an already established opinion and experience with a person who has a mental illness. People who have a mental illness that affects their life are marginalized within our society, which means they get treated differently than the majority. This essay will serve as a discussion of the treatment history of mental disorders, forced institutionalization of the people, the impact deinstitutionalization had, and how this led to today’s problem of ...


La Justicia Medioambiental Y La Minería Aurífera: Las Implicaciones De La Deforestación Y La Contaminación De Metales Pesados En Madre De Dios, Perú, Madison Scully Apr 2020

La Justicia Medioambiental Y La Minería Aurífera: Las Implicaciones De La Deforestación Y La Contaminación De Metales Pesados En Madre De Dios, Perú, Madison Scully

Independent Study Project (ISP) Collection

Usando un marco teórico de justicia medioambiental y de colonialidad, este informe describe, analiza e interprete los impactos ecológicos de la minería aurífera en Madre de Dios, una región amazónica del Perú. Específicamente, este informe trata las consecuencias de la deforestación y la contaminación por mercurio causadas por esta industria para la salud y el bienestar de los pueblos indígenas de Madre de Dios. A través de investigación secundaria de la literatura existente y los estudios ya realizados sobre el alcance de la degradación ecológica resultante de la minería aurífera en esta región, este informe examina la manera en que ...


The Right To Housing In Spain: Community Action And Alternative Housing Models, Georgia Sparks Apr 2020

The Right To Housing In Spain: Community Action And Alternative Housing Models, Georgia Sparks

Independent Study Project (ISP) Collection

The right to housing is guaranteed by Spain's constitution, the principles of the European Union, and U.N. human rights treaties to which Spain is signatory, yet Spain scarcely provides affordable housing and leaves its citizens struggling with poverty and unable to find a place to live. Unlike much of the rest of Europe, Spain’s social rented sector represents less than 1% of its total housing stock. Through policies that favor homeownership, promote the real estate market, and privatize social housing, Spain has left its citizens reliant on the private market for their fundamental need for housing. Social ...


Reentry Court Judges: The Key To The Court, Christopher Salvatore, Venezia Michalsen, Caitlin Taylor Mar 2020

Reentry Court Judges: The Key To The Court, Christopher Salvatore, Venezia Michalsen, Caitlin Taylor

Department of Justice Studies Faculty Scholarship and Creative Works

Over the last few decades, treatment-oriented court judges have moved away from being neutral arbitrators in an adversarial court process to treatment facilitators. In the problem-solving court model, judges are part of a more therapeutic treatment process with program participants and a courtroom workgroup. The shift from the use of the traditional criminal justice process toward the use of more treatment-oriented models for some populations highlights the need to systematically document key elements of treatment court models. In particular, it is important to clearly document the role of Reentry Court Judges because they are a key component of the Reentry ...


Dealing With “Dilemmas Of Difference” In The Workplace, Rangita De Silva De Alwis, Sarah Heberlig, Lindsay Holcomb Jan 2020

Dealing With “Dilemmas Of Difference” In The Workplace, Rangita De Silva De Alwis, Sarah Heberlig, Lindsay Holcomb

Faculty Scholarship at Penn Law

Over the course of six months, the University of Pennsylvania Carey Law School’s class “Women, Law, and Leadership” interviewed 55 women between the ages of 25 and 85, all leaders in their respective fields. Nearly half of the women interviewed were women of color, and 10 of the women lived and worked in countries other than the U.S., spanning across Europe, Africa, and Southeast Asia. Threading together the common themes touched upon in these conversations, we gleaned a number of novel insights, distinguishing the leadership trajectories pursued by women who have risen to the heights of their professions ...