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Articles 1 - 15 of 15
Full-Text Articles in Law
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
Law Student Publications
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily Casey
Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily Casey
Law Student Publications
The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …
When Dirty Data Leads To Dirty Policing, Madison Blevins
When Dirty Data Leads To Dirty Policing, Madison Blevins
Law Student Publications
"On May 25th, 2020, George Floyd was tragically killed by police officers in Minneapolis. While George Floyd’s death was the shock that catapulted the Black Lives Matter (“BLM”) movement to the center of international attention, it was also just the tip of the iceberg. Floyd’s death was not the first death of a black person at the hands of the police, nor would it be the last. “A black person is killed by a police officer in America at a rate of more than one [person] every other day.” These repeated incidents across the country have ignited a mass movement …
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
Law Student Publications
Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …
Ensuring Black Lives Matter When The Penalty Is Death, Sidney Balman
Ensuring Black Lives Matter When The Penalty Is Death, Sidney Balman
Law Student Publications
"Trayvon Martin. Michael Brown. Breonna Taylor. George Floyd. These are several of the names that come to mind when we think about the Black Lives Matter (BLM) movement. They are the faces of institutional oppression of Black men and women in their daily interactions with law enforcement. Thus far, the BLM movement has focused on police brutality against Black communities—the vagaries of violence perpetrated on minority communities by those whose duty is to protect them. But there is another place where Black Lives should Matter, but don’t—the death penalty." [..]
How Judicial Application Of Cda § 230 And Fha § 3604 Have Created Safe Havens For Online Housing Discrimination, Sophia A. Studer
How Judicial Application Of Cda § 230 And Fha § 3604 Have Created Safe Havens For Online Housing Discrimination, Sophia A. Studer
Law Student Publications
This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer service providers so long as the interactive computer service provider is not a creator or developer of information. Through the decisions of Zeran, Craigslist, and Roommate, the federal appellate courts created broad shield of immunity for interactive computer service providers, leading to a safe haven for discrimination online. Together the courts and …
The First Amendment & The Great College Yearbook Reckoning, Maryann Grover
The First Amendment & The Great College Yearbook Reckoning, Maryann Grover
Law Student Publications
"“Yearbooks are meant to double as time capsules. There’s aspiration woven into their portrayals of things. . . .” As with all time capsules, some yearbooks contain things that would be better left in the past. Blackface, celebration of the Confederacy and white supremacy, even depictions of students in Nazi uniforms are surely things that most people believe should be left in the past, or should not have even existed in the past to begin with. However, the reality is that such racial and discriminatory depictions have historically been prevalent in student publications. In fact, out of 900 publications across …
Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader
Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader
Law Student Publications
Grade-school and college playing fields have long been segregated on the basis of sex. For decades, male and female students were afforded the opportunity to participate in interscholastic athletic competitions on teams determined by their biological gender. Recently, “an increasing number of high school- and college-aged [students are publicly] identifying as transgender (or trans), meaning that their internal sense of their gender identity is different from the gender they were assigned at birth.” The emergence of openly transgender students in grade schools and colleges, in general, has resulted in vastly disparate rules promulgated by school districts to address how transgender …
Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey
Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey
Law Student Publications
Section 1557 of the Affordable Care Act provides that entities covered by the Act which receive federal funds are prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. But since the provision’s enactment and the U.S. Department of Health and Human Services’ promulgation of a regulation creating a private right of action for alleged discrimination under the Act, courts have disagreed on whether a private right of action exists to enforce Section 1557. This Comment summarizes the courts’ confusion in applying the holding of Alexander v. Sandoval and Chevron deference to the nondiscrimination provision …
Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein
Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein
Law Student Publications
This paper analyzes the way variations in charter-enabling legislation may exacerbate segregation and how federal and state reforms could better utilize the charter system to further integration. Part I discusses the history of school choice and the social science underlying its potential as a vehicle for integration as well as further segregation. Part II reviews research on charter school demographics and the effectiveness of relevant civil rights statutes. Part III analyzes themes in local charter legislation that can influence charter school segregation by limiting accessibility for low income families and students with disabilities. Finally, Part IV offers recommendations for policy …
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
Law Student Publications
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of …
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Bullying Law, Melissa Wright
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Bullying Law, Melissa Wright
Law Student Publications
This comment explores the various steps being taken to stop LGBT bullying in the Commonwealth of Virginia. Section I discusses why it is important to address the issue of bullying and the deep impact that bullying can have on students' lives. Section II provides a comprehensive look at how other states have addressed bullying and provided enumerated protection for LGBT students. This section also examines federal laws that have been used in bullying claims in the absence of federal anti-bullying legislation. Section III focuses specifically on Virginia anti-bullying legislation and the steps that Virginia has taken to combat LGBT bullying …
Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin
Lifting The Fog: Ending Felony Disenfranchisement In Virginia, Dori Elizabeth Martin
Law Student Publications
This comment explores how Virginia's disenfranchisement law originated, how it has managed to survive throughout Virginia's history, and whether it may be vulnerable to various legal challenges. Part II outlines the history of felony disenfranchisement in Virginia. Part III analyzes common policy justifications for the current law and discusses the widely held beliefs about the role of race in the law's inception. Part IV examines legal challenges to similar laws in the federal courts and evaluates the potential for success of comparable challenges in Virginia. Part V looks to recent attempts at enacting solutions at the state level. Part VI …
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
Law Student Publications
The constitutionality of affirmative action in America's public higher education institutions ("HEIs") gained prominence in the late 1970s with the Supreme Court's decision in Regents of the University of California v. Bakke. The Bakke decision was less than clear, but it provided the framework in which HEls formulated their admission policies regarding the use of race. Nevertheless, the law regarding affirmative action remained unsettled, and the circuits remained split.
Please Check One—Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack
Please Check One—Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack
Law Student Publications
While litigation in this field has rarely involved colleges and universities, collegiate environments are often the “forefront for social activism,”5 so it is likely the issue of transgender housing discrimination will soon explode on campus. It is now critical that colleges, universities, and the counsel who represent them either prepare to address these issues when they arise or explore possibilities to preempt the legal issues that will surely arise at their schools. Part II of this comment discusses the legal definition of transgender. Part III examines the history of the treatment of transgender persons in American courts, as well as …