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Articles 1 - 16 of 16
Full-Text Articles in Law
When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz
When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz
Faculty Scholarship
Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes …
Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay
Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay
Faculty Scholarship
Journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) is an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars furthers the goal of …
Marriage Equality For Same-Sex Couples: Where We Are And Where We Are Going, Jennifer Levi
Marriage Equality For Same-Sex Couples: Where We Are And Where We Are Going, Jennifer Levi
Faculty Scholarship
The legal landscape for same-sex couples seeking to marry has shifted dramatically over the last five years. On October 10, 2008, the Connecticut Supreme Court became the third state high court to rule that its state constitution could not sustain a statutory framework that excludes same-sex couples from marrying, following the Massachusetts Supreme Judicial Court on November 18, 2003, and the California Supreme Court on May 15, 2008. Same-sex couples throughout the country have gotten married in Connecticut, Massachusetts, California, and in other countries throughout the world that provide full marriage equality, including in Canada. The Author discusses the developments …
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Symposium: Defining Race: Colorblind Diversity: The Changing Significance Of "Race" In The Post-Bakke Era, Bridgette Baldwin
Faculty Scholarship
In 1954, fifty-eight years after the Plessy v. Ferguson decision, the Supreme Court was afforded another opportunity to reverse the “separate but equal doctrine” in Brown v. Board of Education of Topeka (Brown I). Brown I was a consolidation of five civil rights cases from the District of Columbia, Delaware, Kansas, Virginia, and South Carolina that attempted to change race relations in America by affording African Americans a piece of the pie. A few other cases soon followed Brown I. In 1963, Goss v. Board of Education of Knoxville proclaimed that any program that structurally appeared to maintain segregation would …
Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos
Taming The Employment Sharks: The Case For Regulating Profit-Driven Labor Market Intermediaries In High Mobility Labor Markets, Harris Freeman, George Gonos
Faculty Scholarship
Over the last quarter century, a profound restructuring of U.S. labor markets has occurred. Long-term job tenure, internal labor markets, and employer-sponsored benefits have waned under the pressures of neoliberal globalization. The trend is toward increasingly precarious, shorter-term, serial employment relationships that offer significantly lower wages, reduced job-related benefits, and formidable obstacles to the exercise of employment rights. This fundamental shift has moved so-called “non-standard” employment arrangements, once viewed as marginal, into the core economy. As a result, a remarkable array of profit-driven labor market intermediaries (LMIs) are now embedded in mainstream labor markets. Temporary help and staffing agencies, payrolling …
Foreword: Entrepreneurism In A Flat, Green, Cash-Strapped World, Eric J. Gouvin
Foreword: Entrepreneurism In A Flat, Green, Cash-Strapped World, Eric J. Gouvin
Faculty Scholarship
On October 17, 2008, the Western New England College School of Law and School of Business jointly hosted the third annual Conference on Entrepreneurship and Community Economic Development (Conference). The Conference was sponsored by the Western New England College Law and Business Center for Advancing Entrepreneurship (Law and Business Center or Center) as one of its many educational outreach efforts and service projects. This issue of the Western New England Law Review provides a record of the Articles that were presented at the Conference. The Law and Business Center offers students an outstanding opportunity to apply, expand, and refine their …
Teaching Transactional Skills In A Clinic, Robert Statchen, Serge Martinez
Teaching Transactional Skills In A Clinic, Robert Statchen, Serge Martinez
Faculty Scholarship
In May 2008, the Center for Transactional Law and Practice at Emory University School of Law held a conference entitled “Teaching Drafting and Transactional Skills—The Basics and Beyond.” This Article reflects the Authors’ discussion of teaching drafting and transactional skills to law students in the context of a law school clinic.
2009 Survey Of Books Related To Women And The Law: Review: Locked Up, Overlooked: Women Behind Bars: The Crisis Of Women In The U.S. Prison System, Giovanna Shay
Faculty Scholarship
The Author reviews journalist Silja Talvi’s Women Behind Bars: The Growing Crisis of Women in the U.S. Prison System (“Women Behind Bars”) which presents an engaging overview of issues affecting incarcerated women. It succinctly illustrates some of the important connections involving the War on Drugs, racial disparity, and the high rate of substance abuse and physical and sexual abuse among incarcerated women. Each of the chapters could be assigned on its own to a class or reading group. While Talvi states that she is not trying to write a scholarly book, as a contribution to public discourse, Women Behind Bars …
National Security Without Secret Laws: How Other Nations Balance National Security Interests And Transparency Of The Law, Sudha Setty
Faculty Scholarship
This Article explores the issues surrounding, and the arguments against, secret law by providing an international comparative perspective. As an example of secret law, the Author cites the lack of transparency surrounding the Bush Administration Department of Justice’s Office of Legal Counsel (OLC) March 2003 torture policy memorandum, which was kept secret for years before being declassified and disclosed in April 2008 in response to a Freedom of Information Act lawsuit. The Author examines the justifications given for nondisclosure, such as arguments that disclosure is incompatible with prioritizing national security. In brief, the Author rejects such a formulation, stating “[t]he …
Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Jeanne M. Kaiser
Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Jeanne M. Kaiser
Faculty Scholarship
Under federal law, state child protection agencies are required to exert "reasonable efforts" to reunite abused and neglected children with their parents before seeking to terminate parental rights and free the children for adoption. The scope of this requirement is undefined in federal statutes and in the statutory law of many states. As a result, it has fallen to appellate courts to determine the degree of effort a state agency must exert before the relationship between a parent and a child is severed. This has proven no easy task. By the time a parental termination case has reached an appellate …
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Litigating Secrets: Comparative Perspectives On The State Secrets Privilege, Sudha Setty
Faculty Scholarship
The state secrets privilege is a common law evidentiary privilege, which enables the government to prevent disclosure of sensitive state secrets in the course of litigation. The privilege has never been clarified by statute. Congress undertook reform efforts in 2008 out of concerns that the Bush administration overreached in its claims of privilege by seeking more dismissals during the pleadings stage, and that courts have not used a uniform standard to assess those claims. This Article considers the modern application of the privilege in Scotland, England, Israel, and India—an analysis that contextualizes both the current use of the U.S. privilege …
No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty
No More Secret Laws: How Transparency Of Executive Branch Legal Policy Doesn't Let The Terrorists Win, Sudha Setty
Faculty Scholarship
One of the key hallmarks of a democratic nation is that there are no secret laws. In the post-September 11, 2001 era, the George W. Bush administration relied on national security concerns and the unitary executive theory of presidential power as justifications for maintaining secret legal policies that govern parts of the war on terrorism that affect serious issues of human rights and civil liberties. These legal policies sometimes staked out positions that are at odds with legislation, treaties, and court decisions—but the parameters of the executive branch legal policies were sometimes unknown because of the lack of public disclosure. …
Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin
Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin
Faculty Scholarship
As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete suggestions …
Instant (Gender) Messaging: Expression-Based Challenges To State Enforcement Of Gender Norms, Taylor Flynn
Instant (Gender) Messaging: Expression-Based Challenges To State Enforcement Of Gender Norms, Taylor Flynn
Faculty Scholarship
Most challenges to state enforced conformity with gender norms are almost solely status-based equality claims. Given that a common term deployed by members of the trans community and in antidiscrimination laws is "gender identity and expression," situating such challenges in expression may, at first glance, appear to be little more than linguistic legerdemain. An understanding of gender as expressive, however, helps capture an often unarticulated, yet central aspect, of the harm enforced conformity inflicts on trans persons---compelled expression of the state's gender message over their profound objection. Consider governmental insistence that a trans student or employee present herself, through dress …
Ad Law Incarcerated, Giovanna Shay
Ad Law Incarcerated, Giovanna Shay
Faculty Scholarship
This Article examines one part of the legal regime administering "mass incarceration" that has not been a focus of legal scholarship: prison and jail policies and regulation. Prison and jail regulation is the administrative law of the "carceral state," governing an incarcerated population of millions, a majority of whom are people of color. The result is an extremely regressive form of policy-making, affecting poor communities and communities of color most directly. This Article proceeds in three parts. Part I first sketches the history of court involvement in prison reform, explaining that prison litigation made institutions more bureaucratic and increased the …
What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay
What We Can Learn About Appeals From Mr. Tillman's Case: More Lessons From Another Dna Exoneration, Giovanna Shay
Faculty Scholarship
In 2006, Mr. James Calvin Tillman became the first person in Connecticut to be exonerated through the use of post-conviction DNA testing. He joined a group of DNA exonerees that currently numbers more than 200 nationwide. In many ways, Mr. Tillman's case is a paradigmatic DNA exoneration-involving a cross-racial mistaken eyewitness identification, issues of race, and faulty forensic testimony. This Article uses the published opinions affirming Mr. Tillman's conviction-particularly his direct appeal to the Connecticut Supreme Court, and his appeal from the state habeas proceeding-to reflect on the meaning of appellate and postconviction proceedings. Does Mr. Tillman's exoneration reveal any …