Law Commons^™

Index Funds And Esg Hypocrisy, Eric C. Chaffee

Case Western Reserve Law Review

No abstract provided.

Book Review: Climate Change And The Voiceless: Protecting Future Generations, Wildlife, And Natural Resources, Jacqueline Hoswell

Natural Resources Journal

No abstract provided.

Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page

Journal Publications

We have come a mighty long way in our criminal justice system. We have gone from a period of time when people of African descent were not considered humans and were deliberately excluded from serving on jury panels to seeing Black judges, defense attorneys and prosecuting attorneys taking part in selecting more diverse juries. Progress has been made, but how far have we really journeyed, and are the vestiges of racial animus and discrimination from the Jim Crow era truly eradicated? One need not look further than the current criminal trial we are witnessing of former Minneapolis police officer Derek …

Historically Black Colleges & Universities: A Model For American Education, Jennifer M. Smith

Journal Publications

Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery officially ended. Having been starved of the opportunity to learn to read or write, the recently emancipated Blacks were eager to learn. Within a year after slavery ended, however, Florida and other Southern states enacted laws to ensure the continuation of the vestiges of slavery in the United States. The legacy of slavery and racism evolved into an …

The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin

Journal Publications

The Brandy Creek community is a working class, Black neighborhood located just east of I-95, south of Weldon, North Carolina.' In 2005, this rural neighborhood and its surrounding land were legislatively annexed into the city of Roanoke Rapids as part of a planned economic development project. The decision to pursue legislative annexation allowed city officials to bypass the statutory notice and municipal service requirements of a city-initiated, involuntary annexation. Residents were never informed of Roanoke Rapids' intent to annex the community and had no opportunity to voice their opinions on the issue to town officials. In fact, the community first …

Between Irac & A Hard Place: A Strategy For Winning Early Student Buy-In To The Paradigm, Meg Holzer, Susan Greene

Faculty Scholarship

No abstract provided.

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

The Sustainable Groundwater Management Act (Sgma): Long Overdue, But Is It Living Up To Its Potential?, Bailey Mknelly

Scripps Senior Theses

This thesis discusses the Sustainable Groundwater Management Act (SGMA), California’s first statewide groundwater regulatory legislation. The act established the formation of groundwater basins and local governing bodies called Groundwater Sustainability Agencies (GSAs) which are tasked with creating Groundwater Sustainability Plans (GSPs). More specifically, this thesis examines how the structure of GSAs affects stakeholder accessibility, community engagement, and transparency. Through a collection of four interviews as well as the use of primary and secondary sources, this paper will explore the potential, and the ultimate shortcomings of SGMAs transparency, particularly in ensuring clean, safe water to historically disenfranchised communities. Using Kern and …

Please Consult Your Lawyer Before Taking Sorrell: How The Fda Should Approach Social Media For Prescription Drug Advertising, Steven Valentino

Upper Level Writing Requirement Research Papers

No abstract provided.

A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund Stieger

Upper Level Writing Requirement Research Papers

The American public witnesses hundreds, if not thousands, of violations of the Hatch Act—an administrative law designed to keep partisan politics out of Government—each year. This study aimed to determine whether there is a correlation between the number of Hatch Act complaints reported in the fiscal year leading up to a Presidential election and how divisive the political landscape is during that Presidential election. Political divisiveness was defined as how close the winning Presidential candidate was to receive fifty percent of the electoral college. To assess the theory that an increase in Hatch Act complaints is an early indicator of …

Judges And The Deregulation Of The Lawyer's Monopoly, Jessica Steinberg, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark

GW Law Faculty Publications & Other Works

In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as …

Personalization Of Smart-Devices: Between Users, Operators, And Prime-Operators, Tomer Kenneth

Faculty Scholarship

No abstract provided.

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 …

Agency Genesis And The Energy Transition, Sharon B. Jacobs

Publications

Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating …

Deep Cuts: Four Critiques Of Legal Ideology, Justin Deystone, Akbar Rasulov

Publications

This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics, political corruption. The parade is as intimidating as it is spectacular. On the other hand, the very tools of criticism we depend upon in identifying these characters in the parade, much less the spectacle of the parade itself, are themselves in crisis. There is, in a word, a …

Masthead

Journal of Race, Gender, and Ethnicity

No abstract provided.

Foreword, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas

Journal of Race, Gender, and Ethnicity

No abstract provided.

Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton

Journal of Race, Gender, and Ethnicity

No abstract provided.

Hair Goes Nothing: Proposing The Uniform Enactment Of The Crown Act Across The United States, Alexandra Halbert

Journal of Race, Gender, and Ethnicity

No abstract provided.

1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina

Journal of Race, Gender, and Ethnicity

No abstract provided.

Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez

Journal of Race, Gender, and Ethnicity

No abstract provided.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Immigration Offenses Throughout Federal Sentencing: An Analysis Of The Impact Of Political Affiliation Among Districts, Robin Hood

All Master's Theses

Immigration has remained one of the most controversial political debates throughout the United States. Research has yet to fully examine the effects of political affiliation of federal districts on sentencing outcomes for specific immigration offenses. To fill the gaps in research, this study compares political affiliation of federal districts among immigration offenses to determine variations in sentencing outcomes. Data included Presidential and House of Representative votes for the 2016 election and Monitoring of Federal Sentencing for the fiscal years of 2015-2016. Analysis includes case processing/legal variables, defendant characteristics, and political affiliation. To analyze political affiliation, a binary logistic regression was …

Principals And Principles In Immigration Law, Jessica Bulman-Pozen

Faculty Scholarship

Adam Cox and Cristina Rodríguez have written a brilliant book — one of big arguments, grand scale, and historical sweep, yet also institutional detail, political acuity, and legal nuance; a book that has as much to teach us about Biden’s nascent administration as about the tenure of his immediate and more distant predecessors. As I add my voice to the chorus of praise, I want to suggest two extensions of the project.

Race And Equity In The Age Of Unicorns, Lynnise E. Pantin

Faculty Scholarship

This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley culture, centering on race and class. The Article demonstrates that the rise and fall of the unicorn startup Theranos and its founder, Elizabeth Holmes, is emblematic of the problem with the glorification and pursuit of the unicorn designation for startup ventures. The examination of the downfall of Theranos exposes how investors, founders, and others in Silicon Valley engage with each other in the context of pursuing unicorn status. The …