Law Commons^™

Anchoring Athlete Safety: A Case Study Of The Minor Athlete Abuse Prevention Policies Of Usa Gymnastics, Daniel Ray Raney

Experience Industry Management

In response to the unprecedented scrutiny following the Larry Nassar case, USA Gymnastics initiated comprehensive policy reforms aimed at strengthening the safeguarding framework for its minor athletes. The purpose of this study was to examine the organization's current minor athlete abuse prevention policies and evaluate their effectiveness. A case study was conducted on USA Gymnastics through a tool created by the researcher with data collected from USA Gymnastics Safe Sport Policy, the US Center for Safe Sport, and USA Gymnastics governing structure. While USA Gymnastics has created a formidable policy to protect its minor athletes, significant gaps still remain. The …

¿No Pagan Taxes? Overview Of Federal Revenue-Raising In Puerto Rico, 2024, Carlos Vargas-Ramos, Javier Mendez Lacomba, Jorge Soldevilla-Irizarry

CUNY Centro, The Center for Puerto Rican Studies

Residents of Puerto Rico pay federal taxes. They did so to the tune of $5 billion in 2023. They have paid more than $3 billion a year in net contributions to the federal treasury for more than 10 years in a row. This is not a secret, but rather factual information that is publicly available. Yet, it is factual information that is not widely known. Moreover, it is information that flies in the face of the “people in Puerto Rico do not pay federal taxes” narrative. The volume of federal tax contributions originating in Puerto Rico reflects the rather dynamic …

Analyzing Trauma-Informed Courtrooms In A Midwestern State Of The United States: Comparisons Between Rural And Urban Jurisdictions, April Terry, Ziwei Qi

Criminal Justice Faculty Publications

This study investigates the implementation of trauma-informed practices in various court settings, including juvenile and adult courtrooms, as well as specialized cases in areas such as family courts, domestic reconciliation, protection orders, and child in need of care (CINC) cases, within a single Midwestern state in the United States. The study targeted one rural and one urban judicial district. The authors sought to assess if, and how these practices are utilized to create an environment and workplace that fosters a needs-based, survivor-centered, resilience-building courtroom. Drawing from a holistic perspective on trauma and survivor-centered practices, this study utilized a mixed-methods approach, …

In Conversation With Petr Angyalossy, Chief Justice Of The Czech Republic, Petr Angyalossy, David Collins

Judicature International

No abstract provided.

The Impact Of State Laws On Officer-Involved Deaths (Oids), Morgan Steele, Ziwei Qi

Criminal Justice Faculty Publications

While the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force when interacting with citizens. Moreover, researchers have not examined how differences in how states restrict officers’ ability to use force affect the frequency of force used. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census data, we examined the impact of the incorporation of U.S. Supreme Court jurisprudence and the overall restrictiveness each state placed on law enforcement’s ability to use force when making …

Wrongful Death Actions In Missouri, Brad Matteuzzi

Law Student Works

This pathfinder covers the law that governs wrongful death actions in the state of Missouri. It focuses on the sources of law, who can bring the action, available damages, and relevant examples.

This pathfinder is primarily intended to provide an overview of Missouri wrongful death actions for law students or practitioners that are unfamiliar with wrongful death actions generally or new to the practice in Missouri. Many civil litigation firms dealing in personal injury will necessarily handle wrongful death actions.

The purpose of this pathfinder is to provide a simple and repeatable guide to locating the necessary resources to quickly …

Service Animal Rights In Hospitals & Other Businesses That Offer Public Accommodations: Americans With Disabilities Act - Title Iii, Yara Duran

Law Student Works

This pathfinder guide provides an overview into the laws that govern an animal’s rights and restrictions in hospitals, healthcare facilities, and other businesses that offer public accommodations. This guide is intended for attorneys, hospital administrators, and business owners who wish to understand what the law requires in their interactions with service animals. The information gleaned through this research can be used to develop legally compliant policies that protect all interested parties. Secondarily, this guide is intended for law students who would like to learn more about the legal rights and restrictions of service animals.

The guide will begin by discussing …

Batson Challenges In Federal, Kansas, And Missouri Courts, Matt Champagne

Law Student Works

In Batson v. Kentucky, 474 U.S. 79 (1986), the Supreme Court of the United States (“SCOTUS”) ruled generally that the use of peremptory strikes to disqualify potential jurors based solely on their race violated the Equal Protection Clause of the Fourteenth Amendment. Specifically, the Court held that the use of peremptory strikes by the prosecution to exclude all four Black potential jurors from a jury pool, thus seating an all-white petit jury, on no other grounds besides the perspective jurors’ race violated a Black man’s right to equal protection under the Fourteenth Amendment. The Court reasoned that the exclusion of …

The Intersection Of Socio-Cultural System And Legislation: Family Protection Laws In Palestine And Gender Equality, Muayad K. Hattab, Fayez A. Mahamid

An-Najah University Journal for Research - B (Humanities)

Arabic and Muslim societies still fear every new proposition or change that could lead to the enhancement of women’s economic liberation or could undermine male domination over women. The social and religious panic associated with the proposed law on “Family Protection Law from Violence” that has been witnessed in Palestine, is a clear illustration of this fear. Objective: The aim of this study is to examine the impact that religious and social culture has on promulgating new laws that are directly connected to issues of women’s rights and gender equality in the Muslim community, where Palestine is the example …

A Childhood At Risk: The Child's Rights From Gaza's Children's Perspectives During The Israeli Attack, Saida Affouneh, Dua’ Wahbeh Ghosheh, Kareema Ali

An-Najah University Journal for Research - B (Humanities)

Objective: The ongoing Israeli attack on Gaza exposed the Palestinian children to tremendous experiences of fear, pain, hunger, thirst, and deprivation of family and housing. the current paper embarks on exploring the different dimensions of the child's rights as perceived by the Palestinian children who live in Gaza during the Israeli attack on their land after the seventh of October, 2023. Methodology: The paper tries to shift the spotlight onto the voices and experiences of children, reclaiming their rights within the narrative of war. Thus, video content analysis was used to examine 30 selected videos featuring 63 children, primarily from …

Cancellation Of Removal For Inadmissible Non-Citizens, Anna Vanbuskirk

Law Student Works

Cancellation of removal is a defensive application for non-citizens in immigration removal proceedings. It is often colloquially referred to as “42B cancellation of removal” based on the form number of the associated application. This Pathfinder research guide provides an overview of cancellation of removal for inadmissible non-citizens. Those who satisfy the criteria in INA § 240A(b)(1) and successfully petition an immigration judge for 42B cancellation of removal are eligible for adjustment of status to lawful permanent residence.

This guide navigates the researcher through an overview of the cancellation of removal criteria and how to find the relevant federal statutes, applicable …

W&L Law Library Newsletter, Vol. 4, Iss. 1 (Dec. 2024), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 4, Issue 1 (December 2024).

The Inclusivity Of Emotional Abuse Definitions And Interest Groups, Alexandria Banning

Bridges: A Journal of Student Research

Cases of emotional abuse involving children have been previously associated with long lasting physical and psychological issues among those who experience it. Previous research has linked the significant underreporting of emotional abuse cases with the use of vague and unclear definitions of emotional abuse as it involves minors. Creating a concise and inclusive definition has proven to be difficult because of a lack of physical evidence to support claims, thus each of the 50 US states has a different definition for what constitutes emotional abuse. Why do definitions vary in the first place? Here, I hypothesize that states with more …

Enforceability Of Consumer Arbitration Agreements In Missouri, Bobbie L. Crew

Law Student Works

Arbitration is a form of alternative dispute resolution in which parties agree to "choose one or more neutral third parties to make a final and binding decision [to] resolv[e] the dispute" outside of court. Courts generally cannot overturn a binding decision made under a valid arbitration agreement. Arbitration may be used to resolve a variety of disputes, but this Pathfinder explores the enforceability of arbitration agreements in the consumer context. Consumer arbitration agreements are made between a business offering a product or a service and its direct consumer. Businesses are increasingly including arbitration provisions in their Terms & Conditions and …

Teaching Dobbs: On The Role Of Ideology In Constitutional Interpretation, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

Human Capital Disclosure & Corporate Governance: The New Evidence, George S. Georgiev

Articles

This Article explores the evolution of human capital disclosure-firm-supplied information about various workforce-related matters-as a factor in contemporary corporate governance. Regulatory and nonregulatory developments from recent years have upended longstanding practices and generated extensive new evidence. Most notably, the Securities and Exchange Commission (SEC) adopted a human capital management ("HCM") disclosure mandate in 2020, which, though long overdue, was criticized from the outset for its modest scope and lax design. In the meantime, courts have taken a renewed interest in board of directors' oversight responsibilities in a number of areas, including HCM, while labor's power has unexpectedly increased in some …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

“True Crime Effect”: The Influence Of True Crime Media On Jurors’ Perceptions Of Innocence In A Criminal Trial, Abigail Curran

Honors College Theses

In the mid-2000s, the popular TV show CSI: Crime Scene Investigation and its portrayal of forensic evidence was blamed for a so-called “CSI effect” - hypothesizing that jurors had greater expectations of the use of forensic evidence than was realistic. While CSI has fallen in popularity - ultimately ending its 15-year run on television in 2015 - stories of crime and criminality remain popular. The most recent iteration of this fascination can be seen in the rise in popularity of true crime documentaries and podcasts. This study aims to investigate the existence of a “true crime effect” in which all …

Adverse Elements: How Requiring An Adverse Employment Action Element In Ada Failure-To-Accommodate Claims Hinders Disability Rights, Ava Jadwiga Wallace

Washington Law Review

Individuals with disabilities are continuously marginalized by a world tailored to the able-bodied. One of the most visible areas where this marginalization manifests is employment. The Americans with Disabilities Act of 1990 (ADA) attempts to combat this with its extensive legislation to resolve and mitigate disability discrimination in employment contexts. In this attempt, the ADA mandates that employers provide disabled employees with reasonable accommodations—employment modifications necessary for many disabled employees to perform their jobs and feel included in the workplace. Jurisprudence reflects a series of decisions where courts read the ADA narrowly, strictly, and from an able-bodied perspective, resulting in …

Williamson “Waived” Goodbye: Georgia Court Of Appeals Overturns Twenty-Two Years Of Disability Law And Rejects Waiver Of Sovereign Immunity For Federal Disability Claims, Joshua J. Cummings

Mercer Law Review

The Court of Appeals of Georgia upended twenty-two years of Georgia disability law by ruling that the enactment of the Fair Employment Practices Act (FEPA) did not waive the government’s Eleventh Amendment3 sovereign immunity to Americans with Disabilities Act Amendments Act (ADAAA) claims. In Augusta Judicial Circuit Office of the Public Defender v. Hodge-Peets, a state employee brought an action against a state agency, asserting claims for discrimination, failure to accommodate and retaliation under the ADAAA. The state employee claimed that the State waived its sovereign immunity and thereby consented to suit by the enaction of FEPA. This stance …

Voting Rights In The South Foreword, Karla Mckanders

Vanderbilt Social Justice Reporter

No abstract provided.

Voting Rights In The South: Challenges And Opportunities For An Equal Right To Vote, Anita Earls

Vanderbilt Social Justice Reporter

No abstract provided.

Redefining Race In Redistricting, R. Jared Evans, Victoria Wenger

Vanderbilt Social Justice Reporter

No abstract provided.

Workplace Ai And Human Flourishing, E. Gary Spitko

Connecticut Law Review

This Article explores the important but largely unexplored relationship between workplace artificial intelligence (AI) and human flourishing. More specifically, the Article examines the potential impact of workplace AI decision tools on such critical matters as workers’ human dignity, workplace and personal autonomy, and the opportunity for upward mobility. AI can analyze data far more quickly and efficiently than humans. Moreover, AI computer models are far superior to people in uncovering subtle correlations in large amounts of data and learning from those correlations. Thus, workplace AI decision tools teach themselves to choose the criteria for recruitment, hiring, compensation, promotion, and termination …

Fighting Institutional Betrayal: Gender Pay Equity Litigation Against University Employers, Nantiya Ruan

Connecticut Law Review

Universities are workplaces replete with observed gender pay gaps despite the legal protections in place to mitigate against such a reality. This Article analyzes recent university gender pay equity lawsuits to examine their efficacy in four types of litigation: (1) Class and Collection Action; (2) Government Action; (3) Union Action; and (4) Individual Action. From these case studies of different types of litigation, we learn several important lessons about prosecuting equal pay laws and how to best protect against unequal pay.

First, the Article sets forth the gender pay equity landscape, including the national pay gap picture, the legal framework …

New Legal Realism At 20: Rethinking Law In An Era Of Populism And Social Movements, Jeffrey Omari, Pablo Rueda-Saiz, Richard Ashby Wilson

Connecticut Law Review

This Article critically examines the New Legal Realism (NLR) movement on its twentieth anniversary and illuminates its distinctive intellectual contributions. In evaluating NLR’s unique methodological and substantive contributions, we explore the movement's relationship to other interdisciplinary theories and empirical approaches to law. NLR approaches show a commitment to a comparative, crossnational exploration of legal phenomena while allowing for grounded generalizations about the relationship between law and society. NLR approaches embrace a diverse range of methods and emphasize the importance of “looking up, down, and sideways.” Notably, NLR embraces both “top-down” and “bottom-up” methods, providing comprehensive insights into the intricate interactions …

Do Rural Places Matter?, Stephen Clowney

Connecticut Law Review

Rural communities are at a crossroads. On one hand, small towns continue to receive robust support from the federal government. Congress sends billions of dollars in agricultural support, homeownership subsidies, and infrastructure spending to rural places every year. Yet, despite ongoing federal investment, conditions in rural America have deteriorated. Economic growth, educational opportunities, and health outcomes in rural places all lag behind the rest of the country.

This Article asks what has gone wrong. Why do rural communities continue to lose ground despite such significant outlays from Congress? This Article contributes to the ongoing debate about the future of the …

Imperfect Protection Against Perfect Enforcement: When Procedure Is Not Enough, William S. Fallon

Connecticut Law Review

Government technology that exclusively detects illegal conduct is per se constitutional. Today, the Fourth Amendment provides no protection—zero—against government technology that identifies illegality without also revealing private, innocent behavior.

Meanwhile, alarmingly, government is rapidly developing—and deploying— technology that bypasses the need to examine private, innocent behavior in its detection of wrongdoing. Government can know there is contraband in your bedroom drawer without the need to rummage through that drawer, your home, or any of your private information and possessions. Government can know there is illegal content on your phone without the need to search through that phone or any of …

Treating The Administrative As Law: Responding To The “Judicial Aggrandizement” Critique, Chad Squitieri

Scholarly Articles

Modern separation-of-powers jurisprudence—including key decisions decided during the Supreme Court’s 2023-24 term—has been critiqued on the grounds that it constitutes “judicial aggrandizement,” i.e., that it impermissibly empowers federal courts to decide separation-of-powers questions better left to Congress and the President. This “judicial aggrandizement” critique goes too far to the extent it suggests that federal courts may not play any role in enforcing the separation of powers. After all, ours is a system of a President and Congress constrained by a written Constitution—not a King in Parliament free to act outside of judicial constraint. But the “judicial aggrandizement” critique is persuasive …

2023-2024 Annual Report, Stephanie C. Miller

Law Library Annual Reports and Assessments

No abstract provided.