Law Commons^™

Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer

University of Miami Inter-American Law Review

This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?

The Novel Of Manners In Anne Tyler’S Breathing Lessons, Khitam Kamil Mubdir, Sahar Abdul Ameer Haraj

Journal of STEPS for Humanities and Social Sciences

This paper deals with Anne Tyler (1941) one of the most prolific American writer. Tyler’s Breathing Lessons is the eleventh novel, and the novel won a Pulitzer Prize in 1989. The novel is published in 1988. In this paper a study is undertaken to investigate the use of novel of manners in Anne Tyler’s Breathing Lessons. The novel contains a high dramatic plot than any exciting plot found in any thriller movie. The significance of Breathing Lessons is that it depicts the life of Maggie and her husband, Ira, an American couple and who are middle aged. This family maintains …

Bridging The Cultural Divide: A Single Case Study Exploring Connections Between Multi-Cultural Education, Identity, Self-Esteem And Leadership, Amy Britton

Journal of Multicultural Affairs

This qualitative single case study explores connections between multicultural education, identity development, self-esteem, and leadership. The study focuses on the lived experiences of a lifelong learner, educator, and leader in higher education with the pseudonym, Rachel. The interview with Rachel traced how she experiences diversity within her academic experiences as a learner and her professional experiences as an educator and leader.

Gender Identity, Health, And The Law: An Overview Of Key Laws Impacting The Health Of Transgender And Gender Non-Conforming People, Naomi Seiler, Amanda Spott, Mekhi Washington, Paige Organick-Lee, Aaron Karacuschansky, Gregory Dwyer, Katie Horton, Alexis Osei

Saint Louis University Journal of Health Law & Policy

A growing population of transgender, nonbinary, and other gender non-conforming Americans experience the burden of multiple physical and mental health inequities. Largely rooted in discrimination and stigma, these disparities are compounded by barriers to respectful, appropriate healthcare.

A range of new policies, including state laws attempting to limit access to gender-affirming care for minors, may further compound health disparities. However, in some states and at the federal level, protective laws seek to prohibit discrimination and support access to care. Meanwhile, the constitutional status of gender identity under the Equal Protection Clause, and the legality of certain federal protections challenged on …

An Investigation Into The Psychological Effects Of Undercover Policing, Cheyenne Ls Jones

Channels: Where Disciplines Meet

Throughout history, the evolution of crime has been responded to with an evolution in crime fighting tactics. One of these tactics was undercover operations, which were developed to combat specific varieties of crime beginning with white collar crimes and government corruption. Today, undercover operations are utilized in many other ways as well, ranging from drug stings to online operations targeting sex crimes. While these developments have greatly aided and advanced justice over the years, the time has come to begin addressing the negative effects of undercover operations on the individual officers. Evidence has demonstrated over the years that undercover operations …

Race, Class, And Second Chances: The Impact Of Multiple Identities On Reentry And Reintegration, S. David Mitchell

St. John's Law Review

(Excerpt)

Race, class, and other identities directly impact the process of reentry and the successful reintegration back into society for individuals who have had prior involvement in the criminal justice system. Collectively, persons convicted of a crime face numerous legal barriers that interfere with or prevent successful reentry and reintegration back into society, such as being prevented from securing housing and obtaining employment among other collateral consequences. For many, the process of reentry and reintegration is made even more difficult because of prior discriminatory policies and practices that were based solely on demographic factors, some of which are innate or …

How The Americans With Disabilities Act Of 1990 Continues To Fail The Deaf And Hard Of Hearing, Maria Nowak

Mitchell Hamline Law Review

No abstract provided.

A Taxonomy Of Professional Identity Formation, Harmony Decosimo

Saint Louis University Law Journal

No abstract provided.

Gender Unfreedom: Gender Diverse Perspectives From Digital India, Sara Bardhan

Journal of Feminist Scholarship

No abstract provided.

Biometric Data Regulation And The Right Of Publicity: A Path To Regaining Autonomy Over Our Commodified Identity, Lisa Raimondi

University of Massachusetts Law Review

This Note explores how a right of publicity action might be used to address present day concerns regarding biometric data ownership rights where an individual’s likeness can essentially be bought and sold. As social networking and use of the internet has grown, so has the opportunity for people to engage with others and share their lives. However, that opportunity also comes with risk. More and more, people are required to accept the terms of use and privacy policies detailing how their biometric data will be collected and stored if they want to download and use certain technological applications. Most of …

The Identity Criterion: Resuscitating A Cardozian, Relational Approach To Duty Of Care In Negligence, Tim Kaye

Hofstra Law Review

Everyone agrees that the canonical case in American negligence law is Palsgraf v. Long Island Railroad Co. In his famous majority opinion in the New York Court of Appeals, Chief Judge Benjamin Cardozo held that the outcome of the case turned on whether the plaintiff, Mrs. Palsgraf, had been owed a duty of care by the Long Island Railroad. He declared that the answer to this question depended on whether the parties had a relevant relationship at the time of the conduct under consideration. “Negligence, like risk,” he said, is “a term of relation. Negligence in the abstract, apart from …

No Standing And No Recourse: The Threat To Employee Data Under Current U.S. Cybersecurity Regulation, Georgia D. Reid

Touro Law Review

No abstract provided.

Memory, Moral Reasoning, And Madison V. Alabama, Elias Feldman

Touro Law Review

No abstract provided.

Does Bitcoin Use Affect Crime Rates?, Kevin Keane

The Corinthian

Bitcoin is the most widely used cryptocurrency in the world because of its decentralized network that completes user-to-user transactions, eliminating the need for intermediaries. During 2017, the volume of Bitcoin transactions totaled $94.3 trillion. Bitcoin transactions are recorded in a public database called the blockchain. Although the blockchain can keep track of how many transactions there are, it can’t identify the people involved in transactions. The lack of identity increases the anonymity of Bitcoin transactions, making it less detectable when used for crime. Using the Uniform Crime Reporting’s state-level crime rate data and blockchain’s Bitcoin transaction information, I estimate the …

From Protecting To Performing Privacy, Garfield Benjamin

The Journal of Sociotechnical Critique

Privacy is increasingly important in an age of facial recognition technologies, mass data collection, and algorithmic decision-making. Yet it persists as a contested term, a behavioural paradox, and often fails users in practice. This article critiques current methods of thinking privacy in protectionist terms, building on Deleuze's conception of the society of control, through its problematic relation to freedom, property and power. Instead, a new mode of understanding privacy in terms of performativity is provided, drawing on Butler and Sedgwick as well as Cohen and Nissenbaum. This new form of privacy is based on identity, consent and collective action, a …

Self And Other In Northern Ireland: The Challenge Of Ethical Leadership In An Ethnic Conflict, Duncan Morrow

The International Journal of Ethical Leadership

No abstract provided.

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.

Linking Mission And Identity At The University Of Cincinnati, David Straddler

Freedom Center Journal

This essay traces the major shifts in UC’s mission and identity, keeping in mind the questions of who it serves, and what service it provides. These may seem rather straightforward concerns, especially for an institution that has had 200 years to hone its mission, but a quick review of UC’s history makes clear that the university community has rarely reached a consensus on these central questions. Just as important, in the recent past, conceptions of UC’s mission and identity have become especially muddled. What follows addresses some broad shifts in the role of higher education in the United States, but …

The Plasticity Of The Body, The Injury, And The Claim: Personal Injury Claims In The Era Of Plastic Surgeries, Adi Youcht

William & Mary Journal of Race, Gender, and Social Justice

The accelerated rise in the number of plastic surgeries has created an inflation of personal injury claims in connection with this cultural practice. This Article, on the one hand, aims to understand how the culture of plastic surgeries affects the tortious area of personal injury law (terms, concepts, goals, procedures, remedies, etc.), and on the other to understand how the significance of plastic surgery popular culture is designated by law. The Article suggests a new paradigm for defining personal injuries in order to face the legal challenges raised by plastic surgery culture and, in light of the culture’s re-designation by …

A Crossroads, Not An Island: A Response To Hanoch Dagan, Zoë Hitzig, E. Glen Weyl

Michigan Law Review Online

Hanoch Dagan critiques Radical Markets for insufficient attention to the value of autonomy. While most of his concrete disagreements result from miscommunications, he appears sympathetic to a theory of autonomy that is more widespread, and deserves response. Human agency is fundamentally social, and individuality is primarily constituted by the unique set of social connections and identities one adopts. In this sense, flourishing individuals are crossroads of different communities, not self-sufficient islands. Beyond any welfarist benefits, a fundamental value of Radical Markets is that they aim to instantiate the social nature of identity and empower agency through diverse community.

Transparenthood, Sonia K. Katyal, Ilona M. Turner

Michigan Law Review

Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or …

Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise

Michigan Journal of Gender & Law

As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity. This Note posits …

Privacy Spaces, Bert-Jaap Koops

West Virginia Law Review

Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house spaces, …

Conscious Identity Performance, Leslie P. Culver

San Diego Law Review

Marginalized groups in the legal profession sometimes feel pressure to perform strategies to communicate their identity in a predominantly white legal profession. Relevant legal scholarship describes this phenomenon, for example, in terms such as covering and passing—largely forms of assimilation. The notion is that outsiders—women, people of color, LGBTQ—use these strategies to communicate with insiders—white, heterosexual, males—in ways designed to advance their status in the legal profession. This article expands on that scholarship by drawing on a theoretical framework that legal scholars have largely ignored: co-cultural theory. This interdisciplinary theory describes how non-dominant cultures communicate in a dominant society. In …

"We Sick": The Deweys As Women's Willful Self-Destruction In Toni Morrison's Sula, Kathleen Anderson, Gayle Fallon

Journal of Feminist Scholarship

Toni Morrison explores the complexities of race, gender, and matrilineal influence in Sula. Although much recent feminist criticism has addressed the operations of race and gender in the novel, this essay provides the first developed examination of Morrison’s strategic use of three diminutive boys, all named “dewey,” to emphasize the willfully self-destructive tendencies of the novel’s female characters. Burdened with their community’s limiting idealizations of femininity and motherhood, the women of Sula practice various forms of self-harm in an effort to develop and proclaim their holistic, autonomous selves. The deweys’ mischievous childhood games foreshadow the consequences of female self-harm, but …

Running From The Gender Police: Reconceptualizing Gender To Ensure Protection For Non-Binary People, Katie Reineck

Michigan Journal of Gender & Law

Non-binary people who are discriminated against at work or school are in a unique and demoralizing position. Not only have some courts expressed reluctance to use existing antidiscrimination law to protect plaintiffs who are discriminated against based on their gender identity and not simply because they are men or women, in most states non-binary genders are not legally recognized. I argue that a fundamental right to self-identification grounded in the Due Process Clause of the Fourteenth Amendment would provide non-binary plaintiffs with the ability to assert their gender in court and have that assertion carry legal weight, regardless of how …

Identity-Related Information Asymmetry: Exploring Responses To The “Faceless Other”, Connor Bildfell

Pepperdine Dispute Resolution Law Journal

This paper will explore the following core question: What are the various ways in which a known subject may respond to the “faceless other,” and how do we navigate and explain that choice? I will proceed as follows: Parts I and II synthesize the literature on identity and anonymity in conflicts. Part I focuses on understanding the behavior of the “faceless other”, and Part II examines theories as to how the subject responds to the “faceless other.” In Part III, I argue that, when faced with IRIA, we typically adopt one of five common (though often ill-advised) responses. These are …

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.

Proving Identity, Jonathan Weinberg

Pepperdine Law Review

United States law, over the past two hundred years or so, has subjected people whose race rendered them noncitizens or of dubious citizenship to a variety of rules requiring that they carry identification documents at all times. Those laws fill a gap in the policing authority of the state, by connecting the individual’s physical body with information the government has on file about him; they also can entail humiliation and subordination. Accordingly, it is not surprising that U.S. law has almost always imposed these requirements on people outside our circle of citizenship: African Americans in the antebellum South, Chinese immigrants, …