Law Commons^™

Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler

Seattle University Law Review

Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally, …

Rejecting The Wrongs Of Yesterday: A Multifaceted Approach To Eliminating Racial Disparities In The Arkansas Criminal Justice System, Adjoa A. Aiyetoro, Tara V. Dejohn

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Failing To Fund Fairly: Title Ix Athletics Scholarships Compliance, Barbara J. Osborne

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Making Gender Visible: Title Ix And Discriminatory School Discipline, Verna Williams

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah L. Brake

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Introduction: Forging The Path Forward: Critical Conversations From Title Ix: History, Legacy, And Controversy, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Table Of Contents, Tabitha Johnson

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

June 15, 2017: But If Trump Is Hitler And The Republicans Are The Nazi Party, Why Not Open Fire?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But if Trump is Hitler and the Republicans Are the Nazi Party, Why Not Open Fire?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 12, 2017: Donald Trump Got Elected, Remember?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Trump Got Elected, Remember?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

When The Pursuit Of Liberty Collides With The Rule Of Law, Rena Lindevaldsen

Faculty Publications and Presentations

In his 1979 article, Unspeakable Ethics, Unnatural Law, Arthur Leff argued that in the absence of a god-grounded ethical and legal system, “there cannot be any normative system ultimately based on anything except human will.” Stated differently, any human determination of what is moral that is separated from the unchanging moral standard of God is arbitrary and, likely, inconsistent. The difficulty with a human-will based system is that either each person is morally autonomous, in which case no government rules contradicting the individual's moral determination could be justified, or the will of the majority constitutes what is right, in which …

June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz

Hallowed Secularism

Blog post, “Exiting the Paris Accord“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change, Lisa E. Sachs, Nicolas Maennling, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

The sustainable development goals (SDGs) and the Paris Agreement lay out a global consensus on the need to curb human-induced climate change and to achieve sustainable development. These concepts are linked. The urgency of addressing climate change is critical for global efforts to reduce poverty and advance sustainable development, but also climate-change mitigation must be pursued in a manner consistent with ending poverty, promoting economic development, respecting human rights, and ensuring social inclusion. CCSI and the UN Sustainable Development Solutions Network (SDSN) have published a briefing note summarizing the ways in which international oil and gas companies can help expand …

Rethinking Red Lights: An Economic Approach To Appalachian Prostitution Laws, Kandi Spindler

DePaul Journal of Women, Gender and the Law

The legal discourse surrounding prostitution frequently drowns out the voices of sex workers themselves by focusing on questions of morality. But ignoring the voices of those affected by prostitution laws also ignores the driving force behind prostitution: economics. This Note departs from a traditional case study by using interviews with chiefly sex workers and brothel management to craft a more efficient and fair mode of regulating prostitution. By viewing prostitution for what it is—an industry driven by basic economic principles—business law becomes the clear choice for replacing the current, ineffective laws. Furthermore, reshaping prostitution laws to meet the monetary needs …

A Patient's Right Not To Hear: The Public Health Case For Challenging Pre-Abortion Ultrasound Description Mandates By Refocusing On The Listener, Juliana Shulman-Laniel

DePaul Journal of Women, Gender and the Law

This Article argues for a reframing of the discourse surrounding abortion-specific informed consent laws, calling for scholars and practitioners to focus not solely on the physician’s right against compelled speech, but also a patient’s right not to listen. Although this right has not been firmly recognized by the courts, a growing body of case law and scholarly papers has begun to acknowledge the potential for this right. This Article begins by examining how bridging the First Amendment rights of doctors-as-speakers and patients-as-listeners within the context of the unique doctor-patient relationship may help to establish a patient’s right not to hear. …

Meeting Of The Minds And Bodies: Contract Law And The Mutuality Of Sexual Exchanges, Kelly Jo Popkin

DePaul Journal of Women, Gender and the Law

Though it may seem like an obvious analogy, a comparison of consent to sex and consent to contract has rarely been explored in such detail. The legal concepts protecting bargainers to a contract can be applied to analyses of sexual coercion in consent to sexual encounters, thereby affording survivors with greater protection against instances of sexual violence that seem to consistently slip through the cracks of our criminal justice system. More importantly, this analysis has never before been applied to the Title IX campus sexual assault adjudication process and policies. As a procedure involving civil law, rather than criminal law, …

Pushback: Title Vii Takes On Hobby Lobby, Carole Okolowicz

DePaul Journal of Women, Gender and the Law

In Hobby Lobby, the U.S. Supreme Court decided that a for-profit corporation could avoid the requirement under the Affordable Care Act that it pay for coverage of female contraception in the employee health plan due to the employer’s religious objections to birth control. In so deciding, the Court allowed the employer to discriminate against its female employees in their employee benefits. Such a decision raises the possibility of a claim of sex discrimination by the corporation’s female employees under Title VII. This article explores the main issues and pitfalls in such a claim.

The two main issues with the possible …

The Arctic: Science, Law, And Policy, Charles H. Norchi, Paul A. Mayewski

Ocean and Coastal Law Journal

In 1959, Sir Charles Snow (C.P. Snow) delivered a lecture at Cambridge University entitled The Two Cultures and the Scientific Revolution in which he identified a duality of cultures. There were the scientists and the humanists--two dimly acquanited cultures that rarely communicated, and when they did it was usually at cross-purposes. One culture was contentedly unknowing and skeptical of science, and the other was marginal to the great social questions of the time. For C.P. Snow, the polarization and lack of communication between the two groups could be fatal to the Western World. The 21st century has also revealed polarized …

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.

Ip Law Post-Brexit, Graeme Dinwoodie, Richard Arnold, Lionel Bently, Estelle Derclaye

All Faculty Scholarship

No abstract provided.

An Assessment Of Economic Considerations For Industrial Hemp Production, Luke T. Lane

Agricultural Economics and Agribusiness Undergraduate Honors Theses

The Farm Bill now allows for the legal production and research of industrial hemp as long as it meets the standards outlined in the Farm Bill. The bill passed by the House of Representatives states, “To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes” (House of Representatives, Bill 525). Prior to the passing of this bill, farmers were not allowed to produce industrial hemp. Industrial hemp is defined as, “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of …

Zika And The Failure To Act Under The Police Power, Jacqueline Fox

Faculty Publications

Zika is a mosquito-borne and sexually transmitted disease that is a dangerous threat to pregnant women, causing catastrophic birth defects in a large percentage of fetuses when their mothers become infected while pregnant. It raises numerous issues related to abortion, birth control, poverty, and women’s control over their procreative choices. While the United States received ample warning from January 2016 onward that it was at risk of local transmission of this virus and public health officials at all levels generally behaved properly, the state and federal legislative responses in the summer of 2016 were entirely inadequate. For example, no state …

Why The 1960 Lunch Counter Sit-Ins Worked: A Case Study Of Law And Social Movement Mobilization, Christopher W. Schmidt

Indiana Journal of Law and Social Equality

No abstract provided.

Grid Modernization And Energy Poverty, Shelley Welton

Faculty Publications

Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …

Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez

Capstone Projects and Master's Theses

This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.

I Share, Therefore It's Mine, Donald J. Kochan

University of Richmond Law Review

No abstract provided.

Race And The Law, Cassandra Conover

University of Richmond Law Review

No abstract provided.

The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley

University of Richmond Law Review

No abstract provided.

Acknowledgments, Rachel P. Willer

University of Richmond Law Review

No abstract provided.

Commencement Remarks Of Fbi Director James Comey To University Of Richmond School Of Law Class Of 2016, James Comey

University of Richmond Law Review

The text of a speech James Comey gave at the University of Richmond School of Law Commencement Ceremony on May 7, 2016.