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Full-Text Articles in Law

Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts Apr 2023

Shooting To Minimize Gender Discrimination As An Unintended Consequence Of Title Ix, Alexa Potts

Dickinson Law Review (2017-Present)

Title IX is a federal law prohibiting sex-based discrimination in any education program or activity that receives federal funding. Congress initially passed Title IX out of concern for sexbased equality in academia. However, Title IX has had significant impacts on athletics, resulting in increased athletic opportunities for females. To be Title IX compliant, institutions must provide equality in athletic participation for both sexes. The Office of Civil Rights provided a three-part test to measure equality in athletic participation. Institutions must satisfy at least one of the three prongs to meet Title IX requirements as they pertain to equality in athletic …


Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence Apr 2023

Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence

Faculty Scholarship

This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …


Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee Jan 2023

Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …


Evolving Standards Of Irrelevancy?, Joanmarie Davoli Jan 2022

Evolving Standards Of Irrelevancy?, Joanmarie Davoli

Faculty Scholarship

No abstract provided.


A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan Nov 2021

A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan

Articles by Maurer Faculty

There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student.

Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled …


A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens Jul 2021

A Legacy Of Slavery: The Citizen's Arrest Laws Of Georgia And South Carolina, Roger M. Stevens

South Carolina Law Review

No abstract provided.


Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo Jul 2021

Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo

South Carolina Law Review

No abstract provided.


Governing The Global Public Square, Rebecca Hamilton Apr 2021

Governing The Global Public Square, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

Social media platforms are the public square of our era-a reality that has been entrenched by the widespread closure of physical public spaces in response to the COVID-19 pandemic. This online space is global in nature, with over 3.6 billion users worldwide, but its governance does not fall solely to govern- ments. With the rise of social media, important decisions about what content does-and does not-stay online are made by private technology companies. Reflecting this reality, cutting-edge scholarship has converged on a triadic approach to understanding how the global public square operates-with states, users, and technology companies marking out three …


National Security Decision-Making In The Age Of Technology: Delivering Outcomes On Time And On Target, Gary Corn Jan 2021

National Security Decision-Making In The Age Of Technology: Delivering Outcomes On Time And On Target, Gary Corn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole Jan 2021

A Perfect Storm: Race, Ethnicity, Hate Speech, Libel And First Amendment Jurisprudence, Michael J. Cole

South Carolina Law Review

No abstract provided.


First Step Act Of 2018: How Its Statutory Interpretation Limits Criminal Justice Reform, Adriana E. Morquecho Jan 2021

First Step Act Of 2018: How Its Statutory Interpretation Limits Criminal Justice Reform, Adriana E. Morquecho

American University Journal of Gender, Social Policy & the Law

Introduction

Today, the United States incarcerates more people than any other country in the world. Nearly half a million people are incarcerated in federal and state prisons for drug offenses, up from just 41,000 in 1980. Mass incarceration has disproportionately affected communities of color, with the American Civil Liberties Union noting that one out of every three Black boys and one out of every six Latino boys born today can expect to be imprisoned, compared to one out of every seventeen white boys. Notably, the 1980s marked the beginning of the War on Drugs, which led to a spike in …


Detention Of At-Risk Individuals During Covid-19: Humanitarian Parole And The Eighth Amendment, Kaylette Clark Jan 2021

Detention Of At-Risk Individuals During Covid-19: Humanitarian Parole And The Eighth Amendment, Kaylette Clark

American University Journal of Gender, Social Policy & the Law

I. Introduction

Manuel Amaya Portillo is a 23-year-old asylum seeker from Honduras who is detained at LaSalle Detention Center in Louisiana. Amaya Portillo has neurological issues, heart issues, and a physical deformity. While detained, Amaya Portillo has not received the accommodations he needs, such as a wheelchair and accessible housing. On January 8, 2020, the American Civil Liberties Union (ACLU) wrote a letter to Immigration and Customs Enforcement (ICE) requesting that Amaya Portillo’s request for humanitarian parole be granted in light of his disabilities. Even with access to a wheelchair, Amaya Portillo will continue to face challenges while detained, including …


Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena Jan 2021

Towards A Principled Approach For Bailouts Of Covid-Distressed Critical/Systemic Firms, Horst Eidenmuller, Javier Paz Valbuena

South Carolina Law Review

No abstract provided.


Fraud Law And Misinfodemics, Wes Henricksen Jan 2021

Fraud Law And Misinfodemics, Wes Henricksen

Faculty Scholarship

No abstract provided.


Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro Jan 2020

Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro

American University Journal of Gender, Social Policy & the Law

Introduction.

On June 16, 2015, President Trump announced his 2016 presidential campaign and claimed that Mexicans are criminals who “[h]ave lots of problems . . . they’re bringing drugs. They’re bringing crime. They’re rapists . . . It’s coming from all over . . . Latin America.” President Trump has publicly expressed his hostility towards immigrants by calling them “animals” and blaming them for drugs and gangs in the United States. While in office, President Trump tweeted that immigrants were invading the United States and suggested that “we must immediately, with no Judges or Court Cases, bring them back from …


The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny Jan 2020

The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny

American University Journal of Gender, Social Policy & the Law

Introduction.

The #MeToo movement is one of the most far-reaching social media movements in history and its impact can still be felt years later. As the hashtag in the name suggests, the #MeToo movement gained the bulk of its momentum on Twitter but the movement’s actual origins began on MySpace in 2006. Tarana Burke, a long-time activist, founded the nonprofit organization Just Be Inc., which serves survivors of sexual assault and harassment. Burke came up with the concept of “me too” in 1997 when she was counseling a 13-year-old survivor of sexual abuse at a youth camp. Burke states that …


Raising The Bar On Accessibility: How The Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss Jan 2020

Raising The Bar On Accessibility: How The Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss

American University Journal of Gender, Social Policy & the Law

Introduction

Think about the steps it takes to get from law school admission through passing the Bar exam. Not only do you have to graduate with your college degree, but you have to take the Law School Admissions Test (LSAT); enroll in law school; potentially take out student loans; do plenty of reading; pass all of your classes; survive a few internships; participate in clinics, practicums and activities; obtain the juris doctor degree; study for weeks and months on end to take the bar exam; and hope for good news to begin your journey as an attorney. While it sounds …


See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross Jan 2020

See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross

Faculty Scholarship

No abstract provided.


As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood Jan 2020

As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.


Of Wigs, Wickets, And Moonshine: Leadership Development Lessons From An International Collaboration, Douglas A. Blaze Jan 2020

Of Wigs, Wickets, And Moonshine: Leadership Development Lessons From An International Collaboration, Douglas A. Blaze

Scholarly Works

No abstract provided.


Equality Is A Brokered Idea, Robert Tsai Jan 2020

Equality Is A Brokered Idea, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …


Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman Nov 2019

Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke Sep 2019

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …


The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith Jul 2019

The Regulation Of Complementary And Alternative Medicine (Cam) In South Carolina, What Is Happening And What Needs To Change, Anna C. Smith

South Carolina Law Review

No abstract provided.


The Signature Of Gerrymandering In Rucho V. Common Cause, Andrew Chin, Gregory Herschlag, Jonathan Mattingly Jul 2019

The Signature Of Gerrymandering In Rucho V. Common Cause, Andrew Chin, Gregory Herschlag, Jonathan Mattingly

South Carolina Law Review

No abstract provided.


Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton Mar 2019

Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton

Scholarly Works

No abstract provided.


Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle Jan 2019

Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle

Articles in Law Reviews & Other Academic Journals

Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …


Scientific Knowledge Fraud, Wes Henricksen Jan 2019

Scientific Knowledge Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.


Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard Jan 2019

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …


The Myth Of The Country Lawyer, Judy Cornett Jan 2019

The Myth Of The Country Lawyer, Judy Cornett

Scholarly Works

No abstract provided.