Law Commons^™

Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry

Faculty Scholarship

The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects of culture and the law. The treatment of incarcerated transgender people is no exception. Historically, transgender people have been routinely denied access to medically necessary hormone therapy, surgery, and other gender-affirming procedures; subjected to cross-gender strip searches; and housed according to their birth sex. But these policies and practices have begun to change. State departments of corrections are now providing some, though by no means all, appropriate care to transgender people, culminating in the Ninth Circuit’s historic decision in Edmo …

Erasing Evidence Of Historic Injustice: The Cannabis Criminal Records Expungement Paradox, Julie E. Steiner

Faculty Scholarship

Cannabis prohibition and its subsequent enforcement have yielded an epic societal tragedy. The decision to criminalize cannabis was a paradigm-shifting moment in legal history because it converted lawful medicinal or intoxicant seeking conduct into criminal activity, inviting government intrusion into matters previously self-controlled.

Scholars increasingly recognize that prohibition was built upon a decades-long, false, media-driven narrative that “marijuana” was one of society’s worst menacing enemies. Using overtly racist propaganda, the narrative successfully captured the audience, fomenting public anxiety and unfairly demonizing cannabis and its users. This misinformation campaign ultimately led to its current status as prohibited under the federal Controlled …

Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller

Faculty Scholarship

How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …

Bankruptcy Law—Rethinking The Discharge Of Late Filed Taxes In Consumer Bankruptcy, Justin H. Dion, Barbara Curatolo

Faculty Scholarship

The 2005 amendments to the Bankruptcy Code, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) was enacted in order to improve bankruptcy law. However, BAPCPA has made the issue of whether late-filed taxes are dischargeable even murkier than before the amendments. After BAPCPA, some courts continued to analyze claims as they had before the amendment. Others used a “one-day-late rule” that prevented late-filed taxes from being dischargeable—even if the taxes were filed only one day late. This Article suggests a different approach. It argues that the legislature intended tax debt associated with late-filed income tax returns be dischargeable if the …

The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability, Sudha Setty

Faculty Scholarship

The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.

How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted …

Brief Of Amici Curiae Glbtq Legal Advocates & Defenders Et Al. In Support Of Respondent In Gloucester County School Board V. G.G., Sjc 16-273, Jennifer Levi, Shannon P. Minter, Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, Emily J. Nash

Faculty Scholarship

Amici brief submitted by the GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and Foley Hoag, LLP. to the Supreme Court of the United States in the case of Gloucester County School Board v. G.G., by His Next Friend and Mother, Deirdre Grimm. The brief argues that the Court should reject the school board’s claim that privacy interests justify its discriminatory policy for three reasons. First, there is no basis for the creation of a new privacy right that justifies excluding transgender students from shared restrooms. Second, nothing in Title IX or its regulations supports the School …

Donald Trump's Cabinet Bodes Ill For The Planet, Lauren Carasik

Media Presence

No abstract provided.

N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik

Media Presence

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A Dismal Day For Human Rights In The Us, Lauren Carasik

Media Presence

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Donald Trump Doubles Down On Deportation Plan, Lauren Carasik

Media Presence

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New Un Secretary-General Must Commit To Accountability, Lauren Carasik

Media Presence

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Blood In Honduras, Silence In The United States, Lauren Carasik

Media Presence

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Washington Should Avoid Repeating Plan Colombia’S Failures, Lauren Carasik

Media Presence

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Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik

Media Presence

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Obama’S National Security Exceptionalism, Sudha Setty

Faculty Scholarship

This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …

Us Leaders Cave To Popular Fear On Syrian Refugees, Lauren Carasik

Media Presence

No abstract provided.

Us May Be Complicit In War Crimes In Yemen, Lauren Carasik

Media Presence

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Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik

Media Presence

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Guatemala Needs Profound Change, Lauren Carasik

Media Presence

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Obama’S Failure Of Leadership On Gitmo, Lauren Carasik

Media Presence

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Obama Fights To Continue Detention Of Migrant Families, Lauren Carasik

Media Presence

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Close The Revolving Door Between Washington And Wall Street, Lauren Carasik

Media Presence

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Equal Justice Remains Elusive For The Poor, Lauren Carasik

Media Presence

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Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik

Media Presence

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Supreme Court Argument On Same-Sex Marriage Clouds Predictions, Lauren Carasik

Media Presence

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Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik

Media Presence

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Americans Have Yet To Grasp The Horrific Magnitude Of The ‘War On Terror’, Lauren Carasik

Media Presence

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Us Should End Solitary Confinement, Lauren Carasik

Media Presence

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26 States Sue Obama Over Immigration Plan, Lauren Carasik

Media Presence

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Doj Clears Wilson But Excoriates Ferguson Police, Lauren Carasik

Media Presence

No abstract provided.