Law Commons^™

Consumer Protection And The Illusory Promise Of The Unconscionability Defense, Benjamin C. Zipursky, Zahra Takhshid

Faculty Scholarship

The United States Supreme Court’s notorious decision in AT&T Mobility LLC v. Concepcion seems to display impatience with the idea of an unconscionability defense to the enforcement of a contract. At the core of Justice Antonin Scalia’s majority opinion, however, was not an argument against the idea of unconscionability per se, but an argument against using “unconscionability” as a cover for a broader public policy agenda. This interpretation is confirmed by the Court’s little-known decision in Marmet Health Care Center, Inc. v. Brown, handed down the term after Concepcion was decided. Plaintiffs were allowed to move forward in Marmet because …

Entrenchment Of Employment Inequality In The Academic Workforce: The Implications Of “An” Appropriate Bargaining Unit, Katherine Ashley

Dalhousie Law Journal

The academic workforce has changed dramatically in recent years. Formerly, universities were staffed primarily by tenured faculty, making possible the collegial governance models under which they operate statutorily. There has been a shift away from this model, however, and universities now rely more heavily on part-time professors. Postsecondary institutions are among the most heavily unionized workplaces in Canada. Yet, while academic unionization is widespread, the unionization model is inconsistent: some unions are faculty associations, while others are not; some unions represent only full-time professors; others represent part-time instructors; others represent both; and some also include other types of academic employees. …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Beyond A Boundary Of Systemic Anti-Black Racism In The Workplace In Canada, Adelle Blackett

Dalhousie Law Journal

In this lecture, I will, however, focus on one of the legacies of slavery, that is, the largely untold story of racial segregation in the world of work in Canada. We have come so effectively, and rightly, to focus on the effects of discrimination, that we may have inadvertently walked past the history. Reclaiming this history will comprise the first part of my talk.

The second part of my talk will reference the emergence of the duty of fair representation. I will seek to illustrate the weight of the erasure of anti-Black racism through this duty. In other words, far …

Power Struggle: The Disproportionate Burden State Surrogacy Requirements Impose Upon Women, Courtney Harper Turkington

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

The use of gestational surrogacy as a means to grow a family is increasing each year as fertility rates decline and single individuals and same-sex couples seek to have children who are genetically related to them. The United States does not have a uniform law governing surrogacy, leaving states to enact their own. While twenty-four states in this country have passed legislation permitting surrogacy and twenty-four others allow surrogacy in practice, the vast majority of states impose laws or practices that unduly burden women. In particular, Louisiana has the most restrictive surrogacy regime in the country. The state’s gestational carrier …

The Unconstitutionality Of Governor Youngkin's Felon Re-Enfranchisement Scheme (Or Lack Thereof): An Examination Of Hawkins V. Youngkin'S Challenge To Virginia's Current Felon Re-Enfranchisement Scheme, Olivia Rovin

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

This Note argues that Governor Youngkin’s felon re-enfranchisement “scheme” violates the Constitution. Ultimately, I will be evaluating the argument made in Hawkins v. Youngkin, formerly known as Nolef Turns v. Youngkin, noting its strengths and its weaknesses. Part I describes both American history and Virginia’s specific history of denying people convicted of felonies their right to vote. It also details the Supreme Court case, Richardson v. Ramirez, in which the Court held that denying people convicted of a felony the right to vote is constitutional under the Equal Protection Clause. Part I also gives a brief history …

"'Let's Not Go To Camelot, 'Tis Illegal'": History And Tradition In Discriminatory Charter School Policy Justifications: The Chivalry Edition, J.M. Long

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

This Article will begin in Part I with an overview of charter schools in the United States and a brief history of charter school growth in the United States. Part II then turns to focus upon charter schools and their growth in the state of North Carolina, emphasizing their legal uniqueness in relation to the North Carolina Constitution.

Second, CDS’s [Charter Day School, Inc.] dress code included a restriction for girls only— girls were required to wear either a dress or skorts (a combination of shorts covered with a skirt). Girls were not permitted to wear pants or shorts. The …

For The Right To Repair Oneself: Cybernetic Imds And The Plight Of Manufacturer Abandonment, Kathy Bacuta

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

One in four people in the United States are disabled, making them the country’s largest minority. Yet they are well-known as the forgotten minority because they are often overlooked by governments and international organizations, and are rarely included in diversity and equity discussions. This is clear in how little the United States fights for the rights of the disabled. The disability aid and big pharma industries have been accused of being parasitic, the public has been accused of being unaccommodating, and the state and federal government has been accused of being unhelpful towards supporting the lives of the disabled. However, …

Child Marriage In Relation To The Free Exercise Clause And The Establishment Clause, Mahima Alam

Student Works

No abstract provided.

Navigating The Equal Terms Maze: Reconciling Circuit Splits On Rluipa's Land Use Protections, Najma Hassan

Student Works

No abstract provided.

School Choice And The First Amendment, Symone Cirton

Student Works

No abstract provided.

The European Union’S Leadership In Regulating Artificial Intelligence: The Danger In Allowing U.S. Corporations To Self-Determine That Their Chosen Ai Systems Do Not Fall Within The High-Risk Category, Anthony M. Schlass

Student Works

No abstract provided.

Rarefied Air: Fitting Airbnb Into Zoning And Housing Law, Joseph Russo

Student Works

No abstract provided.

Fiduciary Duty And Generative Ai In Financial Services, Daria Beshentseva

Student Works

No abstract provided.

Learning From The Public Sector: Re-Balancing The Bargaining Power In Major League Sports, Christina M. Sarras

Student Works

No abstract provided.

Navigating America’S “Most Lucrative Vice”: How The U.S. Supreme Court ‘Got It Right’ In Murphy, Melissa Velasco

Student Works

No abstract provided.

The Transformation Of Correctional Facilities Using Artificial Intelligence Technology, Ruth Mokhtar

Student Works

No abstract provided.

The Realities Of Sex Offender Treatment: What Is Not Being Shared, Pooja Mehta

Student Works

No abstract provided.

Halfway Houses: Fixing A Struggling System, Ezra Rothenberg

Student Works

No abstract provided.

The Economic Impact Of Prison Labor: Who Benefits, Who Loses?, Esther Larios

Student Works

No abstract provided.

Reexamining Procedural Due Process In Prison Disciplinary Proceedings, Alexander Wilson

Student Works

No abstract provided.

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

Student Works

No abstract provided.

Penalty Flags And Pigskins: An Antitrust Examination Of The Nfl-Amazon Prime Video Thursday Night Football Package, Maxim Zwarycz

Student Works

No abstract provided.

Corporate Practice Of Medicine Evasion By Private Equity Firms, Peter A. Stokes

Student Works

No abstract provided.

How Fashion Trademarks Meet Ai: Fashion Designers Navigating The World Of Ai With Their Trademarks, Julie R. Silberfein

Student Works

No abstract provided.

Seeking To Understand Establishment Clause Jurisprudence Post Bremerton: How History Solves The Lemon Problem, Andrew J. Scott

Student Works

No abstract provided.

It Is About Time To Lower Prescription Drug Costs For Americans: Let’S Begin By Regulating The Pbms Who Control Prescription Drug Costs, Samarth Parikh

Student Works

No abstract provided.

Get Ready With Me For Court: Increasing Ftc Enforcement In Influencer Marketing, Rosalena Morrell

Student Works

No abstract provided.

Technology Is Booming And The Law Is Not: Why Ai Machines And Creators Must Be Awarded Copyright Authorship, Aditya Mishra

Student Works

No abstract provided.

Legacy Of Buck V. Bell: Women’S Bodies As Border Wall, Georgia Macedo Cardoso

Student Works

No abstract provided.