Civil Rights and Discrimination Commons^™

Exposing Sedated Legal Responses To Non-Consensual Pelvic Exams Under Anesthesia, Ashleigh Austel

American University Journal of Gender, Social Policy & the Law

When Ashley Weitz, a woman from Utah, underwent sedation for treatment of vomiting, the last thing she expected was to wake up in the middle of an invasive pelvic exam that she did not consent to. The doctor informed her he was collecting a sample to test for sexually transmitted diseases, but the doctor had previously determined a pelvic exam was unnecessary. Reflecting on the experience, Ashley said, “in any other setting, someone putting their fingers into my vagina without my consent is assault. I did not consent to this exam, and he did it anyway.”

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland

Indiana Journal of Global Legal Studies

This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …

Sb 129 - Amendments Regarding Time Off For Advance Voting, Cody A. Choi, Devan K.T. Knapp

Georgia State University Law Review

The Act amends several Code sections pertaining to voting, including broadening the individuals eligible to serve on an independent performance review board; allowing for employees to request time off for advance in person voting; specifying which elections may be audited; and providing election superintendents more time to report required election information.

Judicial Process And Vigilante Federalism, Charles W. "Rocky" Rhodes, Howard M. Wasserman

Faculty Publications

Jon Michaels’ and David Noll’s "Vigilante Federalism" (Cornell Law Review) decries the explosion of state laws that target certain people (women seeking abortions, trans students seeking to use bathrooms, schools trying to teach about race) and rely on private civil litigation by random "any persons" as the exclusive or primary enforcement mechanism. These laws "deputize private actors to wage and win the culture wars," while subordinating marginalized groups.

But Michaels and Noll conflate well-taken substantive constitutional objections to these laws with procedural issues surrounding the private enforcement mechanism, which is neither unique nor constitutionally problematic. States have long authorized private …

Community-Based Justice Research (Cbjr) Project: Exploring Community-Based Services, Costs And Benefits For People-Centered Justice, Trevor C. W. Farrow, Ab Currie

Canadian Forum on Civil Justice

The CBJR Project is a collaborative international initiative featuring exciting new research exploring the costs and benefits of community-based justice. The CBJR Project partners include the Katiba Institute in Kenya, the Center for Alternative Policy Research & Innovation in Sierra Leone and the Centre for Community Justice & Development in South Africa, with collaboration and support from the Canadian Forum on Civil Justice and the International Development Research Centre.

Since 2018, the CBJR Project partners have been working to learn more about the benefits, costs and opportunities of providing and scaling various community-based justice services and initiatives, as well as …

Public Order Policing: A Proposal For A Charter-Compliant Legislative Response, Jamie Cameron, Robert Diab

Articles & Book Chapters

This article offers a brief response to the Final Report of the Public Order Emergency Commission by two authors who provided expert reports to the Commission. We focus on Commissioner Rouleau’s recommendation that the provinces and the federal government create a “major event management unit” to ensure “integrated command and control” of large events, and that governments clarify the scope of police power to create exclusion zones and to impose other limits on protest and assembly. We argue that nothing short of legislation on point would suffice to address problems of coordination among police agencies and the lack of clarity …

The Campus Battle Over Expression And Equality: Combatting Discrimination By Restricting Freedom?, Faisal Bhabha

Articles & Book Chapters

Given that the purpose of post-secondary education is to advance knowledge, academic life requires protection from unreasonable interference arising from institutional policies or public pressure. This paper argues that, in the interests of providing a safe and inclusive learning environment, universities have run the risk of unduly restricting debate and the exchange of ideas through unwarranted applications of anti-discrimination norms on campus. Based on a detailed review of the jurisprudence, the author contends that human rights legislation imposes no requirement, and provides little authority, for constraining thought or speech in higher education. Indeed, the threats to freedom of expression on …

He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak

Emory International Law Review

Most jurisdictions have adopted changes in legislation within the past fifty years that reflect the evolution and advancement of women’s legal rights. Somalia, however, has not undergone a significant change in its legal regime since the 1960s. Somalia’s penal code and criminal procedure code are based on laws that were written in the late 1800s to early 1900s. When it comes to rape, judges harbor the beliefs that women must “put up a fight” against their assailants and doubt the inherent trustworthiness of women. These prevailing gender myths prevent women from accessing justice and infringe on their rights to equality …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams

Seattle University Law Review

While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear.1 Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.

This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …

How Firms Turn Middle Managers Into Diversity Leaders, Alexandra Kalev, Frank Dobbin

Seattle University Law Review

In 2007, the Conference Board published a piece calling middle managers “the biggest roadblock to diversity and inclusion” for standing in the way of change efforts. Today, many chief diversity officers report that they have failed both to diversify middle management and to get middle managers involved in promoting inclusion. We explore popular diversity programs that create “paper” or “symbolic” principles for achieving diversity (diversity policy statements and guidelines for hiring, promotion, and discharge), as well as programs that engage middle managers in promoting diversity (special recruitment and mentoring programs, and diversity task forces). “Paper” policies often fall flat, but …

Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud

Seattle University Law Review

This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …

Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, Brian D. Hulse

Seattle University Law Review

This Article deals with the issues that arise when Washington courts face the following scenario. One spouse enters into a contract without the joinder (and perhaps without the knowledge) of the other spouse. Both spouses are domiciled in Washington. The contract has contacts with one or more jurisdictions other than Washington and is generally governed as to validity and interpretation by the law of another jurisdiction. The contracting spouse defaults and the other party to the contract obtains a judgment on the contract. The court confronts a question about the property to which the plaintiff will have recourse to collect …

Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty

Seattle University Law Review

The summer of 2020 reignited a conversation about the relationship between race and policing in the United States. While many have taken the opportunity to scrutinize the racially discriminate components of our criminal justice system, comparable aspects of civil law must be equally scrutinized. A particular area of concern pertains to racially biased policing and the concept of “policing for profits” with Black, Indigenous, and people of color communities (BIPOC), which is accomplished mainly through civil asset forfeiture at a state and federal level.

The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry

Seattle University Law Review

If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …

“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark

Seattle University Law Review

When the Seattle University Law Review editorial staff invited me to write an updated history of the Seattle University School of Law in honor of our 50th anniversary, I planned to start the narrative with the year 1989, which was where the prior written history (authored by former Law Library Director Anita Steele and published by the Law Review) had left off. It also happens to be the year when I graduated from this law school and joined the tenure-track faculty, so 1989 seemed like a propitious place to begin. However, as I began to do the research necessary to …

A Path Forward: Litigating The Treaty-Based Claims Of Children Sexually Abused In The Indian Health Service System, Peter B. Janci, Stephen F. Crew, Zachary Pangares

Seattle University Law Review

In 1855, representatives for the United States traveled to the Great Plains with orders to seek peace with Blackfoot Nation so the westward expansion of “civilized” white settlers could continue without interruption. After weeks of negotiations, the United States plan materialized. The terms of these promises were memorialized on October 17, 1855, in a treaty between the United States government and Blackfoot Nation.

One hundred and sixty-seven years later, representatives for the United States and the Blackfoot Nation convened in Rapid City, South Dakota to discuss the U.S. government’s breach of the treaty’s terms. Eight Native men, including three from …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Blood On The Tracks, Thomas D. Russell

Seattle University Law Review

Streetcars were the greatest American tortfeasors of the early twentieth century, injuring approximately one in 331 urban Americans in 1907. This empirical study presents never-before-assembled data concerning litigation involving streetcar companies in California during the early twentieth century.

This Article demonstrates the methodological folly of relying upon appellate cases to describe the world of trial court litigation. Few cases went to trial. Plaintiffs lost about half their lawsuits. When plaintiffs did win, they won very little money. Regarding the bite taken out of the street railway company, the Superior Court was a flea.

Professor Gary Schwartz and Judge Richard Posner …

A Meditation On The Thirteenth Amendment And Constitutional Redemption, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

United States V. Vaello-Madero: The Impact Of Varying Rights To Citizens Of The United States, Ana Siracusa

Loyola University Chicago Law Journal

Since 1917, residents of Puerto Rico have been citizens of the United States. However, because of Puerto Rico’s status as a United States territory, residents of Puerto Rico are not automatically guaranteed the same constitutional rights as other citizens of the United States. When faced with the question of what constitutional rights residents of Puerto Rico are entitled to, the Supreme Court has continued to perpetuate the otherness of United States territories. This disposition results from the United States’ colonial mindset in the acquisition and government of its territories. The discrimination against United States territories, namely Puerto Rico, has bled …

San Antonio Independent School District V. Rodriguez At Fifty: Contingencies, Consequences, And Calls To Action, Martha Minow

Loyola University Chicago Law Journal

When the Supreme Court of the United States decided San Antonio Independent School District v. Rodriguez, the Court’s five-to-four decision not only closed the door to federal courts to predominantly Mexican American low-income students seeking constitutional protection against unequal public education; it also rejected claims of federal constitutional right to equal educational opportunity, rebuffed calls for heightened judicial scrutiny of classifications drawn on the basis of wealth or poverty, and let stand unaltered school finance arrangements producing different per pupil expenditures depending solely on where students live. Setbacks though can inspire. Faced with the decision in Rodriguez, advocates …

States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan H. Caminker

Loyola University Chicago Law Journal

Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …

Arbitration Under Union-Negotiated Collective-Bargaining Agreements: The Need For Perspicuity When Employees Waive The Right To Pursue Discrimination Claims In Federal Court, Travis Thickstun

Loyola University Chicago Law Journal

How clear and unmistakable should arbitration clauses be when employees waive their right to pursue discrimination claims in federal court under union-negotiated collective-bargaining agreements? The United States courts of appeals have been split on this question since the Supreme Court handed down its decisions in Wright v. Universal Maritime Service Corp. and 14 Penn Plaza LLC v. Pyett.¹ In Wright, the Court held that waiver in union-negotiated collective-bargaining agreements must be “clear and unmistakable.”² Eleven years later, in Pyett, the Court affirmed its clear-and-unmistakable standard for waiver of a union member’s right to pursue …

Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman

FIU Law Review

This comprehensive analysis, divided into three parts, navigates the intricate tapestry of discrimination against women in the American workplace. Part I elucidates the historical and theoretical foundations, spanning feminist theory evolution, the modern women's movement, and the trajectory of women's labor force participation. In Part II, the discussion delves into the critical insights of Professor Kerri Stone's groundbreaking work, "Panes of the Glass Ceiling," connecting each identified glass pane to feminist theory. Part III introduces a novel perspective by appending a 10th pane to the glass ceiling: Patriarchal Violence. This addition underscores the pervasive impact of gender-based violence on women's …

Beyond The Glass Ceiling: Panes Of Equity Partnership, Rachel Arnow-Richman

FIU Law Review

This Article, prepared for a “micro-symposium” on Professor Kerri Stone’s monograph Panes of the Glass Ceiling (2022), explores the partnership pay gap in large law firms and the role of high-profile litigation in facilitating pay equity. There is a rich literature and extensive data on the gender attainment gap in elite law firms, particularly with regard to women’s attrition from practice and poor representation within the partnership ranks. Less attention has been paid to the way in which the exceptional women who achieve equity partner status continue to lag behind their male peers. This Article explores “Women v. BigLaw,” a …

Shattering Stereotypes, Stephanie Bornstein

FIU Law Review

Amidst the paradoxical landscape of gender progress and regression, this article explores the intricate intersection of recent legal developments and persistent gender disparities. As the U.S. Supreme Court attains near gender parity, paradoxically, its Dobbs opinion overturns Roe v. Wade, spotlighting the precarious state of reproductive autonomy. Professor Kerri Stone's seminal work, "Panes of the Glass Ceiling," illuminates pervasive gender stereotypes shaping workplace dynamics. Beyond examining stereotyping's legal implications, Stone reveals the "unspoken beliefs" manifesting as distinct "panes" of the glass ceiling. This analysis delves into each pane, underscoring the evolving challenges facing women in contemporary workplaces and offering a …