Law and Gender Commons^™

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

The Excluded: Where Did Our Rights Come From, Who Paid The Price Trying To Establish Them, And Who Is Trying To Take Them Away? The Centuries-Long Struggle For Inclusion, Jim Brosnahan

University of San Francisco Law Review

No abstract provided.

Gender, Race, And Interruptions At Supreme Court Confirmation Hearings, Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.

Scholarly Works

In this research letter, we examine whether gender and racial bias affect interruption rates at one of the most visible events in American politics: US Supreme Court confirmation hearings. Using original data from 1939 to 2022, we find that male and white participants are more likely to interrupt women and person of color speakers, respectively, relative to male and white speakers. This finding holds for both senators and nominees as interrupters. Our results provide evidence that biased interruptive behavior occurs in even the most public and salient of political settings and that it can be mitigated (or intensified) by shared …

Never Again: Zionism And The Jewess, Rona Kaufman

FIU Law Review

The State of Israel was established, in part, to ensure that Jews would never again be killed with impunity. More specifically, the State of Israel was established to ensure that never again would Jewish women and girls be systematically raped, assaulted, violated, and mutilated in a pogrom-like attack against the Jewish people. It is well known that the sweep of history connects Jews with the land of Israel from ancient times to today and serves as an important foundation for political Zionism. Less understood is that the atrocities against Jewish women and girls, committed over thousands of years and across …

How To Teach A Course On Land Use And Anti-Jewish Discrimination, Michael Lewyn

FIU Law Review

In 2022, I was asked to teach a one-week mini-course within a broader course on “Structural Barriers and the Pursuit of Equity,” a course focusing on various forms of structural discrimination The course is typically taught by over a dozen professors from various parts of Touro University, each of whom teaches for a week on a different topic. I chose to teach on issues related to land use law (because my scholarship focuses on that area) and in particular how land use law has been used by and against traditionally observant Jews (because that is the religious tradition I am …

Just Research And Citation, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

Contemporary research and citation practices are often unjust. Data cartels like Westlaw and Lexis have parent companies that prioritize profits in ways that threaten immigrants. Even before the Dobbs decision, search engines could be deployed to weaponize data against pregnant people seeking reproductive care. Women and people of color have been legal scholars for more than a century but, as many scholars have observed, colleagues consistently under-cite, mis-cite or appropriate those scholars’ work with minimal recourse. Citation materials are often inaccessible to disabled people, poor people, or the public due to poor design, paywalls, or unpreserved content that falls prey …

Colliding Doctrines: How Sffa V. Harvard Impacts Public University Officials' Legal Protections, Christo Fosse

University of Cincinnati Law Review

No abstract provided.

Developing A Professional Identity: Lessons For Women, Bipoc, And First-Generation Law Students From The Canaries In The Coalmines, Christine M. Venter

Michigan Journal of Gender & Law

This Article explores the concept of professional identity formation in the law, particularly as it pertains to women and lawyers of color. The topic of professional identity formation is an understudied area in legal education, despite the ABA’s new Standard 303(b)(3), which requires law schools to provide substantial opportunities for the development of professional identity. In the legal field, professional identity is often conflated with professionalism, which leads to confusion about how law schools should best prepare their students for their professional lives, and fails to fully equip students to join the profession.

Studies from other professions have shown that …

Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin

Washington Law Review

This Article examines the often-overlooked practice of “selective performance” of standard form consumer contracts—where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about discrimination. Through both theoretical analysis and empirical evidence, this Article demonstrates that discretionary performance can disproportionately favor certain consumer groups, particularly along racial and gender lines, leading to biased and inequitable outcomes. Drawing on examples from diverse sectors, including retail, insurance, and mortgage services, the Article highlights how marginalized communities, especially Black consumers, frequently face harsher treatment and greater …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

The Last Word On The Ohio Constitution, Jonathan L. Entin

Et Cetera

This essay offers a detailed overview of Steinglass & Scarselli’s significantly revised and expanded second edition of The Ohio Constitution, the leading analysis of that subject. The essay explores some broad themes, including judicial review, judicial independence, the relationship between the judiciary and the political branches of Ohio government, separation of powers, race and gender, the new judicial federalism, and the process for amending the Ohio Constitution. The book is an extraordinary resource for the Ohio bench and bar as well as for the general public. The essay explains why that is so and suggests that readers will use this …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

When “The Right To Life” Forgoes Quality Of Life: Examining The Public Policy Impacts Of Mississippi’S Abortion Ban On Women Post-Dobbs, Eleanor Condelles

Buffalo Human Rights Law Review

On June 24, 2022, the Supreme Court eliminated the right to abortion. Its ruling in Dobbs v. Jackson Women’s Health Org. overturned Roe v. Wade and was the culmination of a decades-long attack on abortion rights and accessibility. Without a federal abortion standard, it is now up to each state to determine women’s access to abortion. This system will produce a tiered structure of abortion access, causing significant health and socioeconomic burdens for women generally and reinforcing fundamental social inequities. Women of means will find ways around the Dobbs decision; others, who lack finances, childcare, or the ability to travel …

Rural Renting: An Empirical Portrait Of Eviction, Cassie Chambers Armstrong, Christopher J. Ryan Jr.

University of Cincinnati Law Review

In this Study, we examine eviction from the renter’s perspective. Specifically, we seek to understand what factors influence the eviction process—and the likelihood it will result in a judgment against a renter—once a property owner initiates legal proceedings. To this end, we used records from 202,572 eviction cases filed by landlords in Kentucky state courts. We employed statistical modeling to determine what impacted whether each case ultimately ended in a judgment of eviction against the renter.

Many of our findings were novel, and they were staggering. We found that, holding all else equal, those living in rural areas were at …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

El Único Pecado De Chepita Rodriguez, Maria G. Vielma

Regeneración: A Xicanacimiento Studies Journal

Cuento.

Integrating Doctrine & Diversity Speaker Series: Breaking Bias: A Conversation With Attorney Anu Gupta 9-10-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

20th Annual Diversity Symposium Dinner 3-26-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Should Racially Vulnerable Victims Show Mercy?, Ekow N. Yankah

Articles

On June 17, 2015, twenty-one-year-old Dylann Roof entered the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, sat, and prayed with nine congregants for at least an hour before pulling out a handgun and killing Cynthia Hurd, Susan Jackson, Ethel Lance, DePayne Middleton-Doctor, State Senator Rev. Clementa Pinckney, Tywanza Sanders, Rev. Daniel Simmons, Sharonda Singleton, and Myra Thompson.' He left three survivors, explicitly so they could "tell the story" of his killings. Roof did so for his own demented reasons; his racist rage was laid out publicly in an online manifesto, and he hoped his murders would begin a …

Contracting For Social Change, Adam N. Eckart

University of Miami Business Law Review

Throughout history, social change has often been shaped by high profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling techniques, and can use such drafting techniques in order to 1) write better and more complete agreements that are more consistent with business-led social activism already taking place, and 2) influence society by forcing counterparties to evolve on social issues, change industry practice, or foster …

Board Diversity Is Here To Stay: Extrajudicial Avenues, Maryann Lennon

University of Miami Business Law Review

Board diversity laws have become a focus of corporations, lawmakers, and courts across the country as constitutional challenges to the policies continue to be raised. California is one of the first states to implement statutes relating to board diversity requirements for publicly held corporations within the state. Nasdaq has followed in similar footsteps, implementing new rules that require a certain number of diverse members on boards for companies listed on the exchanges or a statement explaining a lack thereof. Supporters of the board diversity laws may want to lean on arguments made upholding affirmative action policies within the university system. …

Resurrection, Bassim Al Shaker

Northwestern Law Journal des Refusés

No abstract provided.

Foreword, Caroline Faye Radell, Udhanth Mallasani

Northwestern Law Journal des Refusés

No abstract provided.

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …

Settler Colonialism And Ecosystem Change: How Ideology Has Shaped Minnesota’S Environments, Sarah E. Hobby

History Honors Projects

The formation of a uniquely American land ethic—defined by European political history and Christian biblical doctrine and forged through systems of dispossession—is central to the creation of environments within the United States today. Using Minnesota as a microcosm to understand how settler colonial interactions played out all across the United States, this paper analyzes connections between violent dispossession of Indigenous people and the degradation of environments. By understanding how Ojibwe and Dakota people think about and have shaped Minnesotan lands throughout their history and comparing Indigenous land-ethics to the Euro-American-settler land ethic, this paper evaluates the role that ideology and …