The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, 2024 Saint Louis University School of Law
The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood
SLU Law Journal Online
This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, 2024 University of New Mexico
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
The Scholar: St. Mary's Law Review on Race and Social Justice
Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.
Consequently, the legal profession must …
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, 2024 St. Mary's University
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.
For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …
The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, 2024 Monmouth University
The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern
Journal of Collective Bargaining in the Academy
The Persistence of Separate and Unequal:
Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity
ABSTRACT
For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …
The Supreme Court And Children, 2024 Northwestern Pritzker School of Law
The Supreme Court And Children, Aaron Tang
Northwestern University Law Review
How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”
In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, 2024 Northwestern Pritzker School of Law
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Northwestern University Law Review
Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.
On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, 2024 University of Cincinnati College of Law
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
University of Cincinnati Law Review
No abstract provided.
A New Private Law Of Policing, 2024 Brooklyn Law School
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Affirmatively Furthering Health Equity, 2024 Brooklyn Law School
Affirmatively Furthering Health Equity, Mary Crossley
Brooklyn Law Review
Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, 2024 Brooklyn Law School
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
Brooklyn Law Review
In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, 2024 Brooklyn Law School
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
Staff Matters: How To Address Derogatory Comments Among Staff Members, 2024 HRM Services
Staff Matters: How To Address Derogatory Comments Among Staff Members, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
Addressing derogatory comments among staff members requires a systematic approach. Document the incident, meet individually with each employee, and assess their reactions. Responses may vary from denial to remorse. Tailor disciplinary action based on their accountability and alignment with office values. Consider potential legal ramifications and seek HR or legal guidance if needed. Regardless, swift action is essential to maintain a respectful workplace environment.
“When Did African Americans Get The Right To Vote In Georgia?”, 2024 Mercer University School of Law
“When Did African Americans Get The Right To Vote In Georgia?”, Marc T. Treadwell
Mercer Law Review
Most know that the post‑Civil War Fifteenth Amendment guaranteed citizens of all races, or at least male citizens of all races, the right to vote. But notwithstanding the keen interest today in voting rights and alleged voter suppression and that well-known Fifteenth Amendment, few know that for decades African Americans were banned outright from voting in primary elections that determined state and local leaders in many Southern states. In the post‑Reconstruction South, the Democratic Party controlled every facet of state politics and government. The Party’s whites‑only primary elections ineluctably determined the outcome of general elections. The party did not allow …
To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, 2024 Mercer University School of Law
To Heck And Back: The Eleventh Circuit Clarifies How Pro Se Litigants Can Avoid Incognizable Excessive Force Claims In Hall V. Merola, Cameron Obioha
Mercer Law Review
At the very beginning of the opinion, the United States Court of Appeals for the Eleventh Circuit expressed that this was “one Heck of an appeal.” Patrick Valencia, Wendall Hall’s appointed lawyer on appeal, seemed to think so, too. Hall represented himself pro sefor years while incarcerated in Florida’s state prison system, and knew his case “backwards, forwards, sideways, upwards, downwards, in the dark.” Nonetheless, after he filed the initial briefs for his own appeal, the Eleventh Circuit determined it best for Hall to take second chair. When asked about his appointment to represent Hall, Valencia stated that “[he] …
The Poison Drips Through: Scotus Thins Anti-Discrimination Rights In Wake Of Legislative Attacks On The Lgbtq+ Community, 2024 Mercer University School of Law
The Poison Drips Through: Scotus Thins Anti-Discrimination Rights In Wake Of Legislative Attacks On The Lgbtq+ Community, Emma Blue
Mercer Law Review
Anti‑LGBTQ+ legislation has surged to a record high through state legislatures with more than 500 bills introduced and nearly 100 laws signed in 2023 alone. The overwhelming rise in targeted legislation has led the Human Rights Campaign, the largest LGBTQ+ civil rights organization in the United States, to officially declare a state of emergency for the LGBTQ+ community for the first time. The legislative attacks have branched across the nation, from curriculum to performance, seeking to ban books from schools and libraries, as well as banning public drag shows. The First Amendment of the United States Constitution has been turned …
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, 2024 Villanova University Charles Widger School of Law
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell
Villanova Environmental Law Journal
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, 2024 Chicago-Kent College of Law
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, 2024 Chicago-Kent College of Law
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.