Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams,
2022
University of New Mexico
Testing The Limits: Asian Americans And The Debate Over Standardized Entrance Exams, Vinay Harpalani
South Carolina Law Review
No abstract provided.
Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications,
2022
Mercer University School of Law
Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars
Articles
n June 2020, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court held that discrimination on the basis of sexual orientation and transgender status per se constitutes discrimination "because of sex" for purposes of Title VIL But Bostock inspires the question of whether its holding and reasoning apply in other contexts, including the Equal Protection Clause context. While the Supreme Court has held intermediate scrutiny applies to sex classifications analyzed under the Equal Protection Clause, the Court has yet to elucidate the level of scrutiny that applies to LGBTQ classifications. Meanwhile, state and federal courts …
Addressing Asian (In)Visiblity In The Academy,
2022
University of Missouri School of Law
Addressing Asian (In)Visiblity In The Academy, Shruti Rana, Cyra Akila Choudhury
Faculty Publications
To be Asian American in the legal academy is to be caught between a paradox and a dichotomy, with both marked by silencing and erasure. The paradox exists within the term "Asian American" itself, as "'Asian' and 'American' have historically been posed as antithetical" identities in U.S. history and jurisprudence. On one side is a representation of unassimilable perpetual foreignness with Asian bodies targeted for violence and unequal protection of the law often justified by their perceived threat to national security. On the other is the lure of assimilation, where the model minority myth offers a purported path into acceptance …
Lifesaving Discrimination,
2022
American University Washington College of Law
Lifesaving Discrimination, Dallan F. Flake
American University Law Review
Racial minorities in the United States, and Black people in particular, experience worse health outcomes and lower-quality medical care than White people do. Mounting empirical evidence indicates that for Black Americans, and perhaps other racial minorities, this gap can be narrowed if they are given the choice to receive care from physicians of their same race. Given the significant benefits of patient-physician racial concordance for people of color, this Article argues that medical providers who do not have enough physicians of color on staff to meet their patients’ needs should be permitted in some cases to make race conscious physician-hiring …
Table Of Contents,
2022
Seattle University School of Law
Text Is Not Enough,
2022
University of Colorado Law School
Text Is Not Enough, Anuj C. Desai
University of Colorado Law Review
In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and lesbian individuals from employment discrimination. The three opinions in the case also provided a feast for Court watchers who study statutory interpretation. Commentators across the ideological spectrum have described the opinions as dueling examples of textualism. The conventional wisdom is thus that Bostock shows the triumph of textualism. The conventional wisdom is wrong. Instead, Bostock shows what those who have studied statutory interpretation have known for decades: judges are multimodalists, drawing from a panoply of forms of …
Released, But Not Free: The Unexonerated,
2022
Brooklyn Law School
Released, But Not Free: The Unexonerated, Heidi Gilchrist
Faculty Scholarship
No abstract provided.
The "Rainbow Tax": Overcoming Repayment Barriers,
2022
Lewis & Clark Law School
The "Rainbow Tax": Overcoming Repayment Barriers, Hannah C. Deloach
Lewis & Clark Law Review
In 1996, the Defense of Marriage Act passed through Congress and was signed into law by President Bill Clinton. The Defense of Marriage Act effectively banned same-sex couples from receiving federal benefits that were otherwise available to heterosexual couples. In 2004, the first legal same-sex marriages were performed in the United States of America in the state of Massachusetts. These marriages allowed the now-married couples to access state tax benefits previously unavailable to them. However, because of section 3 of the Defense of Marriage Act, which defined marriage as a union between one man and one woman, those newly married …
Immigration Detention As A Violation Of Transgender Detainees' Substantive Due Process Rights,
2022
George State University College of Law
Immigration Detention As A Violation Of Transgender Detainees' Substantive Due Process Rights, Emily Torstveit Ngara
Lewis & Clark Law Review
Noncitizens in immigration proceedings are often subject to civil detention pending a final decision on their case. Transgender individuals in immigration detention are at high risk for physical and sexual assault, cruel and degrading treatment, denial of necessary medical care, and protective isolation. The well-documented harms caused to transgender individuals in detention violate Fifth Amendment substantive due process. This Article documents the harms of immigration detention specific to the transgender community, reviews substantive due process jurisprudence in the civil detention context, and analogizes Eighth Amendment claims for transgender prisoners to substantive due process claims. Immigration detention is predicated on the …
Title Ix Abroad: A Proposed Framework For Extraterritorial Application,
2022
Lewis & Clark Law School
Title Ix Abroad: A Proposed Framework For Extraterritorial Application, Christina Vieira Da Rosa
Lewis & Clark Law Review
Regulatory changes to Title IX made clear that the statute’s sexual assault grievance procedures do not apply to incidents that take place outside the United States. This Comment explores the reasoning underlying these 2020 regulations, which signal a departure from prior interpretations of Title IX and limit recourse for U.S. students who are sexually assaulted while studying abroad. Ultimately, this Comment argues that Title IX should have an extraterritorial reach when both complainant and respondent are affiliated with U.S. institutions. Such a change would harmonize Title IX’s underlying purpose with the practical difficulties of investigating and adjudicating conduct occurring outside …
Trojan Zebra: Unmasking Bostock’S Potential To Undermine Lgbtq+ Protections,
2022
Lewis & Clark Law School
Trojan Zebra: Unmasking Bostock’S Potential To Undermine Lgbtq+ Protections, James E.A. Rehwaldt
Lewis & Clark Law Review
Engaging with the methodological framework endorsed by the Supreme Court’s holding and rejected by the dissents in Bostock v. Clayton County, this Comment critically examines both the limited scope and potential misuses of the Court’s decision recognizing protection against employment discrimination for gay, lesbian, and transgender individuals under Title VII of the Civil Rights Act.
When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents,
2022
Deakin University, Australia
When And How Does Anti-Semitism Occur? The Different Trigger Mechanisms Associated With Different Types Of Criminal And Non-Criminal Hate Incidents, Matteo Vergani, Dan Goodhard, Rouven Link, Amy Adamczyk, Joshua D. Freilich, Steven Chermak
Publications and Research
We used data from an Australian community register to build a database containing 673 incidents, including both criminal and non-criminal anti-Semitic acts that occurred between October 2013 and September 2017. We conducted bivariate and multivariate analyses to explore the differences in the types of incidents associated with different trigger events. Using time series methods, we found a significant increase in criminal (but not in non-criminal) incidents during the 2014 Israel–Gaza conflict. During Jewish religious festivals, we found a significant decrease in criminal incidents, and a significant increase in non-criminal incidents. After the establishment of the neo-nazi group Antipodean Resistance, we …
Angels, Virgins, Demons, Whores: Moving Towards An Antiracist Praxis By Confronting Modern Investment Law Scholarship,
2022
St. Mary’s University School of Law
Angels, Virgins, Demons, Whores: Moving Towards An Antiracist Praxis By Confronting Modern Investment Law Scholarship, Tara Van Ho
Faculty Articles
Racism is not a natural phenomenon. Historically, it was socialised into global exist existence through intentional acts that have become embedded parts of the international legal order and domestic social systems. Rejecting racism and developing alternative antiracist approaches similarly require intentionality. One area of concern for scholars is how our linguistic and framing choices perpetuate or reproduce racialised hierarchies. In this article, I employ I. Bennett Capers's 'Reading Black' methodology to interrogate racialised narratives embedded in four contributions to modern international investment law debates. The purpose is not to condemn the individual authors but to identify how the socialisation and …
The Third Amendment In 2020,
2022
St. Mary’s University School of Law
The Third Amendment In 2020, Michael L. Smith
Faculty Articles
Compared with other Amendments in the Bill of Rights, the Third Amendment does not get much attention. Its prohibition on the quartering of soldiers in houses during peacetime, along with its prohibition on similar quartering during times of war absent legal prescription, is rarely the subject of litigation or scholarship. Indeed, most people—and likely most attorneys—probably cannot tell you what the Third Amendment covers if put on the spot. This Article aims to fix this by giving the Third Amendment the respect that one of the Constitution's original amendments deserves. This Article surveys and analyzes caselaw, scholarship, and popular media …
Respecting The Identity And Dignity Of All Indigenous Americans,
2022
St. Mary's University School of Law
Respecting The Identity And Dignity Of All Indigenous Americans, Bill Piatt
Faculty Articles
The United States government attempted to eliminate Native Americans through outright physical extermination and later by the eradication of Indian identity through a boarding school system and other "paper genocide" mechanisms. One of those mechanisms is the recognition of some Natives but not the majority, including those who ancestors were enslaved. The assistance provided to recognized tribes by the government is inadequate to compensate for the historical and continuing suffering these people endure. And yet the problem is compounded for those unrecognized Natives whose ancestors were enslaved and whose tribal identity was erased. They are subjected to a double-barreled discrimination. …
Intentional Discrimination And Haredi Jews,
2022
Touro Law Center
Intentional Discrimination And Haredi Jews, Michael Lewyn
Scholarly Works
No abstract provided.
Bostock And Contact Theory: How Will A Single U.S. Supreme Court Decision Reduce Prejudice Against Lgbtq People?,
2022
Maurer School of Law - Indiana University
Bostock And Contact Theory: How Will A Single U.S. Supreme Court Decision Reduce Prejudice Against Lgbtq People?, Mantas Grigorovicius
Indiana Law Journal
In 1954, Gordon Allport, one of the nation’s leading social psychologists, laid out a hypothesis explaining how prejudice could be reduced by intergroup contact. Decades later, his hypothesis became a theory with thousands of research hours behind it. Under contact theory, one of the factors that facilitates a reduction in prejudice between two groups is support of authorities or law. This Comment focuses on Bostock v. Clayton County, a recent Supreme Court decision holding that Title VII prohibits discrimination based on sexual orientation. Allport suggested that antidiscrimination laws help to “lead and guide the folkways,” and this Comment explores how …
Mandating Board Diversity,
2022
University of California - Irvine
Mandating Board Diversity, Sung Eun (Summer) Kim
Indiana Law Journal
California’s Assembly Bill 979 (AB-979) requires companies that are based in California to have a specified minimum number of directors from underrepresented communities. A “director from an underrepresented community” is defined as an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who selfidentifies as gay, lesbian, bisexual, or transgender. AB-979 received much attention for being the first law to mandate greater diversity on corporate boards in terms of race and sexual orientation. Senate Bill 826 (SB-826), which was introduced two years prior, was the first U.S. legislative effort …
Addressing The Inevitability Of Race In The Doj’S Enforcement Of The Pattern-Or-Practice Initiative,
2022
San Diego State University
Addressing The Inevitability Of Race In The Doj’S Enforcement Of The Pattern-Or-Practice Initiative, Joshua Chanin
Loyola University Chicago Law Journal
Section 14141 of the 1994 Crime Act empowers the U.S. Department of Justice (DOJ) to investigate and drive reform of local law enforcement agencies found to have engaged in a pattern or practice of misconduct. During the Trump administration, the DOJ willfully allowed its powers under this section to lie dormant, despite a number of high-profile incidents of police violence against Black Americans. Active enforcement of Section 14141 affords the federal executive branch significant opportunities to promote lawful policing. Using its pattern-or-practice authority, the DOJ has guided dozens of law enforcement agencies through a process designed to remedy systemic unlawful …
Doe V. Brown University, 253 A.3d 389 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
Doe V. Brown University, 253 A.3d 389 (R.I. 2021), Katie Gradowski
Roger Williams University Law Review
No abstract provided.
