Civil Rights and Discrimination Commons^™

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …

Old Lines In New Battles: An Overlooked Yet Useful Statute To Confront Exploitation Of Undocumented Workers By Employers And By Ice, Aviam Soifer

Nevada Law Journal

No abstract provided.

The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein

Capstone Projects and Master's Theses

The Arab Springs were a series of revolutions that took place in the Middle East which first came about in the country of Tunisia. Tensions over governmental corruption, poor economic standings, unemployment, lack of political freedom, and little progress for women’s rights. From the fall of the Ben Ali Regime to the rise of the Ennahda Islamist Party, it has truly impacted Women’s Rights in such a unique way that has shaped a great revolution. These tensions also created a domino effect throughout the Arab World which affected countries such as Egypt, Libya, Yemen, and Syria. The role of women …

Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer

Brooklyn Journal of International Law

For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …

Combating The Actor's Sacrifice: How To Amend Federal Labor Law To Influence The Labor Practices Of Theaters And Incentivize Actors To Fight For Their Rights, Shelley Attadgie

Cardozo Law Review

Part I of this Note will provide a background of the stage theater industry and the current federal and state labor laws and regulations. Section L.A will introduce the basic structure of the acting world, the differences between union and non-union actors, and the conflict surrounding the recent repealing of the Los Angeles 99-seat Theatre Waiver. Section I.B will discuss current minimum wage laws, focusing on the provisions of the Fair Labor Standards Act (FLSA). Part II of this Note will analogize the actor's situation in the line with the relevant statutes, regulations, and case law to determine whether theaters …

Second Class Citizenship? The Plight Of Naturalized Special Immigrant Juveniles, Irene Scharf

Cardozo Law Review

No abstract provided.

42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope

Northwestern Journal of Law & Social Policy

No abstract provided.

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality And Aclu Of Washington In Opposition To Plaintiffs' Motion For Summary Judgment And In Support Of Defendant's Cross-Motion For Summary Judgment, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Chong and Marilyn Yim, Kelly Lyles, Eileen, LLC, and Rental Housing Association of Washington v. The City of Seattle

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew …

Explicit Bias, Jessica A. Clarke

Northwestern University Law Review

In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts …

You Are Where You Eat: Discrimination In The National School Lunch Program, Anna Karnaze

Northwestern University Law Review

The National School Lunch Program (NSLP) serves over thirty million children daily in over one hundred thousand schools across the United States. Though it is regulated at the federal level, state and local education agencies have a great deal of authority when it comes to actually implementing the NSLP. As a result, a number of schools nationwide have adopted practices that identify students who participate in the NSLP, which causes those students to experience stigmatization. This Note focuses on two of these practices: (1) the physical separation of paying and nonpaying students in the cafeteria, often resulting in de facto …

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to occur in …

Re: Dhs Docket No. Iceb-2018-0002; Rin 1653-Aa75, 0970-Ac42; Comments In Response To Proposed Rulemaking: Apprehension, Processing, Care, And Custody Of Alien Minors And Unaccompanied Alien Children, Katherine Kaufka Walts Jd, Diane Geraghty

Center for the Human Rights of Children

No abstract provided.

287(G) Agreements In The Trump Era, Huyen Pham

Washington and Lee Law Review

No abstract provided.

Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom

Washington and Lee Law Review

No abstract provided.

How The Feres Doctrine Prevents Cadets And Midshipmen Of Military-Service Academies From Achieving Justice For Sexul Assault, Katherine Shin

Fordham Law Review

Sixty-seven years ago, Feres v. United States foreclosed service members from pursuing claims under the Federal Tort Claims Act (FTCA) for “injuries incident to their service.” The progeny of case law that has since developed, the basis for what is known as the Feres doctrine, expanded the scope of what the Feres Court originally articulated as an injury incident to service. Now, cadets and midshipmen of military-service academies who allege that the government (i.e., the administration of military-service academies) was negligent in handling their sexual assaults are precluded from bringing an FTCA claim because their injuries are classified as “incident …

Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper

Dignity: A Journal of Analysis of Exploitation and Violence

This report is an account of the legal battle between Australian grassroots campaigning movement Collective Shout and Sexpo, the annual sex industry exhibition. Sexpo brought a lawsuit against Collective Shout after their campaign against Sexpo’s promotion of live-streamed porn shows on public buses servicing school routes. In April 2018, Sexpo’s application was dismissed, with Sexpo ordered to pay Collective Shout’s legal costs.

Wrongful Termi(Gay)Tion: A Comparative Analysis Of Employment Non-Discrimination Laws And The Lgbtq+ Workplace Protections In South Africa And The United States, Jared Ham

Cornell Law Review

Although the United States has made great strides toward equality for its LGBTQ+ citizens in recent years, South Africa has demonstrated far greater progress concerning equal protection and employment non-discrimination of its LGBTQ+ citizens. The South African Constitution, South African Constitutional Court cases, and laws passed by the South African Parliament all mandate that LGBTQ+ South Africans be treated equally to their heterosexual counterparts. Discrimination against LGBTQ+ South Africans is expressly forbidden— including in the employment context. The United States still lacks comprehensive federal employment non-discrimination laws or workplace protections for LGBTQ+ individuals. Extending Title VII—either via court decision or …