Comment: Unconstitutional Accountability In The Department Of Veterans Affairs,
2018
Marquette University Law School
Comment: Unconstitutional Accountability In The Department Of Veterans Affairs, Ian Pomplin
Marquette Benefits and Social Welfare Law Review
The Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017, Pub. L. No. 115-41, 131 Stat. 862 (2017), was enacted into law on June 23, 2017, in an effort to reform a troubled government agency that has had the media shine a spotlight on its abuses and waste. This new law significantly lowers the standard of evidence to take adverse actions against federal employees at the Department of Veterans Affairs, overrides collective bargaining agreements, and greatly shortens notice and response time periods that are constitutionally guaranteed. This comment will discuss the history of due process in federal employment, …
Masterpiece Cakeshop: “Does Anybody Really Know What Time It Is?”, 52 Uic J. Marshall L. Rev. 83 (2018),
2018
UIC School of Law
Masterpiece Cakeshop: “Does Anybody Really Know What Time It Is?”, 52 Uic J. Marshall L. Rev. 83 (2018), Ted Hong
UIC Law Review
The purpose of this article is to highlight the less controversial part of the Court’s opinion. This article is intended for counsel representing parties before federal, state, municipal and local administrative agencies, counsel representing administrative agencies and people serving on administrative agencies. The article discusses how the Masterpiece Cakeshop opinion was the culmination of discussing the role of procedural due process in the administrative agency process. The Court’s opinion has “real time” application in a current case before the Intermediate Court of Appeals, State of Hawai`i. This article also highlights the difference in appointment of boards and commissioners in three …
The Growing Gender/Religion Divide,
2018
Marquette University Law School
The Growing Gender/Religion Divide, Marcia L. Mccormick
Marquette Benefits and Social Welfare Law Review
No abstract provided.
The Federal Death Penalty, Trumpism, And Civil Rights Enforcement,
2018
University of Detroit Mercy School of Law
The Federal Death Penalty, Trumpism, And Civil Rights Enforcement, Richard Broughton
American University Law Review
No abstract provided.
Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students,
2018
American University Washington College of Law
Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce
The Modern American
No abstract provided.
A (Not So) Simple Question: Does Title Ix Encompass “Gender”?, 51 J. Marshall L. Rev. 225 (2018),
2018
UIC School of Law
A (Not So) Simple Question: Does Title Ix Encompass “Gender”?, 51 J. Marshall L. Rev. 225 (2018), J. Brad Reich
UIC Law Review
This article has five sections. Section I looks at critical, operational, definitions of “sex” and “gender.” As we shall see, the terms are not synonyms. That distinction is important as section II takes us back to Title IX’s original text. That language prohibited discrimination based on sex, but it remains silent on the issue of gender. Section III then examines how Title IX evolved in terms of depth, breadth, and scope. The most recent expansion brought campus sexual violence procedures under Title IX. That development may be particularly thought provoking as sexual violence, like gender, is not part of Title …
Growing Inequality Of Opportunity In Texas: Causes And Solutions, 51 J. Marshall L. Rev. 309 (2018),
2018
UIC School of Law
Growing Inequality Of Opportunity In Texas: Causes And Solutions, 51 J. Marshall L. Rev. 309 (2018), Raj Salhotra
UIC Law Review
In this paper, I will discuss Texas-specific data regarding inequality, identify causes of rising inequality, and offer policy solutions to remedy the situation. Specifically, in Section II, I will offer data on inequality within Texas. In Section III, I will build a framework to conceptualize the various causes of this growing inequality. In Section IV, I will offer specific solutions to help reduce inequality. For each solution, I will offer a “dream” solution and a “politically-feasible” solution. Finally, in Section V, I will conclude the paper and relate this research back to the American Dream story.
Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018),
2018
UIC School of Law
Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco
UIC Law Review
No abstract provided.
Biometrics And Federal Databases: Could You Be In It?, 51 J. Marshall L. Rev. 589 (2018),
2018
UIC School of Law
Biometrics And Federal Databases: Could You Be In It?, 51 J. Marshall L. Rev. 589 (2018), Angelica Carrero
UIC Law Review
No abstract provided.
Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now,
2018
Loyola Law School
Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray
Michigan Journal of Gender & Law
This legal-literary essay engages the current social and jurisprudential moment, encapsulated by the hashtag #metoo. It focuses on the allegations, made in the first week of December 2017, that Ninth Circuit Court of Appeals Judge Alex Kozinski verbally sexually harassed former law clerks Emily Murphy and Heidi Bond. I wrote the lioness’s share of the piece during December 10–11—that is, in the days before news outlets reported that other women complained of Kozinski touching them on the thigh or breast while propositioning them for sex or discussing recent sexual encounters—and concluded that Kozinski was unlikely to face impeachment or meaningful …
Expert Report Of Catherine Smith, J.D.: Juliana V. United States,
2018
Washington and Lee University School of Law
Expert Report Of Catherine Smith, J.D.: Juliana V. United States, Catherine Smith
Scholarly Articles
The Founders created the architecture for the rights of children to self-determination and protection from the sins of their forebears. A central tenet of our democracy is that government, including these federal defendants, should not deprive children (the next generation) of the foundational elements of their lives, liberties or property and should not impose hardships on them for matters of which they have no control. This historical tradition and intent of the Founders of our nation has not always been realized, but has evolved over time as our society gains new insights and understandings of children and our notions of …
The Economic Justice Imperative For Lawyers In Trump Country,
2018
American University Washington College of Law
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
Scholarly Articles in Law Reviews & Journals
This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …
The Ongoing Challenge To Define Free Speech,
2018
American University Washington College of Law
The Ongoing Challenge To Define Free Speech, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Sex Harassment Training Must Change: The Case For Legal Incentives For Transformative Education And Prevention,
2018
California Western School of Law
Sex Harassment Training Must Change: The Case For Legal Incentives For Transformative Education And Prevention, Susan Bisom-Rapp
Faculty Scholarship
In the wake of the #MeToo moment, employers, legislators, and human resources professionals have defaulted to a familiar solution to what seems like an epidemic of workplace harassment: mandatory sex harassment training. The chosen antidote, however, begs an important question that this author posed over 15 years ago: Does sex harassment training actually prevent harassment? My review of the social science research in 2001 revealed no convincing evidence that sex harassment training curbs harassment. In fact, the scant research available indicated that training, as typically conducted in American workplaces, may backfire, triggering stereotypes about women and people of color, and …
Accommodating Bias In The Sharing Economy,
2018
Brooklyn Law School
Accommodating Bias In The Sharing Economy, Norrinda Brown Hayat
Brooklyn Law Review
The “sharing economy” is not equally accessible to all. The sharing economy’s travel accommodations giant, Airbnb, illustrates this problem. At least one study has found that requests on Airbnb from guests with distinctively African-American names are approximately 16 percent less likely to be accepted than identical guests with distinctively white names. Some Airbnb “hosts,” including hosts that list multiple units, insist that they are not subject to civil rights laws relying on First Amendment jurisprudence, property law and business justifications for support. These arguments are identical to arguments raised and ultimately dismissed in opposition to blacks’ right to travel prior …
Foreword,
2018
Fordham University School of Law
Foreword, Robin A. Lenhardt, Tanya K. Hernandez, Kimani Paul-Emile
Fordham Law Review
This Foreword provides an overview of Fifty Years of Loving v. Virginia and the Continued Pursuit of Racial Equality, a symposium hosted by the Fordham Law Review and cosponsored by the Fordham Law School Center on Race, Law & Justice. Even fifty years later, Loving provides ample foundation for an inquiry into the operation of race and racial inequality in the United States, which touches on the queries outlined above, as well as many others. In our view, a symposium focused on Loving makes a significant contribution by deepening scholarly analysis of that decision and by explicating the kinds of …
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System,
2018
FordhamUniversity School of Law
Loving Lessons: White Supremacy, Loving V. Virginia, And Disproportionality In The Child Welfare System, Leah A. Hill
Fordham Law Review
Part I of this Article introduces a brief discussion of the history of antimiscegenation laws and, specifically, their prevalence in the Commonwealth of Virginia during the 1950s. Next, Part II sets forth a short commentary about the Lovings’ triumph over antimiscegenation. Part III then details the Lovings’ judicial hurdles against the state, which argued that its antimiscegenation laws were enacted, in part, to prevent child abuse and thus served legitimate state interests. Part IV argues that the remnants of the white supremacist ideology at the center of Loving appear in our modern child welfare system, which has long been plagued …
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?",
2018
Butler University
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Smith
Scholarship and Professional Work - LAS
No abstract provided.
Reassessing American Democracy: The Enduring Challenge Of Racial Exclusion,
2018
Loyola University New Orleans College of Law
Reassessing American Democracy: The Enduring Challenge Of Racial Exclusion, Johanna Kalb, Didi Kuo
Michigan Law Review Online
American democracy is in trouble. Since the 2016 election, a sizable literature has developed that focuses on diagnosing and assessing the state of American democracy, most of which concludes that our system of government is in decline.[2] These authors point to the rise in party polarization, the increasingly bipartisan abandonment of the norms of the democratic process, the rise of populism, the degradation of the public sphere, and the proliferation of gerrymandered districts and voting restrictions to illustrate the breakdown. And while attributing varying levels of significance to these factors, a common theme is that American democracy, once stable, is …
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra,
2018
Indiana University Maurer School of Law
Race And Representation Revisited: The New Racial Gerrymandering Cases And Section 2 Of The Vra, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
This article explores the Supreme Court's new racial gerrymandering cases and argue that those cases are on a collision course with Section 2 of the VRA. We revisit the Shaw line of cases and explain that the Shaw cases were more sympathetic to the representational rights of voters of color than are the new racial gerrymandering cases. This is primarily because the Shaw cases made room within the doctrine for the state to pursue descriptive representation for voters of color. We argue that new racial gerrymandering cases are inimical to descriptive representation. To the extent that voting rights scholars and …
