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Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …


Scotus Denies Review In Gay Rights Case, Arthur S. Leonard 2017 New York Law School

Scotus Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Reinvigorating Commonality: Gender & Class Actions, Brooke D. Coleman, Elizabeth G. Porter 2017 Seattle University School of Law

Reinvigorating Commonality: Gender & Class Actions, Brooke D. Coleman, Elizabeth G. Porter

Faculty Articles

The modern class action, the modern feminist movement, and Title VII of the Civil Rights Act of 1964 were all products of the creativity and turmoil of the 1960s. As late as 1961 — one year after Justice Felix Frankfurter rejected new law school graduate Ruth Bader Ginsburg as a law clerk because she was a woman — the Supreme Court unanimously upheld the constitutionality of a Florida statute that required men, but not women, to serve on juries, on the ground that women’s primary role was in the home. As Betty Friedan put it in 1963’s The Feminine Mystique, …


Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis 2017 Western New England University School of Law

Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis

Faculty Scholarship

As a matter of civil rights, Title IX mandates that federally funded educational institutions address reports of sexual assault. Often disciplined-student plaintiffs argue unsuccessfully that the college or university’s decision to discipline them is tainted by “reverse” sex discrimination. This Article examines the recent spate of disciplined-student cases in an effort to harmonize Title IX compliance with the procedural rights of students accused of sexual assault. It provides a historical context for Title IX’s application to sexual assault on campuses and the requirements the law imposes on the educational institutions. Next, it describes the role Title IX plays in disciplined-student …


The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges 2017 Boston University School of Law

The Deserving Poor, The Undeserving Poor, And Class-Based Affirmative Action, Khiara M. Bridges

Faculty Scholarship

This Article is a critique of class-based affirmative action. It begins by observing that many professed politically conservative individuals have championed class-based affirmative action. However, it observes that political conservatism is not typically identified as an ideology that generally approves of improving the poor’s well-being through the means that class-based affirmative action employs — that is, through redistributing wealth by taking wealth from a wealthy individual and giving it directly to a poor person. This is precisely what class-based affirmative action does: it takes a seat in an incoming class (a species of wealth) from a wealthy individual and gives …


Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias 2017 Brooklyn Law School

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias

Journal of Law and Policy

Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …


Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader 2017 University of Richmond

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

Law Student Publications

Grade-school and college playing fields have long been segregated on the basis of sex. For decades, male and female students were afforded the opportunity to participate in interscholastic athletic competitions on teams determined by their biological gender. Recently, “an increasing number of high school- and college-aged [students are publicly] identifying as transgender (or trans), meaning that their internal sense of their gender identity is different from the gender they were assigned at birth.” The emergence of openly transgender students in grade schools and colleges, in general, has resulted in vastly disparate rules promulgated by school districts to address how transgender …


Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey 2017 University of Richmond

Private Right Of Action Jurisprudence In Healthcare Discrimination Cases, Allison M. Tinsey

Law Student Publications

Section 1557 of the Affordable Care Act provides that entities covered by the Act which receive federal funds are prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. But since the provision’s enactment and the U.S. Department of Health and Human Services’ promulgation of a regulation creating a private right of action for alleged discrimination under the Act, courts have disagreed on whether a private right of action exists to enforce Section 1557. This Comment summarizes the courts’ confusion in applying the holding of Alexander v. Sandoval and Chevron deference to the nondiscrimination provision …


Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein 2017 University of Richmond

Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein

Law Student Publications

This paper analyzes the way variations in charter-enabling legislation may exacerbate segregation and how federal and state reforms could better utilize the charter system to further integration. Part I discusses the history of school choice and the social science underlying its potential as a vehicle for integration as well as further segregation. Part II reviews research on charter school demographics and the effectiveness of relevant civil rights statutes. Part III analyzes themes in local charter legislation that can influence charter school segregation by limiting accessibility for low income families and students with disabilities. Finally, Part IV offers recommendations for policy …


Rehabilitate, Don't Recidivate: A Reframing Of The Ban The Box Debate, Jacqueline G. Kelley 2017 Rhode Island Department of Administration

Rehabilitate, Don't Recidivate: A Reframing Of The Ban The Box Debate, Jacqueline G. Kelley

Roger Williams University Law Review

No abstract provided.


Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School of Law 2017 Roger Williams University

Martin Luther King, Jr. Celebration Keynote Speaker: Don Graves, Deputy Assistant To President Obama And Counselor To Vice President Biden: January 24, 2017, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Table Of Contents, Public Interest Law Reporter 2017 Loyola University Chicago, School of Law

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish 2017 Loyola University Chicago, School of Law

Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish

Public Interest Law Reporter

No abstract provided.


Reproductive Healthcare Under A New Administration, Alexandra Lehr 2017 Loyola University Chicago, School of Law

Reproductive Healthcare Under A New Administration, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.


Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska 2017 Loyola University Chicago, School of Law

Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.


"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl 2017 Loyola University Chicago, School of Law

"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.


Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan 2017 Loyola University Chicago, School of Law

Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan

Public Interest Law Reporter

No abstract provided.


The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic 2017 Loyola University Chicago, School of Law

The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part two of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau ("CFPB") have solved predatory lending and ended the possibility of another subprime debacle. Part one covered how predatory lending harmed minority, low-income, and immigrant communities, and was a main cause of the 2008 economic collapse. Part two will show how the CFPB was built to stop and prevent predatory lending and another subprime debacle. The enactment and implementation of Dodd-Frank and the CFPB have improved the mortgage market. However, politicians and lawmakers, notably President Donald Trump …


Table Of Contents, Public Interest Law Reporter 2017 Loyola University Chicago, School of Law

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin 2017 Loyola University Chicago, School of Law

Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin

Public Interest Law Reporter

No abstract provided.


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