Breaking Down Bias: Legal Mandates Vs. Corporate Interests,
2017
Georgetown University Law Center
Breaking Down Bias: Legal Mandates Vs. Corporate Interests, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
Bias and discrimination continue to limit opportunities and outcomes for racial minorities in American institutions in the twenty-first century. The diversity rationale, touting the broad benefits of inclusion, has become widely accepted by corporate employers, courts, and universities. At the same time, many view a focus on antidiscrimination law and the threat of legal enforcement as outmoded and ineffective. Thus, many organizations talk less in terms of the mandates of laws such as the 1964 Civil Rights Act, or a “legal case,” and more in terms of a “business case” where benefits of inclusion seem to accrue to everyone. It …
Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment,
2017
University of Georgia School of Law
Trans-Lating The Eighth Amendment Standard: The First Circuit's Denial Of A Transgender Prisoner's Constitutional Right To Medical Treatment, Bethany L. Edmondson
Georgia Law Review
In December of 2014, the First Circuit Court of Appeals
held, en banc, that the Massachusetts Department of
Corrections was not constitutionally obligated to provide
Michelle Kosilek, a transgender prisoner, with sexual
reassignment surgery. Kosilek sued the prison, arguing
that her Eighth Amendment rights against cruel and
unusual punishment were violated. The First Circuit held
that Kosilek did not have a serious medical need, due to
the prison's alternative treatment, and that the prison was
not deliberately indifferent to that need. This Note argues
that the First Circuit erred in applying the "serious
medical need" prong of the cruel and …
"Where Can I Go?": Excessiveness Of The Geographical Restraints Imposed By The Sexual Assault Reform Act In Urban Neighborhoods,
2017
Touro University Jacob D. Fuchsberg Law Center
"Where Can I Go?": Excessiveness Of The Geographical Restraints Imposed By The Sexual Assault Reform Act In Urban Neighborhoods, Leslie Anne Mendoza
Touro Law Review
No abstract provided.
"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity,
2017
Touro University Jacob D. Fuchsberg Law Center
"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey
Touro Law Review
No abstract provided.
Boys Will Be Girls, And Girls Will Be Boys: Urging The Supreme Court To Recognize A Transgender Student's Right To Use The Appropriate Facilities In A Federally Funded School,
2017
Touro University Jacob D. Fuchsberg Law Center
Boys Will Be Girls, And Girls Will Be Boys: Urging The Supreme Court To Recognize A Transgender Student's Right To Use The Appropriate Facilities In A Federally Funded School, Dianna Felberbaum
Touro Law Review
No abstract provided.
The Simple Meaning Of Stop Signs: A Response To Professor William Nelson,
2017
touro law center
The Simple Meaning Of Stop Signs: A Response To Professor William Nelson, Dan Subotnik
Touro Law Review
No abstract provided.
Student Surveillance, Racial Inequalities, And Implicit Racial Bias,
2017
University of Florida Levin College of Law
Student Surveillance, Racial Inequalities, And Implicit Racial Bias, Jason P. Nance
UF Law Faculty Publications
In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the so-called “school-to-prison pipeline” by pushing more students out of school and into the juvenile justice system. However, not all students experience the same level of surveillance. This Article presents data on school surveillance practices, including an original empirical analysis of restricted data recently released by the U.S. Department …
Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility,
2017
St. John's University School of Law
Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility, Cheryl L. Wade
Faculty Publications
I begin the essay with an examination of the overlap between corporate governance and corporate social responsibility. After doing so, I explore the notions of corporate personhood and purpose in order to suggest ways to make compliance programs less cosmetic and defensive and more meaningful and effective. I conclude that the decision making that is inherent in corporate governance is an important factor in the corporate social responsibility equation. There is a gap that separates the fulfillment of fiduciary duties (including the installation and upkeep of a compliance program) and best practices. Companies and their managers can win litigation, or …
Immigration Adjudication: The Missing Rule Of Law,
2017
New York Law School
Immigration Adjudication: The Missing Rule Of Law, Lenni B. Benson
Articles & Chapters
No abstract provided.
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases,
2017
New York Law School
Transsexual, Transgender, Trans: Reading Judicial Nomenclature In Title Vii Cases, Kris Franklin, Sarah Chinn
Articles & Chapters
No abstract provided.
The Duty To Charge In Police Use Of Excessive Force Cases,
2017
New York Law School
The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe
Articles & Chapters
Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging the failure to charge in entire classes of cases. Undercharging can similarly undermine theefficacy and legitimacy of the criminal justice system. While few have focused on this question in thedomestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses …
Analyzing Social Impairments Under Title I Of The Americans With Disabilities Act,
2017
American University Washington College of Law
Analyzing Social Impairments Under Title I Of The Americans With Disabilities Act, Susan Carle
Scholarly Articles in Law Reviews & Journals
This Article starts from the important contributions of the neurodiversity movement, which emphasizes the benefits of an expanded view of protecting human difference. These differences include variations in brain structure, behavior, and social functioning. Social impairments are a potential feature of many disabilities covered under the employment antidiscrimination provisions of Title I of the Americans with Disabilities Act ("ADA"), but the legal literature has not yet focused on the analytic issues social impairments present. This Article analyzes how the ADA's employment protections should apply in the social impairments context. Congress's enactment of the Americans with Disabilities Act Amendments ("ADAAA") in …
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children,
2017
Mzumbe University
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya
Dignity: A Journal of Analysis of Exploitation and Violence
Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …
Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs,
2017
Indiana University - Bloomington
Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Clemency And The Administration Of Hope,
2017
University of Richmond
Clemency And The Administration Of Hope, Erin R. Collins
Law Faculty Publications
In 2014, President Obama announced his intention to ‘‘restor[e] fundamental ideals of justice and fairness’’ to the criminal justice system by exercising his executive clemency power to commute sentences of those who had ‘‘already served their time and paid their debt to society.’’ Soon thereafter, the Department of Justice (DOJ) specified six criteria it would use to prioritize applications. The primary targets of these criteria were the casualties of the war on drugs: people sentenced to draconian sentences for nonviolent drug offenses, some of which involved less than a handful of narcotics. Most of these individuals had exhausted any available …
Race, Law & Inequality, Fifty Years After The Civil Rights Era,
2017
New York Law School
Race, Law & Inequality, Fifty Years After The Civil Rights Era, Frank W. Munger
Articles & Chapters
Over the last several decades, law and social science scholars have documented persistent racial inequality in the United States. This review focuses on mechanisms to explain this persistent pattern. We begin with policy making, a mechanism fundamental to all the others. We then examine one particularly important policy, the carceral state, which can be described as the most important policy response to the civil rights era. A significant body of scholarship on employment discrimination presents a site for explaining the transformation of law on the books into the law in action. Finally, we review scholarship on the persistence of segregation …
The Economic Justice Imperative For Transactional Law Clinics,
2017
Columbia Law School
The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin
Faculty Scholarship
The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social justice …
Better Locker Rooms: It’S Not Just A Transgender Thing,
2017
Texas A&M University
Better Locker Rooms: It’S Not Just A Transgender Thing, George B. Cunningham, Erin E. Buzuvis
Faculty Scholarship
No abstract provided.
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi,
2017
Brooklyn Law School
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Journal of Law and Policy
Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption,
2017
Brooklyn Law School
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Journal of Law and Policy
In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …
