Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022).,
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022)., Keith Lefevre
Roger Williams University Law Review
No abstract provided.
Educating Judges & Advancing Inclusion: The Evolution Of Gendered Language In U.S. Courts,
2023
Professor of Legal Practice at Roger Williams University School of Law
Educating Judges & Advancing Inclusion: The Evolution Of Gendered Language In U.S. Courts, Sarah Mcconnell
Roger Williams University Law Review
No abstract provided.
In Re. J.T., 252 A.3d 1276 (R.I. 2021).,
2023
Candidate for Juris Doctor, Roger Williams University School of Law
In Re. J.T., 252 A.3d 1276 (R.I. 2021)., Pia Piscitelli
Roger Williams University Law Review
No abstract provided.
Brief Amici Curiae Legal Scholars Of Sex And Gender In Support Of Plaintiff-Appellant,
2023
University of Kansas - School of Law
Brief Amici Curiae Legal Scholars Of Sex And Gender In Support Of Plaintiff-Appellant, Kyle Velte, Ezra Young, Jeremiah A. Ho, M. Dru Levasseur, Nancy C. Marcus, Dara E. Purvis, Eliot Tracz, Ann E. Tweedy
All Faculty Scholarship
This amicus brief was filed in Griffith v. El Paso County, Colorado, case no. 23-1135 (10th Circuit) in support of appellant Darlene Griffith. Amici curiae are legal scholars of sex and gender. They offer expertise in their personal capacities to assist the Court of Appeals for the Tenth Circuit in assessing whether the El Paso County Sheriff officials violated Ms. Griffith’s Fourteenth Amendment right to equal protection when they refused to house Ms. Griffith, a transgender woman, in the women's unit of the El Paso County Jail as a pretrial detainee.
Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment,
2023
University of Denver Department of Media, Film and Journalism Studies; University of Denver Sturm College of Law
Protecting A Real Or Imagined Past: Justice Samuel Alito And The First Amendment, Derigan Silver, Dan V. Kozlowski
All Faculty Scholarship
This article examines the First Amendment jurisprudence of Justice Samuel Alito. In this article, we argue that the principles behind his decision-making are not always necessarily traditional methods of constitutional analysis, and litigants should understand the frames and lenses Alito uses to make decisions when making their arguments to him. The article concludes with a discussion of Alito’s overall approach to the law and some thoughts on how he is attempting to reshape the First Amendment. We write that, above all, it is clear he is seeking to protect a real or imagined past that, in his mind, is under …
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment,
2023
University of Richmond - School of Law
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
Law Student Publications
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
A Child’S Constitutional Right To Family Integrity And Counsel In Dependency Proceedings,
2023
Emory University School of Law
A Child’S Constitutional Right To Family Integrity And Counsel In Dependency Proceedings, Rachel Kennedy
Emory Law Journal
Since the child welfare system’s inception, abuse and neglect laws have conflated poverty-related neglect with active parental violence and willful neglect. The ensuing state surveillance has disproportionately harmed poor children and children of color. Pursuant to the state’s expansive parens patriae authority, countless families are investigated, and thousands of children are separated from their caretakers each year—only to be returned within days or weeks after a finding that the reasons for removal were unsubstantiated. Other children risk drifting in foster care limbo until they experience the termination of parental rights—an adjudication so severe that some courts call it the “civil …
Contempt Power And The United States Courts,
2023
Mitchell Hamline School of Law
Contempt Power And The United States Courts, Joshua Carback
Mitchell Hamline Law Journal of Public Policy and Practice
Contempt power is one of the most important legacies of English common law in federal common law. Substantively, the contempt power of the United States Courts is relatively similar to that employed by the Court of King’s Bench in the eighteenth century. Procedurally, however, it is quite different. The Rules Enabling Act of 1934 created an interbranch framework for crafting procedural rules for the United States Courts. All three branches of the federal government collaborated under that framework with the intention of rationalizing, systemizing, and delimiting the boundaries of contempt power. The culmination of decades of strenuous rulemaking, unfortunately, was …
Mandatory Child Custody Mediation: A Call On California To Protect Domestic Violence Survivors,
2023
The University of San Francisco
Mandatory Child Custody Mediation: A Call On California To Protect Domestic Violence Survivors, Anne M. Sidwell
University of San Francisco Law Review
No abstract provided.
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals,
2023
University of Missouri School of Law
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John Lande
Cardozo Journal of Conflict Resolution
No abstract provided.
Beyond Problem-Solving Courts,
2023
University of Richmond School of Law
Beyond Problem-Solving Courts, Erin R. Collins
Cardozo Journal of Conflict Resolution
Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation,
2023
Seattle University School of Law
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism,
2023
Seattle University School of Law
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People,
2023
Seattle University School of Law
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
The Paradox Of Juridical Secularism: An Illustration Through The Cases Of Sabarimala And Hijab,
2023
Lawyer and Researcher
The Paradox Of Juridical Secularism: An Illustration Through The Cases Of Sabarimala And Hijab, Sukriti .
National Law School Journal
Secularism in India was imagined in cognisance of religion's entrenchment in the public life of the country as well as in people’s identities. This form of secularism was made possible within the Constitution of India through a broad framing of religious freedoms that was limited by statist concerns such as public order, morality, and health. In the face of rising majoritarianism, secular values are under serious challenge, impacting the right to religious freedom and expression. In the face of this challenge, this article assesses the judiciary’s engagement with religion on issues of discrimination against women. The article contends that the …
Theorizing Corroboration,
2023
Fordham University School of Law
Theorizing Corroboration, Maggie Wittlin
Faculty Scholarship
A child makes an out-of-court statement accusing an adult of abuse. That statement is important proof, but it also presents serious reliability concerns. When deciding whether it is sufficiently reliable to be admitted, should a court consider whether the child’s statement is corroborated—whether, for example, there is medical evidence of abuse? More broadly, should courts consider corroboration when deciding whether evidence is reliable enough to be admitted at trial? Judges, rule-makers, and scholars have taken significantly divergent approaches to this question and come to different conclusions.
This Article argues that there is a key problem with using corroboration to evaluate …
Towards A Monist Constitutional Ideology? In Re: Article 370 Of The Constitution, Subordination Of Jammu And Kashmir, And The Supra-Constitutional Presidential Power,
2023
University of Oxford
Towards A Monist Constitutional Ideology? In Re: Article 370 Of The Constitution, Subordination Of Jammu And Kashmir, And The Supra-Constitutional Presidential Power, Zaid Deva
National Law School Journal
This case comment shows how the fascination for a certain form of a monist constitutional order, first articulated by the opposition during the Nehru years, was institutionalised in the form of a judicial discourse, culminating in the Article 370 judgement. At the heart of this discourse lay two imaginaries: (i) a subordinated Jammu and Kashmir (J&K) and (ii) an unbounded or supra-constitutional power vested in the Indian president to deal with J&K, freed of the express conditions precedent laid down in the proviso to Clause 3 of Article 370. In this case comment, I trace the continuities between these monist …
"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff,
2023
National Center for State Courts
"How Exactly Does It Get Done Here?" Conducting Cross-Jurisdictional Research With Judges And Court Staff, Paula Hannaford-Agor
Faculty Publications
The legal, political, and organizational environment in which judges and court staff work affects their performance in significant ways. To ensure that researchers control for these effects, it is critical that they take sufficient time in the research design phase to identify relevant factors that might complicate their analyses or distort the interpretation of research findings. This article highlights common challenges of multijurisdictional research, including inconsistent use of terminology, differing organizational structures and procedures, and exogenous factors such as court governance, policymaking authority, funding, and local court culture. It also offers guidance to researchers on identifying and integrating these factors …
Sounds Of Silence: A Thematic Analysis Of Victim Impact Statements,
2023
Hebrew University of Jerusalem
Sounds Of Silence: A Thematic Analysis Of Victim Impact Statements, Tali Gal, Ruthy Lowenstein Lazar
Lewis & Clark Law Review
The Victim Impact Statement (VIS) is a legal document that crime victims submit to the court as part of the sentencing stage, informing the court about the harms they have suffered. The VIS enhances victims’ sense of procedural justice, voice, and inclusion in the process, as well as their overall wellbeing. At the same time, their use raises concern about defendants’ due process rights. The Article argues that VISs make a novel contribution to the criminal proceeding, beyond their formal goals of providing information to the court about the impact of the crime on its victims. Using a thematic analysis …
