Backlash And Marriage Equality,
2014
New York Law School
Backlash And Marriage Equality, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying,
2014
New York Law School
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Articles & Chapters
“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor,
2014
University at Buffalo School of Law
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
Journal Articles
No abstract provided.
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana,
2014
St. John's School of Law
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana, Paul F. Kirgis
Cardozo Journal of Conflict Resolution
Ghana is one of the developing world's success stories. The first sub-Saharan colony to gain independence, it is a stable democracy experiencing sustained economic growth. Yet as Ghana reaches for the material gains of participation in modern commercial life, its dual legal systems-the system of customary adjudication by traditional authorities and the formal court systemhave come under increasing pressure. New legal developments have truncated the authority of traditional decision-makers, while an overburdened court system lacks the resources to fill the resulting adjudicative gaps. To solve the problem, Ghana is now experimenting with a system of quasi-public dispute resolution, including contractual …
Theorizing Billable Hours,
2014
University of Arkansas at Little Rock William H. Bowen School of Law
Theorizing Billable Hours, Theresa M. Beiner
Law Faculty Scholarship
This article looks at the ethical and diversity implications of high billable hour requirements. While corporate counsel have increasingly demanded a diverse legal workforce and emphasized the need to lower the costs of outside counsel, law firms have not responded to these concerns in a manner that is producing results. Instead, women continue to drop out of law firm practice at higher rates than their male counterparts and the costs of legal services remain high. High billable hour requirements exacerbate both these problems and have implications as well for ethical lawyering. Using data from a variety of disciplines, the article …
Prosecutor V. Taylor,
2014
University of Miami School of Law
Prosecutor V. Taylor, Charles Chernor Jalloh, David P. Stewart
Articles
No abstract provided.
The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law,
2014
American University Washington College of Law
The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Ending Silence: Demanding Safety From Sexual Assault - Don't Touch Me,
2014
American University Washington College of Law
Ending Silence: Demanding Safety From Sexual Assault - Don't Touch Me, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …
It's Critical: Legal Participatory Action Research,
2014
University of Cincinnati College of Law
It's Critical: Legal Participatory Action Research, Emily M.S. Houh, Kristin Kalsen
Michigan Journal of Race and Law
This Article introduces a method of research that we term “legal participatory action research” or “legal PAR” as a way for legal scholars and activists to put various strands of critical legal theory into practice. Specifically, through the lens of legal PAR, this Article contributes to a rapidly developing legal literature on the “fringe economy” that comprises “alternative lending services” and products, including but not limited to pawnshops, check cashers, payday lenders, direct deposit loans, (tax) refund anticipation loans, and car title loans. As importantly, this article also contributes to the related fields of critical race theory, feminist legal theory, …
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies,
2014
The University of Chicago Law School
The Absence Of Parenting Students’ Rights: How And Why Title Ix Tolerates Discriminatory Attendance Policies, Elizabeth M. Hady
Cardozo Journal of Equal Rights & Social Justice
The article examines the gaps in Title IX protections for parenting students, particularly female students, and highlights how societal stigma and discursive frameworks undermine their rights. It argues that while Title IX prohibits sex discrimination, its implementation often fails to address the unique challenges faced by parenting students, especially mothers, who are disproportionately affected by rigid attendance policies and discriminatory attitudes. The analysis emphasizes the role of "contamination discourse," which stigmatizes teenage mothers as irresponsible and a threat to societal morals, further eroding their legal protections and perpetuating inequality in education.
Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor,
2014
Saint Louis University School of Law
Weather Permitting: Incrementalism, Animus, And The Art Of Forecasting Marriage Equality After U.S. V. Windsor, Jeremiah A. Ho
All Faculty Scholarship
Within LGBT rights, the law is abandoning essentialist approaches toward sexual orientation by incrementally de-regulating restrictions on identity expression of sexual minorities. Simultaneously, same-sex marriages are become increasingly recognized on both state and federal levels. This Article examines the Supreme Court’s recent decision, U.S. v. Windsor, as the latest example of these parallel journeys. By overturning DOMA, Windsor normatively revises the previous incrementalist theory for forecasting marriage equality’s progress studied by William Eskridge, Kees Waaldijk, and Yuval Merin. Windsor also represents a moment where the law is abandoning antigay essentialism by using animus-focused jurisprudence for lifting the discrimination against the …
Back To Basics: Special Domestic Violence Jurisdiction In The Violence Against Women Reactivation Act Of 2013 And The Expansion Of Inherent Tribal Sovereignty,
2014
Benjamin N. Cardozo School of Law
Back To Basics: Special Domestic Violence Jurisdiction In The Violence Against Women Reactivation Act Of 2013 And The Expansion Of Inherent Tribal Sovereignty, Laura C. Sayler
Cardozo Law Review de•novo
Part I of this Note outlines the VAWA Reactivation Act of 2013, as well as the case law that it seeks partially to abrogate. Part II.A examines the delegation and inherent sovereignty theories more closely, and argues that inherent tribal sovereignty is the superior mechanism for validating the Act. Parts II.B, II.C, and II.D review the basic textual authority that should form the foundation of the Court’s analysis, and conclude that this authority supports recognition of inherent tribal sovereignty. Part III addresses counter arguments to this approach, and argues that, in upholding sections 904 and 905, the Court need not …
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries,
2014
Benjamin N. Cardozo School of Law
Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner
Cardozo Journal of Equal Rights & Social Justice
The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.
Fear And Failing In Family Court: Special Immigrant Juvenile Status And The State Court Problem,
2014
Benjamin N. Cardozo School of Law
Fear And Failing In Family Court: Special Immigrant Juvenile Status And The State Court Problem, Jessica R. Pulitzer
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges faced by immigrant children seeking Special Immigrant Juvenile Status (SIJS), highlighting how state family courts' inconsistent application of the law undermines the federal statute's intent to protect vulnerable children. It argues that while SIJS was designed to provide relief to children who have suffered abuse, abandonment, or neglect, procedural and substantive inconsistencies in family court adjudications, particularly in interpreting the "best interests of the child" principle, create barriers for eligible youth. The note advocates for reforms to ensure consistent and fair access to SIJS, emphasizing the need for standardized best interest principles and greater awareness …
Jock Straps Vs. Bra Straps: Is A Battle Of The Sexes Still Necessary? A Surprising Perspective On The Effects Of Title Ix On Male Athletes In The Ncaa,
2014
Benjamin N. Cardozo School of Law
Jock Straps Vs. Bra Straps: Is A Battle Of The Sexes Still Necessary? A Surprising Perspective On The Effects Of Title Ix On Male Athletes In The Ncaa, Alana Berrocal
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion,
2014
Benjamin N. Cardozo School of Law
Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion, Eujean Park
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance,
2014
Benjamin N. Cardozo School of Law
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli
Cardozo Journal of Equal Rights & Social Justice
The note argues that recognizing and clearly defining the human right to water is essential for ensuring equitable access, particularly for women and children, who are disproportionately affected by water scarcity and privatization. It emphasizes that a human rights-based approach to water governance is necessary to prevent conflicts and protect vulnerable populations, as demonstrated by the Cochabamba Water War. This approach, supported by international law, provides a legally binding framework to hold states and corporations accountable for fulfilling the right to water.
One-Off & Off-Hand: Developing An Appropriate Course Of Liability In Threatening Online Mass Communication Events,
2014
Benjamin N. Cardozo School of Law
One-Off & Off-Hand: Developing An Appropriate Course Of Liability In Threatening Online Mass Communication Events, Michael Barrett Zimmerman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Implicit Bias Deserves Our Explicit Attention,
2014
Washington University in St. Louis School of Law
Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood
Scholarship@WashULaw
What are implicit biases? In brief, we all walk around with two sets of attitudes and beliefs: our conscious (explicit) attitudes and our unconscious (implicit) attitudes. Scientists believe that human consciousness takes up approximately 10 percent of our brain activity. That means that for most things, our unconscious mind is doing the work. Implicit biases exist within our unconscious mind. Our brains are bombarded with millions of bits of information every second. To avoid overload, our brains automatically categorize information into schemas that we use to guide us in our everyday living.
Better Late Than Never?,
2014
New York Law School
