Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line,
2016
St. Mary's University School of Law
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick
St. Mary's Law Journal
Obergefell v. Hodges, a United States Supreme Court case, added more fuel to the fire, leaving many to wonder how to voice religious opposition to same-sex marriages, and what are the second order effects for religious opposition in light of the new rule. The Court held the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution guarantees protection against discrimination based on sexual orientation. Obergefell, brings the conflict between freedom of religion and LGBT rights to a new level by questioning how far freedom of religion can be used to refuse anti-discrimination statutes regarding sexual …
Feminism In The Age Of Trump,
2016
North Star Fund
Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini
Cardozo Journal of Equal Rights & Social Justice
The symposium explores the challenges and opportunities for advancing gender equality through legal reforms, particularly focusing on the Equal Rights Amendment (ERA) and the intersectionality of women's rights with other social justice movements. It emphasizes the need for a more inclusive and systemic approach to addressing gender inequalities, highlighting both the historical struggles within the feminist movement and the contemporary barriers to achieving substantive equality. The discussion underscores the importance of constitutional and legislative reforms, such as the ratification of the ERA, to address ongoing disparities in pay, representation, and access to reproductive rights.
Fighting Over The Conservative Banner,
2016
Roger Williams University School of Law
Fighting Over The Conservative Banner, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Siri-Ously? Free Speech Rights And Artificial Intelligence,
2016
University of Arizona James E. Rogers College of Law
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Publications
Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …
Protest Is Different,
2016
Vermont Law School
Protest Is Different, Jessica L. West
University of Richmond Law Review
No abstract provided.
The Law And Politics Of Firearms Regulation In Reconstruction Texas,
2016
Texas A&M University School of Law
The Law And Politics Of Firearms Regulation In Reconstruction Texas, Mark Anthony Frassetto
Texas A&M Law Review
In District of Columbia v. Heller, Justice Scalia instructed that the historical understanding of the right to keep and bear arms should inform our present day understanding of the Second Amendment. This means an accurate accounting of the history of firearms regulation is essential for understanding the scope of the Second Amendment. The current state of scholarship on Second Amendment history paints post-Civil War firearms regulations as racist efforts by Southern states to prevent blacks from defending themselves against racial violence. This reading distorts the historical record by ignoring the actors responsible for numerous gun laws across the former Confederacy. …
Political Decision-Making At The National Labor Relations Board: An Empirical Examination Of The Board's Unfair Labor Practice Disputes Through The Clinton And Bush Ii Years,
2016
University at Buffalo School of Law
Political Decision-Making At The National Labor Relations Board: An Empirical Examination Of The Board's Unfair Labor Practice Disputes Through The Clinton And Bush Ii Years, Amy Semet
Journal Articles
Does partisan ideology influence the voting of members of multi-member adjudicatory bodies at “independent agencies”? In studying the federal circuit courts of appeals, scholars have found that results of cases vary depending upon the partisan composition of the particular panel hearing a case. Few scholars to date, however, have systematically studied whether partisan panel effects occur in administrative adjudication. In this Article, I explore the impact that partisan ideology and panel composition have on the vote choices of an administrative agency rumored to be one of the most partisan: the National Labor Relations Board (“NLRB”). Employing an original dataset of …
A New Proposal To Address Local Voting Discrimination,
2016
Princeton University
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions,
2016
University of Nevada
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan
University of Richmond Law Review
No abstract provided.
Mark D. Kielsgard, Responding To Modern Genocide: At The Confluence Of Law And Politics,
2016
St. Thomas University
Mark D. Kielsgard, Responding To Modern Genocide: At The Confluence Of Law And Politics, Roza Pati
Intercultural Human Rights Law Review
This essay is a book review of Responding to Modern Genocide: At the Confluence of Law and Politics by Mark D. Kielsgard.
A Closer Look At Ncmp, Elected President Reforms,
2016
Singapore Management University
A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.
Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples,
2016
Wilfrid Laurier University
Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith
Theses and Dissertations (Comprehensive)
Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …
Representation On The Courts? The Effects Of Trial Judges' Sex And Race,
2016
Washington University in St. Louis School of Law
Representation On The Courts? The Effects Of Trial Judges' Sex And Race, Christina L. Boyd
Scholarship@WashULaw
Scholars have long sought to resolve whether and to what degree political actor diversity influences the outputs of political institutions like legislatures, administrative agencies, and courts. When it comes to the judiciary, diverse judges may greatly affect outcomes. Despite this potential, no consensus exists for whether judicial diversity affects behavior in trial courts -- i.e., the stage where the vast majority of litigants interact with the judicial branch. After addressing the research design limitations in previous trial court-diversity studies, the statistical results here indicate that a trial judge's sex and race have very large effects on his or her decision …
The Comparative Outputs Of Magistrate Judges,
2016
Washington University in St. Louis School of Law
The Comparative Outputs Of Magistrate Judges, Christina L. Boyd
Scholarship@WashULaw
Do federal magistrate judges make different decisions and produce distinct judicial outputs from district judges? To provide initial empirical evidence on this question, this study utilizes federal district court data covering issue areas including employment discrimination, broader civil rights, intellectual-property rights, and personal-injury torts. The data indicate that magistrate judges are actively involved in civil cases, with as many as sixty-seven percent of cases having one or more magistrate judges serving in some role. These magistrate judges commonly preside over settlement conferences, decide discovery motions, issue reports and recommendations on dispositive motions, preside over status, management, and scheduling conferences, and …
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring,
2016
Osgoode Hall Law School of York University
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel
Osgoode Hall Law Journal
In the wake of the Egyptian military coup of 3 July 2013, much commentary has focused on the religious-secular divide in Egypt as the principal division that laid the groundwork for the subsequent coup. Less attention has been paid to the profound divisions within religiously-minded Egyptian political actors regarding whether democratic or authoritarian government is more desirable from a religious perspective. This article explores the division between Islamist supporters of a “republican” conception of a modern Muslim constitutional and religious order, and Islamist supporters of an “authoritarian” conception of constitutional government in alliance with a state-supported religious establishment. The article …
International Stalemate: The Need For A Structural Revamp Of The U.N. Security Council,
2016
Benjamin N. Cardozo School of Law
International Stalemate: The Need For A Structural Revamp Of The U.N. Security Council, Jessica Elbaz
Cardozo Public Law, Policy & Ethics Journal
The note advocates for urgent reform of the United Nations Security Council (UNSC), focusing on abolishing the veto power of the five permanent members (P5) and expanding membership to improve representation and efficiency. It argues that the current structure often leads to gridlock, hindering effective action on global crises, and proposes replacing the veto with a composite majority voting system. The analysis emphasizes the need for reforms to address modern challenges, ensure timely interventions, and prevent violations of the UN Charter’s principles of peace and security.
Making Sense Of Legislative Standing,
2016
University of Georgia School of Law
Making Sense Of Legislative Standing, Matthew I. Hall
Scholarly Works
Legislative standing doctrine is neglected and under-theorized. There has always been a wide range of opinions on the Supreme Court about the proper contours of legislative standing doctrine and even about whether the Court should adjudicate disputes between the other two branches at all. Perhaps owing to these disagreements, the full Court has never articulated a clear vision of the doctrine. While the Court has managed to resolve some cases, it has not achieved the consensus necessary to provide a comprehensive and coherent account of critical doctrinal issues such as what type of injury can give rise to legislative standing …
Sins Of Omission: Abstention In Democratic Institutions,
2016
Southern Methodist University, Dedman School of Law
Sins Of Omission: Abstention In Democratic Institutions, Grant M. Hayden
Faculty Journal Articles and Book Chapters
Assumptions regarding the effect of an abstention guide the theory and practice of abstention across the full range of democratic decisionmaking. Sometimes, however, these assumptions are false, and may prevent voters from achieving their objectives. This Article examines the effect that abstention has under common voting procedures, dispelling many assumptions that voters make about the effect of an abstention.
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority,
2016
Brooklyn Law School
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge
Brooklyn Journal of International Law
Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a repulsion of …
A Tribute To Judge Kaye,
2016
Brooklyn Law School
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
