Law and Society Commons^™

Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House

Florida A & M University Law Review

This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …

Editorial, Jane L. Ireland, Robert J. Cramer

Community & Environmental Health Faculty Publications

We commence this edition with an invited paper by David DeMatteo, Suraji Wagage, and Jaymes Fairfax-Columbo on cyberstalking. Their paper considers the role of law and public opinion in this rapidly evolving area of study. One of the most interesting findings represents the difference between public opinion and the legal concept of cyberstalking; public opinion does not support the (legal) suggestion that cyberstalking should be considered alongside more general stalking. This reflects a move in the literature more generally that considers cybercrime distinct in many ways from contact offending. Indeed, it parallels considerably with the cyberbullying literature, which some would …

Marriage Equality: The Paralleled Progress Between Public Approval And Supreme Court Decisionmaking, Riley Erin Fredrick

Florida State University Law Review

No abstract provided.

Black And Poor: The Grave Consequences Of Utah V. Strieff, Chanae L. Wood

St. Thomas Law Review

This Comment brings reconciliation between the majority and minority opinions in Strieff by proposing a solution that will uphold Fourth Amendment rights and public safety. Part II explores the Fourth Amendment by tracing the origins of the exclusionary rule, and then discusses the Court's first step in undermining constitutional rights in Terry v. Ohio. Part III discusses the Court's trend of weakening Fourth Amendment rights and provides an in-depth analysis of the impact its most recent Fourth Amendment ruling, Strieff will have on Blacks and lower socioeconomic citizens. Part IV provides a comprehensive solution, suggesting a warrant hierarchy system that …

Prisoners Of The Zip Code: How Single Zip Code Rate-Making Hurts The Public Interest, Ansell Fernandez

St. Thomas Law Review

This comment argues that using socioeconomic data to calculate auto insurance premiums within the boundaries of a single ZIP Code disproportionally increase premiums on low-income households, leading to higher rates of uninsured drivers in these communities. Furthermore, this comment discusses how this rate scheme provides a possible avenue to illegally discriminate based on race, as a direct result of historical racial segregation and recent advances in big data. Part II.A of this comment discusses the recent amendment to the insurance laws of Florida that now allows the use of a single ZIP Code to calculate auto insurance rates. Part II.B …

Twenty-Ninth Annual Corporate Law Center Symposium: Corporate Social Responsibility And The Modern Enterprise: Foreword, Felix B. Chang

Faculty Articles and Other Publications

In December 2015, Facebook founder Mark Zuckerberg and his wife, Priscilla Chan, publicly pledged to give ninety-nine percent of their Facebook shares, then worth over $45 billion, to charitable purposes. As the receptacle for their philanthropy, the couple created a limited liability company. This touched off a flurry of commentary over the merits of limited liability companies (LLCs) versus nonprofit organizations and for-profit social enterprises such as benefit corporations. Anticipating the debates to follow, the Corporate Law Center at the University of Cincinnati College of Law (UC) held its 29th Annual Symposium (the Symposium) on corporate social responsibility and the …

The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi

American University Law Review

No abstract provided.

The Mental Health Of Our National Security: Protecting The Minds That Protect The Homeland, Alan Wehbé

American University National Security Law Brief

No abstract provided.

Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017), Lillian M. Spiess

UIC Law Review

No abstract provided.

Following Finality: Why Capital Punishment Is Collapsing Under Its Own Weight, Corinna Barrett Lain

Law Faculty Publications

Death is different, the adage goes - different in its severity and different in its finality. Death, in its finality, is more than just a punishment. Death is the end of our existence as we know it. It is final in an existential way.

Because death is final in an existential way, the Supreme Court has held that special care is due when the penalty is imposed. We need to get it right. My claim in this chapter is that the constitutional regulation designed to implement that care has led to a series of cascading effects that threaten the …

Diverse Voices: A How-To Guide For Facilitating Inclusiveness In Tech Policy, Lassana Magassa, Meg Young, Batya Friedman

Tech Policy Lab

The importance of creating inclusive policy cannot be overstated. In response to this challenge, the UW Tech Policy Lab (TPL) developed the Diverse Voices method in 2015. The method uses short, targeted conversations about emerging technology with “experiential experts” from under-represented groups to provide feedback on draft tech policy documents. This process works to increase the likelihood that the language in the finalized tech policy document addresses the perspectives and circumstances of broader groups of people— ideally averting injustice and exclusion.

The Ozark National Scenic Riverways And The Sagebrush Rebellion In Missouri, John W. Ragsdale Jr

Faculty Works

This article focuses on the back country-the Ozark National Scenic Riverways (ONSR) and the community around and with the rivers. It begins historically, tracing the origins and courses of stable-state, subsistence agricultural societies in the rugged hills overlooking the Current and Jacks Fork Rivers. It shows that such societies, though autonomous, are vulnerable to outside aggression. War, raiders, in­dustrial timbermen, and modern technology can shatter the environ­mental balance. Dam builders, government land managers, and tour­ism can erode internal sovereignty, custom, and self-esteem. These forces befell the Ozark highlands around the ONSR.

Out of the breakdown of land and economy, and …

Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Teaching And Practicing Community Development Poverty Law: Lawyers And Clients As Trusted Neighborhood Problem Solvers, Susan Bennett, Alicia Alvarez, Louise Howells, Hannah Lieberman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Coming Of Age On $2 A Day, Evicted: What Ced Has To Say To Today's Untethered Poverty, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari Hong

Cardozo Law Review de•novo

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane.

Sexual Violence As An Occupational Hazard And Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak

Faculty Scholarship

Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …

The Community Politics Of Domestic Violence, Deborah M. Weissman

Brooklyn Law Review

Gender violence has long been identified as a crisis of epidemic proportions that defies facile solution. Despite decades of intellectual and practical engagement, law reform, and notwithstanding increased social services and public health interventions, the rates of gender violence have not appreciably declined. The field of domestic violence advocacy is itself in a crisis, and it has been difficult to discern the best way forward. Reliance on the criminal justice system has tended to fracture the domestic violence movement even as it marginalized itself from disenfranchised populations. This article offers a case study of an incident that occurred between the …

A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney

Fordham Law Review

Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …