A Hurdle Too High: The Unconstitutionality Of Mandatory Ultrasounds Under Casey's Undue Burden Standard,
2016
Yeshiva University, Cardozo School of Law
A Hurdle Too High: The Unconstitutionality Of Mandatory Ultrasounds Under Casey's Undue Burden Standard, Katarzyna Kordas
Cardozo Journal of Equal Rights & Social Justice
The article argues that mandatory ultrasound laws impose an undue burden on women seeking abortions, violating the constitutional standard established in Planned Parenthood v. Casey. These laws, often enacted to dissuade women from proceeding with abortions, are deemed medically unnecessary and unconstitutional as they obstruct women's reproductive rights.
My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii,
2016
University of Georgia's Terry College of Business
My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison
Cardozo Journal of Equal Rights & Social Justice
This article argues that workplace discrimination based on hair grooming policies disproportionately impacts African American women. The article seeks to establish that natural hair is an immutable characteristic, as is all hair, made mutable by social policies that impose an "acceptable" standard of beauty that was never meant to include or reflect black women. Often placed under workplace or other institutional grooming policies, the article posits that these policies are no more than a continuation of race-based policies that reflect unlawful stereotyping under Title VII and should be eliminated. Lastly, the article proposes a set of questions that test the …
Property's Immortality,
2016
College of Law & Business (CLB)
Property's Immortality, Shelly Kreiczer-Levy
Cardozo Journal of Equal Rights & Social Justice
The law ofpost most-mortem transfers assumes an autonomous individual, free to will their property as they see fit. This Article offers a relational critique of this legal reality, and highlights the implications ofsuch a critique for gender equality. Although property's role in supporting relationships and facilitating cooperation has long been celebrated, post-mortem transfers pose a challenge to relational legal theory. It is commonly held that death puts a stop to all relationships and defies all relational commitments. This Article builds on a different perception of death, and argues that the need to transcend mortality is profoundly relational. Property-related projects can …
Why Law Matters,
2016
University of Washington School of Law
Why Law Matters, Kellye Y. Testy
Articles
Presidential address given at the Association of American Law Schools annual meeting, Jan. 9, 2016.
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement,
2016
American University Washington College of Law
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq.
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population,
2016
American University Washington College of Law
The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Patient Protection And Affordable Care Act And Choice In Childbirth: How The Aca's Nondiscrimination Provisions May Change The Legal Landscape Of Childbirth,
2016
American University Washington College of Law
The Patient Protection And Affordable Care Act And Choice In Childbirth: How The Aca's Nondiscrimination Provisions May Change The Legal Landscape Of Childbirth, Caitlin Mccartney
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement,
2016
American University Washington College of Law
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?,
2016
American University Washington College of Law
Mandatory Restitution For Enticing A Minor For Sexual Purposes: Additional Punishment Or Compensation For The Victim?, Myra S. Reyes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Investigative Inadequacies Or Investigative Corruption? Exploring The Role Of Police Misconduct Within Canadian Wrongful Conviction Cases,
2016
Wilfrid Laurier University
Investigative Inadequacies Or Investigative Corruption? Exploring The Role Of Police Misconduct Within Canadian Wrongful Conviction Cases, Michelle L. Lovegrove
Theses and Dissertations (Comprehensive)
The phenomenon of wrongful convictions has begun to attract the attention of the public and scholars alike within the past few decades. However, despite this recent fixation the issue of wrongful convictions is not new, as research on the subject dates back to 1932 with the work of Edwin Borchard. Most of the research on the subject of wrongful convictions has focused largely on identifying the factors that contribute to these injustices. For the most part academics are in agreement when it comes to the causes of wrongful convictions, which include, eyewitness misidentification, false confessions, police & prosecutor misconduct, use …
Race And Reform In Twenty-First Century America: Foreword,
2016
Boston University School of Law
Race And Reform In Twenty-First Century America: Foreword, Trina Jones, Guy-Uriel Charles, Angela Onwuachi-Willig
Faculty Scholarship
In November 2015, approximately two hundred activists, academics, and students from across the United States convened at Duke University School of Law for a conference entitled The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America. Planning for the conference had commenced a year earlier, in the fall of 2014. At that time, the nation was reeling from the deaths of Rekia Boyd, Eric Garner, John Crawford III, and Michael Brown, among others. In addition to the killing of these unarmed Black men and women by law enforcement personnel, many people, particularly within the civil …
Guns And Drugs,
2016
Washington University in St. Louis School of Law
Guns And Drugs, Benjamin Levin
Scholarship@WashULaw
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …
Criminal Labor Law,
2016
Washington University in St. Louis School of Law
Criminal Labor Law, Benjamin Levin
Scholarship@WashULaw
This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …
Law, Religion, And The Purpose Of The University,
2016
Washington University in St. Louis School of Law
Law, Religion, And The Purpose Of The University, John D. Inazu
Scholarship@WashULaw
This brief essay explores the relationship between law, religion, and the university. Religion asks the fundamental questions of human existence. Law is the means through which we impose our beliefs on our fellow citizens. The particulars of law and religion expose the differences among us. We respond to those differences with chaos, control, or coexistence. Coexistence requires tolerance, humility, and patience, and it requires institutions to habituate these practices within us. It is not clear that this country presently has such institutions, but if we are discover them among us, the university is one possible contender. The people, place, and …
What Are Tax Havens And Why Are They Bad?,
2016
Washington University in St. Louis School of Law
What Are Tax Havens And Why Are They Bad?, Conor Clarke
Scholarship@WashULaw
This essay reviews Gabriel Zucman's The Hidden Wealth of Nations: The Scourge of Tax Havens. Zucman's important new book brings clarity to a confusing subject -- but occasionally does so at the expense of nuance. My review has three goals. First, I summarize and appraise Zucman's central findings, and re-estimate his revenue-loss totals for the United States using tax-rate assumptions that I believe are more realistic. Second, I position Zucman's findings against the backdrop of the wider literatures on tax havens and inequality, and attempt to answer the two questions in this essay's title. Third, I comment on Zucman's call …
One Last Word On The Blackstone Principle,
2016
Washington University in St. Louis School of Law
One Last Word On The Blackstone Principle, Daniel Epps
Scholarship@WashULaw
In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …
Race, Class, And Access To Civil Justice,
2016
Duke Law School
Race, Class, And Access To Civil Justice, Sara Sternberg Greene
Faculty Scholarship
After many years of inattention, policymakers are now focused on troubling statistics indicating that members of poor and minority groups are less likely than their higher-income counterparts to seek help when they experience a civil justice problem. Indeed, roughly three-quarters of the poor do not seek legal help when they experience a civil justice problem, and inaction is even more pronounced among poor blacks. Past work on access to civil justice largely relies on unconfirmed assumptions about the behavior patterns and needs of those experiencing civil justice problems. At a time when increased attention and resources are being devoted to …
(Mis)Recognizing Polygamy,
2016
Duke Law School
Can Dna Be Speech?,
2016
Touro College Jacob D. Fuchsberg Law Center
Can Dna Be Speech?, Jorge R. Roig
Scholarly Works
DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …
Taking Dignity Seriously: Excavating The Backdrop Of The Eighth Amendment,
2016
Southern Methodist University, Dedman School of Law
Taking Dignity Seriously: Excavating The Backdrop Of The Eighth Amendment, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The U.S. punishment system is in turmoil. We have a historically unprecedented number of offenders in prison, and our prisoners are serving longer sentences than in any other country. States are surreptitiously experimenting with formulas for lethal injection cocktails, and some prisoners are suffering from botched executions. Despite this tumult, the Eighth Amendment of our Constitution does place limits on the punishments that may be imposed and how they may be implemented. The difficulty, though, is that the Supreme Court’s Eighth Amendment jurisprudence is a bit of a mess. The Court has been consistent in stating that a focus on …
