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San Antonio Independent School District V. Rodriguez At Fifty: Contingencies, Consequences, And Calls To Action, Martha Minow 2023 Harvard University

San Antonio Independent School District V. Rodriguez At Fifty: Contingencies, Consequences, And Calls To Action, Martha Minow

Loyola University Chicago Law Journal

When the Supreme Court of the United States decided San Antonio Independent School District v. Rodriguez, the Court’s five-to-four decision not only closed the door to federal courts to predominantly Mexican American low-income students seeking constitutional protection against unequal public education; it also rejected claims of federal constitutional right to equal educational opportunity, rebuffed calls for heightened judicial scrutiny of classifications drawn on the basis of wealth or poverty, and let stand unaltered school finance arrangements producing different per pupil expenditures depending solely on where students live. Setbacks though can inspire. Faced with the decision in Rodriguez, advocates …


Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley 2023 Human Rights Campaign

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …


Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching 2023 University of the District of Columbia David A. Clarke School of Law

Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching

Journal Articles

Hate crimes perpetrators select their victims based on the victims’ identity groups. Policies underlying legislation against hate crimes recognize that such crimes inflict greater harm on society than do the same actions committed for non-biased motives. Genocide may be conceptualized as hate crimes writ large; conversely, a new model of hate crimes legislation might be patterned on legal concepts of genocide scaled down to state or local levels. This new recognition could successfully address criticisms from both liberal and conservative factions along the political spectrum, offering a model that state and local governments could invoke for dealing with bias-motivated incidents …


One Size Does Not Fit All: How The California Privacy Rights Act Will Not Improve Employee Data Collection And Privacy Rights, Kayla N. Bushey 2023 The Catholic University of America, Columbus School of Law

One Size Does Not Fit All: How The California Privacy Rights Act Will Not Improve Employee Data Collection And Privacy Rights, Kayla N. Bushey

Catholic University Journal of Law and Technology

No abstract provided.


Horsing Around With Protecting The Horse Industry: Should California Adopt An Equine Activity Liability Act?, Kara Legg 2023 University of Kentucky

Horsing Around With Protecting The Horse Industry: Should California Adopt An Equine Activity Liability Act?, Kara Legg

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur 2023 Seattle University School of Law

Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur

Seattle University Law Review

This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.


Promoting Corporate Diversity: The Uncertain Role Of Institutional Investors, Jill Fisch 2023 Seattle University School of Law

Promoting Corporate Diversity: The Uncertain Role Of Institutional Investors, Jill Fisch

Seattle University Law Review

Two developments are having an impact on corporate decisions. One is the increased engagement by institutional intermediaries and a shift in the focus of that engagement from corporate governance to environmental and social issues. The other is a heightened societal awareness of diversity, equity, and inclusion (DEI) issues, particularly the importance of diversity in corporate leadership. This Article considers the intersection between the two. It describes how institutional investors have focused their attention on increasing diversity in corporate leadership, the potential motivations for that focus, and the impact of that focus, to date. It highlights the tensions that result from …


America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody 2023 Seattle University School of Law

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …


Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson 2023 Seattle University School of Law

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.


Self-Intervention, Lumen N. Mulligan 2023 University of Colorado Law School

Self-Intervention, Lumen N. Mulligan

University of Colorado Law Review

You cannot intervene in your own case, duh! Yet the U.S. Supreme Court disagreed, holding that Federal Rule of Civil Procedure 24(a)(2) allows state legislative leaders, seeking to represent the state's sovereign interest, to intervene when the attorney general is already representing the state's sovereign interest. In this Article, I contend that the text, history, and practice of Rule 24(a)(2) prohibit such "self-intervention." I then explore how the fictive approach to state immunity established in Ex parte Young causes this confusion, while concluding that the doctrine, properly understood, focuses on real, not nominal, parties in interest. I further conclude that …


Road To Recovery: Why Rhode Island Drivers Should Be Made Whole From Potholes, Jordan Z. Sasa 2023 Juris Doctor, Roger Williams University School of Law, 2022

Road To Recovery: Why Rhode Island Drivers Should Be Made Whole From Potholes, Jordan Z. Sasa

Roger Williams University Law Review

No abstract provided.


Dream Big And Lay The Groundwork: How Rhode Island Can Improve Access To Civil Justice For Self- Represented Litigants, Amanda Rotimi 2023 Candidate for Juris Doctor, Roger Williams University School of Law

Dream Big And Lay The Groundwork: How Rhode Island Can Improve Access To Civil Justice For Self- Represented Litigants, Amanda Rotimi

Roger Williams University Law Review

No abstract provided.


Atryzek V. State, 268 A.3d 37 (R.I. 2022), Emily Hogan 2023 Candidate for Juris Doctor, Roger Williams University School of Law

Atryzek V. State, 268 A.3d 37 (R.I. 2022), Emily Hogan

Roger Williams University Law Review

No abstract provided.


Ricci V. Rhode Island Commerce Corp., 276 A.3d 903 (R.I. 2022), Mark Weeden 2023 Candidate for Juris Doctor, Roger Williams University School of Law

Ricci V. Rhode Island Commerce Corp., 276 A.3d 903 (R.I. 2022), Mark Weeden

Roger Williams University Law Review

No abstract provided.


Tiernan V. Magaziner, 270 A.3d 25 (R.I. 2022), Todd D. Amaral 2023 Candidate for Juris Doctor, Roger Williams University School of Law

Tiernan V. Magaziner, 270 A.3d 25 (R.I. 2022), Todd D. Amaral

Roger Williams University Law Review

No abstract provided.


Insurance Law, J. Price Collins, Janet Tolbert, Ashley Gilmore 2023 Wilson Elser, LLP

Insurance Law, J. Price Collins, Janet Tolbert, Ashley Gilmore

SMU Annual Texas Survey

This Article describes and analyzes major developments in insurance law that occurred in Texas between December 1 and November 30 of 2022.


State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield 2023 University of Florida Levin College of Law

State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield

UF Law Faculty Publications

By most accounts, the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization signaled a broader stagnation (and perhaps retrenchment) of federal substantive due process protections. As a result, there is now great interest in the role that state constitutions and courts might play in protecting and expanding reproductive and privacy rights. This Article aims to place this moment in state constitutional development in broader context. It makes two core claims in this regard. First, although state courts are free to interpret state constitutions as providing broader individual rights protections than those contained in the Federal Constitution, state constitutions …


Dan Mandelker: Valued Treatise Partner, Michael Allan Wolf 2023 University of Florida Levin College of Law

Dan Mandelker: Valued Treatise Partner, Michael Allan Wolf

UF Law Faculty Publications

This short contribution to a festschrift honoring the many important contributions of Dan Mandelker details the influence of his writing and notes with regret the fact that many younger and less-seasoned law professors, particularly those at schools mindful of rankings, will never have the opportunity to write or revise a treatise. The tribute notes the four most salient reasons why we should continue to encourage law professors to work on treatises.


Sb 93 - Government Devices, Social Media Platforms, And Foreign Adversaries, Kelsey V. O'Neill, Rachel Gadra Rankin 2023 Georgia State University College of Law

Sb 93 - Government Devices, Social Media Platforms, And Foreign Adversaries, Kelsey V. O'Neill, Rachel Gadra Rankin

Georgia State University Law Review

The Act prevents state employees from using state devices or equipment to install, use, or visit social media platforms owned, operated, or influenced by foreign adversaries.


State V. Joseph Segrain, 252 A.3d 1255 (R.I. 2021), Jaclyn A. Martin 2023 Candidate for Juris Doctor, Roger Williams University School of Law

State V. Joseph Segrain, 252 A.3d 1255 (R.I. 2021), Jaclyn A. Martin

Roger Williams University Law Review

No abstract provided.


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