DOCSLIB.ORG

Sexual Assault & Sexual Harassment

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sexual Assault & Sexual Harassment B e r k e l e y C e n t e r o n C o m p a r a t i v e E q u a l i t y a n d A n t i - D i s c r i m i n a t i o n L a w J a n u a r y 2 9 - 3 0 2 0 2 1 Continuing Legal Education Materials TITLE C O N F E R E N C E A N N O U N C E M E N T IX S e x u a l H a r a s s m e n t a t S c h o o l s , C o l l e g e s a n d U n i v e r s i t i e s : A G l o b a l P e r s p e c t i v e Plenary I: New Developments in Title IX Law and Policy (CLE 1.25) Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF ILLINOIS; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE OF VERMONT; COMMONWEALTH OF Civil Action No. 1:20-cv-01468-CJN VIRGINIA; STATE OF WASHINGTON; STATE OF WISCONSIN; STATE OF NEVADA, Plaintiffs, v. ELISABETH D. DEVOS, in her official capacity as Secretary of the United States Department of Education; UNITED STATES DEPARTMENT OF EDUCATION; and UNITED STATES OF AMERICA, Defendants. CONSENT MOTION OF LAW PROFESSORS FOR LEAVE TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT Proposed amici curiae law professors who specialize in administrative and/or antidiscrimination law (“Amici”), through undersigned counsel, respectfully request leave of this Court to file the attached brief in support of Plaintiffs’ Motion for Summary Judgment. District courts have “broad discretion” to permit participation “as an amicus curiae.” National Ass’n of Home Builders v. United States Army Corps of Eng’rs, 519 F. Supp. 2d 89, 93 (D.D.C. 2007). This Court routinely permits amicus briefs when the “information offered is ‘timely and useful.’” Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 2 of 5 Ellsworth Assocs., Inc. v. United States, 917 F. Supp. 841, 846 (D.D.C. 1996). In support of this motion, they state as follows: 1. Amici are law professors who specialize in administrative and/or antidiscrimination law. They include the following: Samuel Bagenstos is the Frank G. Millard Professor of Law at University of Michigan Law School. Nicole Huberfeld is a Professor of Law at Boston University School of Law and a Professor of Health Law and Ethics & Human Rights at Boston University School of Public Health. Katharine K. Baker is the University Distinguished Professor of Law at the IIT Chicago- Kent College of Law. Deborah Brake is a Professor of Law and John E. Murray Faculty Scholar at the University of Pittsburgh School of Law. Nancy Cantalupo is an Associate Professor of Law at the California Western School of Law. Joanna L. Grossman is the inaugural Ellen K. Solender Endowed Chair in Women and the Law and a Professor of Law at the Southern Methodist University Dedman School of Law. Erin Buzuvis is an Associate Dean and Professor of Law at Western New England University School of Law. David S. Cohen is a Professor of Law at Drexel University Thomas R. Kline School of Law. Ann McGinley is the William S. Boyd Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. Ruben Garcia is a Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas. David Oppenheimer is a Clinical Professor of Law at the University of California, Berkeley School of Law. Jodi Short is the Associate Dean for Research and the Honorable Roger J. Traynor Chair and Professor of Law at the University of California, Hastings College of the Law. Jonathan Weinberg is the Associate Dean for Research & Faculty Development and a Professor of Law at the Wayne State University Law School. Michael J. Wishnie is a William O. Douglas Clinical Professor of Law and Counselor to the Dean at Yale Law School. Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 3 of 5 Robert S. Chang is a Professor of Law and Executive Director of the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law. Hannah Brenner Johnson is the Vice Dean for Academic and Student Affairs and an Associate Professor of Law at the California Western School of Law. Michele Dauber is the Frederick I. Richman Professor of Law at Stanford Law School. Daniel Deacon is a Lecturer at the University of Michigan Law School. Sally Goldfarb is a Professor of Law at Rutgers Law School. Julie Goldscheid is a Professor of Law at the City University of New York School of Law. Victoria F. Nourse is the Ralph Whitworth Professor of Law at Georgetown University Law Center. Vicki Schultz is the Ford Foundation Professor of Law and Sciences at Yale Law School. Leigh Goodmark is the Marjorie Cook Professor of Law and Co-Director of the Clinical Law Program at the University of Maryland Francis King Carey School of Law. Roseanna Sommers is an Assistant Professor of Law at the University of Michigan Law School. Penny Venetis is a Clinical Professor of Law and Director of the International Human Rights Clinic at Rutgers Law School. 2. As experts in the enforcement of civil rights law, Amici file this brief to demonstrate that Defendants’ new Title IX rule will undermine, not advance, the purposes of Title IX, and that the adoption of that rule is arbitrary, capricious, an abuse of discretion, and not in compliance with law. 3. The proposed brief would aid this Court’s deliberation by offering “unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide.” Youming Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008). See also LCvR 7(o)(2). Here, Amici offer unique information and perspective as professors at law schools throughout the country. Their positions as law professors allow them to provide expertise, first-hand experience, and assistance beyond the help the parties are able to provide. Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 4 of 5 4. Pursuant to LCvR 7.1(o), Amici’s counsel have consulted with counsel for the parties. Counsel for Plaintiffs, Defendants, and Intervenor-Defendants consent to the filing of this brief. 5. No counsel for a party authored the brief in whole or in part, and no party, counsel for party, or person other than Amici, their members, or their counsel funded the preparation or submission of this amicus brief. WHEREFORE, the proposed Amici respectfully request that this Court grant leave to file the attached amicus curiae brief. Dated: January 8, 2021 Respectfully submitted, /s/ Lauren E. Snyder Lauren E. Snyder Daniel P. Tingley Harris, Wiltshire & Grannis LLP 1919 M Street NW, Suite 800 Washington, D.C. 20036 Tel: 202-730-1359 [email protected] [email protected] Counsel for Amici Curiae Case 1:20-cv-01468-CJN Document 116 Filed 01/08/21 Page 5 of 5 CERTIFICATE OF SERVICE I hereby certify that on January 8, 2021, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of this filing to the attorneys of record and all registered participants. /s/ Lauren E. Snyder Lauren E. Snyder Case 1:20-cv-01468-CJN Document 116-1 Filed 01/08/21 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF ILLINOIS; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE OF VERMONT; COMMONWEALTH OF Civil Action No. 1:20-cv-01468-CJN VIRGINIA; STATE OF WASHINGTON; STATE OF WISCONSIN; STATE OF NEVADA, Plaintiffs, v. ELISABETH D. DEVOS, in her official capacity as Secretary of the United States Department of Education; UNITED STATES DEPARTMENT OF EDUCATION; and UNITED STATES OF AMERICA, Defendants. [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE AMICUS BRIEF Upon consideration of the Consent Motion of amici curiae law professors for Leave to File Amicus Curiae Brief in Support of the Plaintiff’s Motion for Summary Judgment and the brief attached thereto, it is hereby: ORDERED that the motion is GRANTED and the attached brief be filed. Dated: _______________, 2020 ________________ Honorable Carl J. Nichols United States District Court Judge Case 1:20-cv-01468-CJN Document 116-2 Filed 01/08/21 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA COMMONWEALTH OF PENNSYLVANIA; STATE OF NEW JERSEY; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF DELAWARE; DISTRICT OF COLUMBIA; STATE OF ILLINOIS; COMMONWEALTH OF MASSACHUSETTS; STATE OF MICHIGAN; STATE OF MINNESOTA; STATE OF NEW MEXICO; STATE OF NORTH CAROLINA; STATE OF OREGON; STATE OF RHODE ISLAND; STATE Civil Action No.
Load more

Recommended publications
  • Disability Rights and Labor: Is This Conflict Really Necessary? Samuel R
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2017 Disability Rights and Labor: Is This Conflict Really Necessary? Samuel R. Bagenstos University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1852 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Civil Rights and Discrimination Commons, Disability Law Commons, Labor and Employment Law Commons, and the Legislation Commons Recommended Citation Bagenstos, Samuel R. "Disability Rights and Labor: Is This Conflict Really Necessary?" Indiana L. J. 92, no. 1 (2017): 277-98. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Disability Rights and Labor: Is This Conflict Really Necessary?*† SAMUEL R. BAGENSTOS‡ The relationship between the American labor movement and identity-based social movements has long been a complicated one. Organized labor has often been an ally of civil rights struggles, and major civil rights leaders have often supported the claims and campaigns of organized labor. Recall the reason Dr. Martin Luther King was in Memphis on the day he was assassinated—to lend his support to a strike by unionized sanitation workers.1
    [Show full text]
  • Speaker Biographies
    Confrontation, Collaboration, and Cooperation: (En)Countering Disagreement in Pursuit of Public Interest The Fourteenth Annual Liman Colloquium March 3-4, 2011 Yale Law School Sponsored by Yale Law School and the Liman Public Interest Program SPEAKERS Nan Aron President, Alliance for Justice and AFJ Action Campaign Nan Aron is the President of the Alliance for Justice (AFJ), a national association of public interest and consumer rights organizations, and its partner advocacy organization, the Alliance for Justice Action Campaign (AFJAC). Aron founded AFJ in 1979 and continues to guide the organization in its mission to advance the cause of justice for all Americans, strengthen the public interest community's influence on national policy, and foster the next generation of advocates. In 1985, she founded AFJ's Judicial Selection Project, a leading voice in the efforts to achieve a fair and independent judiciary and a regular participant in the often-controversial judicial nominations process. For the last decade, AFJ has produced films to help educate the public about social justice issues and expose students to careers in public interest advocacy; in 2010, “Crude Justice” examined the effects of the Deep Horizon oil spill. Aron is a frequent speaker at universities, law schools, corporations, nonprofits, and foundations, and her writing has appeared in publications such as The New York Times, The Wall Street Journal, The Washington Post, USA Today, and Vanity Fair. Samuel Bagenstos Deputy Assistant Attorney General, U.S. Department of Justice, Civil Rights Division Samuel Bagenstos is Deputy Assistant Attorney General for the U.S. Department of Justice, Civil Rights Division.
    [Show full text]
  • Antidiscrimination Laws and the Administrative State: a Skeptic’S Look at Administrative Constitutionalism
    \\jciprod01\productn\N\NDL\94-3\NDL307.txt unknown Seq: 1 7-FEB-19 12:38 ANTIDISCRIMINATION LAWS AND THE ADMINISTRATIVE STATE: A SKEPTIC’S LOOK AT ADMINISTRATIVE CONSTITUTIONALISM David E. Bernstein* INTRODUCTION .................................................. 1382 R I. EXAMPLES OF ANTIDISCRIMINATION-ENFORCEMENT AGENCIES IGNORING CONSTITUTIONAL LIMITS ON THEIR AUTHORITY . 1386 R A. OCR vs. Due Process and Freedom of Speech on Campus . 1387 R B. HUD and Justice vs. the Rights to Speech, Petition, and Assembly .............................................. 1392 R C. State and Local Antidiscrimination Agencies vs. Civil Liberties .............................................. 1396 R II. WHY AGENCIES ENFORCING ANTIDISCRIMINATION LAWS TEND TO BE INCONSIDERATE OF FREEDOM OF SPEECH ............. 1399 R A. Institutional Explanations .............................. 1400 R 1. Agencies Increase Their Budget and Authority by Expanding, Not Contracting, the Scope of the Laws They Enforce ............................... 1400 R 2. Purposivism Encourages Agencies to Resolve Statutory Ambiguity in Favor of Broad Interpretations ................................... 1401 R © 2019 David E. Bernstein. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice. * University Professor, Antonin Scalia Law School, George Mason
    [Show full text]
  • Biographical Information Samuel Bagenstos Principal Deputy Assistant Attorney General Civil Rights Division U.S
    Biographical Information Samuel Bagenstos Principal Deputy Assistant Attorney General Civil Rights Division U.S. Department of Justice Samuel Bagenstos serves as Principal Deputy Assistant Attorney General in the Civil Rights Division of the United States Department of Justice. As Principal Deputy AAG, Bagenstos assists in the overall management of the Division and directly supervises the Division’s Appellate and Disability Rights Sections, as well as the disability rights work of the Division’s Special Litigation Section. He served from 1994 to 1997 as a career attorney in the Appellate Section of the Division, where he worked on the full range of civil rights issues. Samuel Bagenstos is on leave from his position as Professor of Law at the University of Michigan Law School. Since 1999, Bagenstos has been a law professor; he has taught at Harvard, Washington University in St. Louis, UCLA, and the University of Michigan. Since becoming a professor, he has taught constitutional law and civil rights law, written extensively on disability rights and civil rights more generally, and continued to litigate civil rights cases (usually pro bono). During that time, Bagenstos played a key role in defending the constitutionality of the Americans with Disabilities Act and its abrogation of state sovereign immunity. He represented individuals with disabilities in a number of cases in which defendants attacked the statute as unconstitutional, including Tennessee v. Lane and United States v. Georgia -- two cases in which the Supreme Court upheld the statute against such attacks. He has argued civil rights cases in the Supreme Court and most of the federal courts of appeals, and as an academic he testified before Congress in favor of the so-called Lily Ledbetter Bill and the ADA Amendments Act.
    [Show full text]
  • Symposium Program
    1 Presented by the UDC Law Review Friday, March 29, 2019 UDC David A. Clarke School of Law 4340 Connecticut Ave. NW Washington, DC 20008 1 DISABILITY RIGHTS: Past, Present, and Future March 29, 2019 UDC DAVID A. CLARKE SCHOOL OF LAW 8:00am – 9:00am Breakfast and Registration / 5th floor lobby, outside Moot Courtroom 9:00am – 9:15am Welcome John Brittain, Acting Dean and Professor of Law, UDC Law Demetria Themistocles, Editor-in-Chief, UDC Law Review 9:15am – 10:30am The ADAAA: 10 + Years Later / Moot Courtroom Kevin Barry, Professor of Law and Co-Director of the Civil Justice Clinic, Quinnipiac University School of Law (Moderator) Samuel Bagenstos, Frank G. Millard Professor of Law, University of Michigan Law School Dr. Rabia Belt, Assistant Professor of Law, Stanford Law School Dr. Peter Blanck, University Professor and Chairman of the Burton Blatt Institute, Syracuse University College of Law Sunu P. Chandy, Legal Director, National Women’s Law Center Nicole Buonocore Porter, Associate Dean for Faculty Research and Development and Professor of Law, University of Toledo College of Law 10:45am – 11:55am Breakout Sessions Option 1: Disability, Leave, and Caregiving / Room 515 Robin R. Runge, Acting Director of the Equality and Inclusion Department, Solidarity Center, and Professorial Lecturer in Law, George Washington University Law School (Moderator) Joanna Blotner, Paid Family Leave Campaign Manager, Jews United for Justice Jessica Mason, Senior Policy Analyst and Engagement Manager, National Partnership for Women & Families Vivian Nava-Schellinger, Associate Director of Strategic Partnerships and External Affairs, National Council on Aging Tina Smith Nelson, Managing Attorney, AARP Legal Counsel for the Elderly Option 2: Disability, Police Interactions, and the Criminal Justice System / Moot Courtroom Chris Hill, Instructor, Legislation Clinic, UDC Law (Moderator) Claudia Center, Senior Staff Attorney, Disability Rights Program, ACLU Foundation Kari Galloway, Executive Director, Friends of Guest House Najma Johnson, Executive Director, DAWN Jonathan M.
    [Show full text]
  • Letting Time Serve You: Boot Camps and Alternative
    Disability Rights and Labor: Is This Conflict Really Necessary?*† SAMUEL R. BAGENSTOS‡ The relationship between the American labor movement and identity-based social movements has long been a complicated one. Organized labor has often been an ally of civil rights struggles, and major civil rights leaders have often supported the claims and campaigns of organized labor. Recall the reason Dr. Martin Luther King was in Memphis on the day he was assassinated—to lend his support to a strike by unionized sanitation workers.1 But unions and civil rights groups have found themselves on the opposite sides of intense battles as well. These battles have included fights over race and sex discrimination and harassment in union-dominated workplaces (which pitted civil rights groups against the public-safety-worker and craft unions that themselves often had a history of discrimination), as well as the struggles over sex-specific protective labor legislation (legislation supported by a wide swath of the labor move- ment, but that severely limited job opportunities for women).2 The relationship between the labor movement and the disability rights movement is just as complicated. Organized labor has often been an ally of disability rights * Apologies to Roger J. Traynor, Is This Conflict Really Necessary?, 37 TEX. L. REV. 657 (1959). † Copyright © 2016 Samuel R. Bagenstos. ‡ Frank G. Millard Professor of Law, University of Michigan Law School. This Essay is an annotated version of the William R. Stewart Lecture delivered at the Indiana University Maurer School of Law on April 13, 2016. Thanks so much to Dean Austen Parrish, Professors Ken Dau-Schmidt and Deborah Widiss, and my other terrific hosts, as well as to the editors of this law journal for helping me get this piece into publishable shape.
    [Show full text]
  • Samuel Bagenstos PROVEN COMMITMENT to JUSTICE
    “I’ve spent my entire career fighting to ensure that people have access to justice. On the Michigan Supreme Court, I will protect your rights and hold people and institutions – no matter how powerful – accountable.” – Samuel Bagenstos PROVEN COMMITMENT TO JUSTICE Samuel Bagenstos is a law professor at the University of Michigan and a distinguished civil rights attorney who has argued numerous cases, including four civil rights cases in front of the Supreme Court. He served as Principal Deputy Assistant Attorney General for Civil Rights under President Obama and Attorney General Eric Holder. Over the course of his career, Sam has fought for victims of the Flint water crisis, pregnant women in the workplace, equal pay protections, disability rights, workers’ rights to collectively bargain, and LGBT rights. Sam was inspired to become a lawyer by the civil rights movements of the 1960s. He graduated first in his class at Harvard Law and clerked for Supreme Court Justice Ruth Bader Ginsburg. Voting rights have been a particular focus throughout his career, from the first case he ever argued in court, Voting Rights Coalition v. Wilson, to his fight last year against Ohio’s voter-purge process. Sam is also one of the country’s leading disability rights attorneys. Sam is married to Margo Schlanger, a professor of law at University of Michigan and a leading expert on prison reform. They live in Ann Arbor with their two teenage children. Sam helped his client, Ehlena Fry (pictured here with her service dog, Wonder), win her rights under the ADA. BAGENSTOS “One of America’s top civil rights lawyers launches bid for state supreme court” – Think Progress, 3/1/18 Conservative justices have maintained control of the Michigan Supreme Court for the better part of the last twenty years.
    [Show full text]
  • “Trumping” Affirmative Action
    1-30-2021 “Trumping” Affirmative Action Vinay Harpalani University of New Mexico - School of Law Follow this and additional works at: https://digitalrepository.unm.edu/law_facultyscholarship Part of the Constitutional Law Commons, Education Law Commons, Law and Race Commons, and the Law and Society Commons Recommended Citation Vinay Harpalani, “Trumping” Affirmative Action, 66 Villanova Law Review Tolle Lege 1 (2021). Available at: https://digitalrepository.unm.edu/law_facultyscholarship/834 This Article is brought to you for free and open access by the School of Law at UNM Digital Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. VILLANOVA LAW REVIEW ONLINE: TOLLE LEGE 66 VILL. L. REV. TOLLE LEGE 1 “TRUMPING” AFFIRMATIVE ACTION VINAY HARPALANI* ABSTRACT This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by Students for Fair Admissions and the Department of Justice—how they have used Asian American plaintiffs and forced universities to reveal information about their admissions processes—and considers the broader social and political impact of these strategies.
    [Show full text]
  • AFFIRMATIVE ACTION This Essay Examines
    VILLANOVA LAW REVIEW ONLINE: TOLLE LEGE 66 VILL. L. REV. TOLLE LEGE 1 “TRUMPING” AFFIRMATIVE ACTION VINAY HARPALANI* ABSTRACT This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by Students for Fair Admissions and the Department of Justice—how they have used Asian American plaintiffs and forced universities to reveal information about their admissions processes—and considers the broader social and political impact of these strategies. The Essay also analyzes how the litigation challenging affirmative action has employed ambiguities in prior cases involving race-conscious university admissions. Although President Joe Biden’s administration can undo some of the Department of Justice’s actions, these actions have set the stage for affirmative action to be “trumped.” * Copyright © 2021 by Vinay Harpalani, Associate Professor of Law and Henry Weihofen Professor at the University of New Mexico School of Law. J.D., 2009, New York University School of Law; Ph.D., 2005, University of Pennsylvania. I thank Professor Stacy Hawkins for her helpful feedback on this Essay. Additionally, editors of the Villanova Law Review Tolle Lege—Hannah Schroer, Anna Glorioso, and Pat Smith—did an outstanding job editing this Essay and suggesting revisions.
    [Show full text]
  • Urban Cities and Accessibility
    Fordham Urban Law Journal Spring Symposium Urban Cities and Accessibility Friday, February 14, 2020 10 a.m. – 5:10 p.m. Costantino Room | Fordham Law School For more information on the Fordham Urban Law Journal or the Symposium and Book, please contact the Symposium Editor, Rachel C. Smith, at [email protected]. CLE CREDIT for the program has GUEST WI-FI ACCESS www.fordham.edu/wireless, pick up a more been approved in accordance with the Visitors to campus may use either the detailed instruction sheet at the information Fordham-P or FordhamGuest network. The desk, or call the Fordham Law Helpdesk at requirements of the New York and New Fordham-P network is more secure than the 212-636-6786. Jersey States CLE Board for 5.5 (0.5 Ethics, FordhamGuest network, which is intended for the convenience of campus visitors. 5.0 professional practice) credit hours. The FORDHAM GUEST NETWORK content of the course is appropriate for FordhamGuest provides unprotected and insecure access to the Internet, allows basic 1. Go to Settings>Wi-Fi and select transitional and nontransitional attorneys. web browsing, and is limited to Internet- FordhamGuest and connect available services. Do not use the network 2. Click on the “Accept” button CLE course materials available at: for the exchange of sensitive or personal By choosing the “Accept” button, you information. law.fordham.edu/clematerials indicate that you accept the risks associated with using the [Fordham Guest] network. FORDHAM-P NETWORK Fordham is not responsible for any problems 1. Go to Settings>Wi-Fi and select Connect- that might arise as a result of using this Fordham-WiFi.
    [Show full text]
  • The Journal of the ACS Issue Groups
    Advance The Journal of the ACS Issue Groups Volume 8 Table of ConTenT s | fall 2014 The Voting Rights Amendment Act of 2014: A Constitutional Response to Shelby County William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos, and Gilda R. Daniels McCutcheon v. FEC and Roberts v. Breyer: They’re Both Right and They’re Both Wrong Alan B. Morrison Deconstructing the Right to Counsel Lauren Sudeall Lucas Unequal Treatment? The Speech and Association Rights of Employees: Implications of Knox and Harris Catherine Fisk and Erwin Chemerinsky Enhancing Due Process in Targeted Killing Deborah Pearlstein Corporate Religious Liberty: Why Corporations Are Not Entitled to Religious Exemptions Caroline Mala Corbin The Constitutional Case for Limiting Public Carry Lawrence Rosenthal The Transgender Tipping Point: An Overview for the Advocate Dr. Jillian T. Weiss 1333 H St., NW, 11th Floor Washington, D.C. 20005 www.ACSLaw.org 202-393-6181 Copyright © 2014 American Constitution Society for Law and Policy Advance The Journal of ACS Issue Briefs Table of ConTenT s 1 Introduction The Voting Rights Amendment Act of 2014: A Constitutional 3 Response to Shelby County William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos, and Gilda R. Daniels McCutcheon v. FEC and Roberts v. Breyer: They’re 25 Both Right and They’re Both Wrong Alan B. Morrison Deconstructing the Right to Counsel 43 Lauren Sudeall Lucas Unequal Treatment? The Speech and Association Rights 55 of Employees: Implications of Knox and Harris Catherine Fisk and Erwin Chemerinsky Enhancing Due Process in Targeted Killing 73 Deborah Pearlstein Corporate Religious Liberty: Why Corporations 95 Are Not Entitled to Religious Exemptions Caroline Mala Corbin The Constitutional Case for Limiting Public Carry 107 Lawrence Rosenthal The Transgender Tipping Point: An Overview for the Advocate 123 Dr.
    [Show full text]
  • Antidiscrimination Laws and the Administrative State: a Skeptic's Look at Administrative Constitutionalism David E
    Notre Dame Law Review Volume 94 | Issue 3 Article 7 2-2019 Antidiscrimination Laws and the Administrative State: A Skeptic's Look at Administrative Constitutionalism David E. Bernstein Antonin Scalia Law School, George Mason University Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Administrative Law Commons, Constitutional Law Commons, and the First Amendment Commons Recommended Citation 94 Notre Dame L. Rev. 1381 (2019). This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\94-3\NDL307.txt unknown Seq: 1 7-FEB-19 12:38 ANTIDISCRIMINATION LAWS AND THE ADMINISTRATIVE STATE: A SKEPTIC’S LOOK AT ADMINISTRATIVE CONSTITUTIONALISM David E. Bernstein* INTRODUCTION .................................................. 1382 R I. EXAMPLES OF ANTIDISCRIMINATION-ENFORCEMENT AGENCIES IGNORING CONSTITUTIONAL LIMITS ON THEIR AUTHORITY . 1386 R A. OCR vs. Due Process and Freedom of Speech on Campus . 1387 R B. HUD and Justice vs. the Rights to Speech, Petition, and Assembly .............................................. 1392 R C. State and Local Antidiscrimination Agencies vs. Civil Liberties .............................................. 1396 R II. WHY AGENCIES ENFORCING ANTIDISCRIMINATION LAWS TEND TO BE INCONSIDERATE OF FREEDOM OF SPEECH ............. 1399 R A. Institutional Explanations .............................. 1400 R 1. Agencies Increase Their Budget and Authority by Expanding, Not Contracting, the Scope of the Laws They Enforce ............................... 1400 R 2. Purposivism Encourages Agencies to Resolve Statutory Ambiguity in Favor of Broad Interpretations ................................... 1401 R © 2019 David E.
    [Show full text]