| Author | Title | Citation | Summary | Year | Key Terms |
| Sonja B. Starr |
Testing Racial Profiling: Empirical Assessment of Disparate Treatment by Police |
2016 University of Chicago Legal Forum 485 (2016) |
Statistical evidence plays a central role in litigation, scholarship, and public debates about race and policing. At one level, the statistical picture is clear: people of color in the United States, especially black men, interact with police far more often than white Americans do. Black Americans are about 2.5 times more likely to be arrested each... |
2016 |
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| Barbara Cosens |
The Columbia River Treaty: an Opportunity for Modernization of Basin Governance |
27 Colorado Natural Resources, Energy & Environmental Law Review 27 (Winter 2016) |
I. INTRODUCTION. 29 II. THE 1964 COLUMBIA RIVER TREATY. 31 III. CHANGES IN THE COLUMBIA RIVER BASIN SINCE 1964. 33 IV. REVIEW OF THE COLUMBIA RIVER TREATY: 2010-2013. 38 V. CONCLUSION. 42 The headwaters of the Columbia River are in the Rocky Mountains of British Columbia, Idaho, and Montana. From its headwaters, the Columbia River's mainstem flows... |
2016 |
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| Jarrod Tudor |
The Common Market for International Students: Does a Right to Free Movement and Equal Treatment for Students Exist in the European Union? |
37 Northern Illinois University Law Review Rev. 1 (Fall, 2016) |
The market for international students in Europe is a lucrative one. Although there is no express free movement of students in the Treaty on the Functioning of the European Union (TFEU), the European Court of Justice (ECJ) has combined, through its jurisprudence, several provisions of European Union (EU) law to create a de facto right of free... |
2016 |
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| Elizabeth Lohah Homer |
The Dynamic Legal Environment of Daily Fantasy Sports |
41 American Indian Law Review 219 (2016) |
Up until the fall of 2015, Daily Fantasy Sports (DFS) in the United States had benefited from a rapid growth in revenue, an increasing acceptance into the American sports landscape, and scant regulation from state and federal governments. A respectable research firm in the gaming world projected unmitigated growth for 2016 until a mixture of... |
2016 |
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| Tiana J. Cherry |
The E-2 Treaty Investor Visa Dilemma: Violations of Law and Limitations on Foreign Investment |
6 American University Business Law Review 137 (2016) |
Although the Immigration and Nationality Act established the E-2 treaty investor visa (E-2 visa) to attract foreign investors to the United States, the visa requirements limit many individuals from being eligible to invest in the United States' economy. To be eligible for the E-2 visa, the potential investor must show that he or she is a citizen... |
2016 |
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| Crowell & Moring LLP |
The Foreign Sovereign Immunities Act: 2014 Year in Review |
22 Law & Business Review of the Americas 141 (Summer, 2016) |
The Foreign Sovereign Immunities Act (FSIA) provides the exclusive basis for suing a foreign sovereign in United States courts. While the FSIA generally grants immunity to foreign sovereigns, it also lays out a number of exceptions under which U.S. courts may exercise jurisdiction. Thus, plaintiffs have used this statute as a basis to sue foreign... |
2016 |
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| Eric Chung |
The Judicial Enforceability and Legal Effects of Treaty Reservations, Understandings, and Declarations |
126 Yale Law Journal 170 (October, 2016) |
The United States often ratifies multilateral treaties by relying on what are commonly referred to as reservations, understandings, and declarations (RUDs). RUDs limit the domestic effect of treaties and confine provisions to particular meanings consistent with the United States' practices. In recent years, during and after the U.S. Supreme Court's... |
2016 |
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| Carlo Felizardo |
The Modern Treaty-executing Power: Constitutional Complexities in Contemporary Global Governance |
110 Northwestern University Law Review 1235 (2016) |
Abstract--Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary... |
2016 |
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| Chelsea Creta |
The No-fly List: the New Redress Procedures, Criminal Treatment, and the Blanket of "National Security" |
23 Washington and Lee Journal of Civil Rights and Social Justice 233 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 234 II. The Department of Homeland Security's Traveler Redress Program (DHS TRIP), the Old Procedures, and Judicial Dismissal. 239 A. The Old Procedures. 239 B. District Courts Dismiss No-Fly List Cases in a Post 9/11 World. 241 III. The District Courts Gain Jurisdiction and the New Redress Procedures Are... |
2016 |
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| Eric C. Ip |
The Politics of the Constitutional Common Law in Hong Kong under Chinese Sovereignty |
25 Washington International Law Journal 565 (June, 2016) |
Abstract :This article studies how the Hong Kong Court of Final Appeal has come to develop a sophisticated judicial gloss on the provisions of the Basic Law, Hong Kong's constitutional document, in ways unforeseen by the Chinese National People's Congress that enacted it. The ascendancy of constitutional common law in Hong Kong after the end of... |
2016 |
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| Joann Ezeoba |
The Rhetoric of Sovereignty in the Wto: How Sovereignty Can Impact State Conduct in the Dispute Settlement Framework |
7 Creighton International and Comparative Law Journal 182 (2016) |
Sovereignty as it is understood in the modern day, dates back to the development of individual states, and became most apparent in practice by the time that the Peace of Westphalia treaties were signed in 1648. It was promulgated by the writings of scholars such as Machiavelli, Bodin, and Hobbes, and was etched in the teachings and practice of the... |
2016 |
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| Michael J. Glennon , Robert D. Sloane |
The Sad, Quiet Death of Missouri v. Holland: How Bond Hobbled the Treaty Power |
41 Yale Journal of International Law 51 (Winter 2016) |
Introduction. 52 I. The Treaty Clause Versus the Tenth Amendment?. 55 II. Deciphering Holmes's Cryptic Opinion in Holland. 58 A. The Textual Rationale. 59 B. The Force of Functionalism and Adaptivism in Holland. 61 1. How Holmes Framed the Constitutional Question--and Why. 61 2. Holland's Functionalist Rationale. 63 3. The Andrews Analogy. 65 C. An... |
2016 |
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| Lauren Bursey |
They're People Too: Why U.s. Courts Should Give Foreign Agencies and Instrumentalities Due Process Rights under the Foreign Sovereign Immunities Act (Fsia) |
66 DePaul Law Review 221 (Fall, 2016) |
A domestic state's laws of incorporation define a corporation as a legal entity; rules of its creation, organization, and dissolution also stem from state law. But for their ownership or foundational origins, state-owned corporations' ties to a foreign state would be completely unknown and irrelevant. Determining which jurisdictions allow foreign... |
2016 |
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| J. Ross Macdonald |
Time Present and Time Past: U.s. Anti-treaty Shopping History, Policy and Rules |
70 Tax Lawyer Law. 5 (Fall, 2016) |
This Article comprehensively discusses U.S. anti-treaty shopping (limitation on benefits) rules contained in U.S. income tax treaties up to and including the rules contained in the 2016 U.S. Model Treaty. In this context, anti-treaty shopping rules generally can be defined as rules intended to limit the circumstances in which residents of third... |
2016 |
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| Michael Adams |
Towards Reconciliation: a Proposal for a New Theory of Crown Sovereignty |
49 U.B.C. Law Review Rev. 1 (January, 2016) |
Historically, Canada has been occupied by many different states, both European nations like Britain and France, and Aboriginal nations like the Haida, Iroquois, and Huron. While the descendants of these early inhabitants still call Canada home, only one nation continues to enjoy the absolute power that it enjoyed historically. The courts of this... |
2016 |
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| Charles H. Brower II |
Trans-pacific Partnership: Continuity and Breakthroughs in U.s. Investment Treaty Practice |
27 American Review of International Arbitration 145 (2016) |
In October 2015, the United States completed negotiations for the Trans-Pacific Partnership (TPP), a free trade agreement among twelve Pacific Rim states. According to the White House, TPP will rewrite the rules of trade, will include high standards . that . upgrade our existing agreements, and will have a profound impact on . how we invest... |
2016 |
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| Chelsea S. Novelli |
Treaty Law--the Broad Interpretation of "Lapse of Time" Provides Protections Beyond the Bounds of the U.s.-mex. Treaty--martinez v. United States, 793 F.3d 533 (6th Cir. 2015), Reh'g En Banc Granted, Vacated (Oct. 14, 2015). |
39 Suffolk Transnational Law Review 239 (Winter 2016) |
The United States Extradition Treaty with Mexico is in place, as an agreement between the two sovereign nations, for the purpose of honoring each nation's laws. Article 7 of the U.S.-Mexico Extradition Treaty (Extradition Treaty) provides [e]xtradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for... |
2016 |
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| Prof. Dr. Attila S.L. Andrade Jr. |
Treaty of Amity, Commerce, and Navigation Between Brazil and the U.s. |
47 University of Miami Inter-American Law Review 200 (Summer, 2016) |
This Article deals with the analytical history of the Treaty of Amity, Commerce and Navigation between the U.S. and Brazil. In the first part of the Article, the author analyzed all the provisions of the Treaty entered into between the two countries on December 12, 1828. The second part examined the historical causes for the early termination of... |
2016 |
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U.k. Votes to Leave Eu-impact on U.s. Income Tax Treaties |
27 Journal of International Taxation 13 (September, 2016) |
In a referendum on June 23, 2016, voters in the United Kingdom chose to leave the EU. Although the exact timing and impact of a departure is yet to be determined and seems likely to take more than two years, the impact on certain U.S. income tax treaties with European countries may be significant. When a majority of U.K. voters cast their ballots... |
2016 |
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| Gail Super |
Volatile Sovereignty: Governing Crime Through the Community in Khayelitsha |
50 Law and Society Review 450 (June, 2016) |
This paper asks what crime prevention looks like for residents in informal settlements in Khayelitsha, a black township on the outskirts of Cape Town. It engages with the idea of vigilantism and hybrid policing formations, analyzing the overlaps and intersections between legal community-based crime prevention initiatives, and local punitive... |
2016 |
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| Major David L. Walker |
Waging War with Cercla: Divisibility for the Sovereign |
75 Air Force Law Review 163 (2016) |
I. Introduction. 40 II. CERCLA Liability. 41 III. Sovereign Immunity. 43 A. Origin of Sovereign Immunity. 43 B. Evolution of Sovereign Immunity in United States Environmental Law. 44 C. CERCLA's Waiver of Sovereign Immunity. 49 IV. CERCLA's Liability Framework and the United States Supreme Court. 55 A. United States v. Bestfoods. 55 B. Burlington... |
2016 |
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| Jessica Wagner |
Waiver by Removal? An Analysis of State Sovereign Immunity |
102 Virginia Law Review 549 (April, 2016) |
The Supreme Court has never definitively outlined the theoretical underpinnings of state sovereign immunity. The unresolved circuit split over whether a state waives immunity that it would otherwise retain by removing a case from state court to federal court provides a helpful lens to consider the broader doctrinal strands of state sovereign... |
2016 |
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| Jordon Parker |
Where Sovereign Immunity Ends and Liability Begins: a Functional Restructuring of the United States Military Tort Compensation Scheme |
25 Cardozo Journal of International and Comparative Law 145 (Fall, 2016) |
I. Introduction. 147 II. Background. 149 A. Tort Law from a Formalist Perspective. 150 B. Tort Law from a Functionalist Perspective. 151 C. The Importance of the Distinction. 152 D. A Brief History: Sovereign Immunity and the FTCA. 153 E. Bivens Actions. 156 F. The Military Claims Act. 157 G. The Foreign Claims Act. 158 H. Other Codification for... |
2016 |
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| Priscilla A. Ocen |
(E)racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited Minors |
62 UCLA Law Review 1586 (August, 2015) |
Over the last twenty years, domestic sexual trafficking of children has received increased attention from state and national policymakers and advocates. Indeed, states across the country have enacted laws establishing harsh new penalties for individuals convicted of domestic sexual trafficking. At the same time, arrest and conviction rates for... |
2015 |
|
| Angela Ostrowski |
(Elephant) Death and Taxes: Proposed Tax Treatment of Illegal Ivory |
21 Animal Law 221 (2015) |
African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties... |
2015 |
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| Theresa K. Bowley |
A Blanket of Immunity Will Not Keep Florida Dry: Proposed Adjustments to Florida's Drainage Regulations and Sovereign Immunity Laws to Account for Climate Change Impacts |
10 Florida A & M University Law Review 387 (Spring 2015) |
Introduction. 388 I. Florida's Enhanced Vulnerability to Increased Flooding from Climate Change. 391 A. Stormwater Drainage is Interconnected in Florida. 391 B. Flooding Vulnerability in Stormwater Drainage Systems. 393 C. Stormwater Drainage Capacity Decreased. 394 II. Stormwater Drainage Regulation in Florida. 396 III. Sovereign Immunity in... |
2015 |
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| Herbert C. Brown, Jr. |
A Crowded Room or the Perfect Fit? Exploring Affirmative Action Treatment in College and University Admissions for Self-identified Lgbt Individuals |
21 William and Mary Journal of Women and the Law 603 (Spring, 2015) |
The lesbian, gay, bisexual, and transgendered (LGBT) civil rights movement has made tremendous advances over the years. Many polls show that acceptance of same-sex marriage and other rights for LGBT individuals are at their highest. These polls have also shown that an overwhelmingly large population of younger Americans support and accept LGBT... |
2015 |
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| Vik Kanwar |
A Fugitive from the Camp of the Conquerors: the Revival of Equal Sovereignty Doctrine in Shelby County v. Holder |
17 Berkeley Journal of African-American Law & Policy 272 (2015) |
I. The Equivocal Doctrine of Equal Sovereignty of States 1. The Equality of States: Built on Air? 2. Equal Footing: From the First Reconstruction to Revival in Coyle 3. Equal Sovereignty: From the Second Reconstruction to its Revival in Shelby County II. Expressive Harms: Conditionality and Selectivity 4. Critique of Conditionality: The VRA... |
2015 |
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| Joshua Nichols |
A Reconciliation Without Recollection? Chief Mountain and the Sources of Sovereignty |
48 U.B.C. Law Review 515 (July, 2015) |
On 3 February 2013, the British Columbia Court of Appeal released the Chief Mountain decision. The issue in this case was the constitutionality of the legislative and self-government powers set out in the Nisga'a Final Agreement (NFA). The appellants (who are members of the Nisga'a Nation) argued that the NFA and the attending Settlement... |
2015 |
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| Dr. Jay A. Weiss |
Addiction and Treatment in a Professional Population |
62 Louisiana Bar Journal 282 (December, 2014/January, 2015) |
Drug and alcohol problems are common within our society, but we are not the first society to have them. The great physicians Hippocrates and Galen in Greek and Roman societies wrote of the symptoms and damage caused by substances. Indian and Chinese physicians were describing similar problems long before Greece and Rome emerged as civilizations.... |
2015 |
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| Francesco Seatzu , Paolo Vargiu |
Africanizing Bilateral Investment Treaties ('Bits'): Some Case Studies and Future Prospects of a Pro-active African Approach to International Investment |
30 Connecticut Journal of International Law 143 (Spring, 2015) |
The issue of African contributions to the development of international investment law is one that has been almost completely neglected by international legal scholarship, as very few examples of such contributions - if any - can be found in the investment treaty experience of African countries since the decolonisation of the continent. This paper... |
2015 |
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| Francesca Trivellato |
Amphibious Power: the Law of Wreck, Maritime Customs, and Sovereignty in Richelieu's France |
33 Law and History Review 915 (November, 2015) |
The precise length of territorial waters, the swath of sea along the coast over which a state extended sovereign control, remained an object of debate during the seventeenth century. Some authors still adhered to the 100-mile boundary established by medieval glossators, whereas others embraced the so-called cannon-shot rule that set the limit to... |
2015 |
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| David Kow |
An "Equal Sovereignty" Principle Born in Northwest Austin, Texas, Raised in Shelby County, Alabama |
17 Berkeley Journal of African-American Law & Policy 346 (2015) |
[A] small inconsequential village will shortly find out that there are causes and effects that have no precedent--such is usually the case in the Twilight Zone. Rod Serling, The Twilight Zone: I Am the Night--Color Me Black (CBS television broadcast Mar. 27, 1964) The 1965 Voting Rights Act brought to a halt the regime of organized racial... |
2015 |
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| Duncan B. Hollis |
An Intersubjective Treaty Power |
90 Notre Dame Law Review 1415 (March, 2015) |
How does the Constitution limit the subject matter of the U.S.'s treaties? For decades, conventional wisdom adopted a textual emphasis -- prohibitions and other limits on federal authority listed in the Constitution itself (e.g., the Bill of Rights) apply to U.S. treaties. In contrast, proposals for subject matter limitations implied by federalism... |
2015 |
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| David Gringer |
Antitrust Treatment of State Licensing Boards in the Wake of North Carolina State Board of Dental Examiners v. F.t.c. |
24 Competition: the Journal of the Antitrust, UCL and Privacy Section of the State Bar of California 50 (Fall, 2015) |
In its decision formulating the state action immunity doctrine, the Supreme Court rested its holding primarily on respect for the political processes in the states: in a dual system of government in which . the states are sovereign . an unexpressed purpose to nullify a state's control over its officers and agents is not to be likely attributed to... |
2015 |
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| Susan Block-Lieb |
Austerity, Debt Overhang, and the Design of International Standards on Sovereign, Corporate, and Consumer Debt Restructuring |
22 Indiana Journal of Global Legal Studies 487 (2015) |
Following the Asian Financial Crisis, sovereign debt defaults prompted calls by the International Monetary Fund (IMF) for a statutory Sovereign Debt Restructuring Mechanism (SDRM). In promoting the SDRM, IMF leaders argued that countries' sovereign debt problems needed something like U.S. Chapter 11, which is to say that IMF leaders supported the... |
2015 |
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| Gregory H. Shill |
Boilerplate Shock: Sovereign Debt Contracts as Incubators of Systemic Risk |
89 Tulane Law Review 751 (March, 2015) |
Scholars generally assess the usefulness of standard-form securities contracts from the perspective of the firms that use them. But these firm-centric accounts overlook the cumulative impact of standardization on markets. Where the market in question is critical to the financial system, this oversight can be quite consequential. This Article... |
2015 |
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| Monica Carusello |
Can an Oil Pit Take a Bird?: Why the Migratory Bird Treaty Act Should Apply to Inadvertent Takings and Killings by Oil Pits |
31 Journal of Environmental Law & Litigation 87 (2015) |
Introduction. 88 I. The MBTA. 89 II. Current Federal Court Split in Interpreting Criminal Liability for MBTA Violations: What Does Take Mean in the MBTA? Must the Action Be Directed at Birds in Order to Constitute a Taking?. 90 A. Oil Field Equipment Can Take Birds. 91 B. Simply Maintaining a Pit in Which Birds Die Does Not Trigger Liability.... |
2015 |
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| Luís Pereira Coutinho |
Chapter 9 the Passive Sovereignty of the Constitutional Judge a State Theory Approach |
44 IUS Gentium 119 (2015) |
In a book dedicated to judicial activism, the following paper explores its apparent opposite: I put forward the hypothesis of judicial passivity as a virtue of courts charged with the task of judicial review of legislation. In a preliminary notion, judicial passivity (not to be confused with passivity as a necessary institutional posture of the... |
2015 |
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China and Russia Sign New Tax Treaty, Protocol |
26 Journal of International Taxation Tax'n 5 (February, 2015) |
China and Russia signed a new income tax treaty and protocol on October 13, 2014. Key changes in the new treaty are summarized below. Place of effective management is added as one of the criteria for a residency determination. The current period of more than 18 months is modified to more than 183 days for determining a service PE within a... |
2015 |
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| Catherine Elkemann , Oliver C. Ruppel |
Chinese Foreign Direct Investment into Africa in the Context of Brics and Sino-african Bilateral Investment Treaties |
13 Richmond Journal of Global Law and Business 593 (Winter, 2015) |
China is now the second largest economy in the world after the United States of America and is deemed to be the most influential member of the group of leading emerging economies, the so called BRICS partnership consisting of Brazil, the Russian Federation, India, China and South Africa. According to the latest World Investment Report published by... |
2015 |
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| Joshua Nichols |
Claims of Sovereignty--burdens of Occupation: William and the Future of Reconciliation |
48 U.B.C. Law Review 221 (January, 2015) |
The William case presented two very different jurisprudential trajectories on the question of Aboriginal title. On the one hand, there is the test that Justice Vickers sets out in the British Columbia Supreme Court decision Tsilhqot'in Nation, in which title is determined according to a combination of pre-sovereignty occupation, exclusivity, and... |
2015 |
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| Stephanie Hartmann |
Comparing the National Treatment Obligations of the Gatt and the Tbt: Lessons Learned from the Ec-seal Products Dispute |
40 North Carolina Journal of International Law and Commercial Regulation 629 (Spring, 2015) |
I: Introduction. 629 II: National Treatment Under the GATT Agreements. 634 III: EC-Seal Products.. 643 A. Background of the Dispute. 643 B. The Panel Decision. 644 1. TBT Annex 1:1: Technical Regulation. 644 2. TBT Article 2.1. 645 3. GATT Article III:4. 649 4. GATT Article XX(a). 650 5. GATT Article XX Chapeau. 651 C. The Appellate Body Decision.... |
2015 |
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| Michael D. Ramsey |
Congress's Limited Power to Enforce Treaties |
90 Notre Dame Law Review 1539 (March, 2015) |
This Article focuses on Justice Scalia's concurrence in the judgment in Bond v. United States. It makes three main points. First, Scalia's claim that Congress lacks a general power to enforce treaties is unpersuasive as a matter of the Constitution's original meaning. Congress's power to enact laws necessary and proper to carry into execution the... |
2015 |
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| Brian J. Litwak |
Constitutional Conflation: the Incorrect Incorporation of Dual Sovereignty into Sixth Amendment Jurisprudence |
41 New England Journal on Criminal and Civil Confinement 85 (Winter, 2015) |
In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence. The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done. As every schoolchild learns, our Constitution established a system of dual... |
2015 |
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| Guinevere E. Moore, Robert T. Moore |
Crisis at the Border: a Need to Reexamine the Doctrine of Sovereign Immunity |
17 Scholar: St. Mary's Law Review on Race and Social Justice 35 (2015) |
I. Introduction. 35 II. Foreign Sovereign Immunity versus Domestic Sovereign Immunity. 39 III. A Limitation on Domestic Sovereign Immunity. 43 A. International Law. 43 B. State Practice. 50 IV. Conclusion. 59 |
2015 |
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| Alfred R. Light |
Dealing with the Complexity of Settling Private Cercla Claims: Due Process, Article Iii, and Sovereign Immunity |
1 St. Thomas Journal of Complex Litigation Litig. 1 (Spring, 2015) |
The inaugural issue of the St. Thomas Law School's Journal of Complex Litigation, provides an opportunity to describe in a more comprehensive way the complex constitutional and practical problems with CERCLA's private cause of action. Part I explains the evolution of the EPA and the DOJ's position regarding the private cause of action under CERCLA... |
2015 |
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| Julien Chaisse |
Demystifying Public Security Exception and Limitations on Capital Movement: Hard Law, Soft Law and Sovereign Investments in the Eu Internal Market |
37 University of Pennsylvania Journal of International Law 583 (Winter 2015) |
1. Introduction. 585 2. Sovereign Wealth Funds In The Context Of Rising State Capitalism. 589 2.1. Operations of SWFs in Europe. 589 2.2. European concerns about SWFs. 591 3. Balancing Capital Flows and National Security: The EU International Commitments. 596 3.1. Implications for SWF Investment from the General Agreement on Trade in Services. 597... |
2015 |
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| Kaitlyn Schrick |
Does Anyone Have "Actual Knowledge" of What Effects the Cape Town Treaty Has Had on the Application of Philko Aviation, Inc. v. Shacket? |
67 Oklahoma Law Review 867 (Summer, 2015) |
There are currently competing laws in the United States regarding how a party must register and perfect his or her interest in an aircraft object. This conflict arose after the United States signed the Cape Town Convention on International Interests in Mobile Equipment and the Protocol to Convention on International Interests in Mobile Equipment on... |
2015 |
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| Nida Alvi |
Dressed to Oppress? An Analysis of the Legal Treatment of the First Amendment and its Effect on Muslim Women Who Wear Hijabs |
21 Cardozo Journal of Law & Gender 785 (Spring 2015) |
I. Introduction. 785 II. Background. 787 III. U.S. Constitutional Law and Circumstances Where it has been Regulated. 790 A. Schools. 791 B. Employment. 793 C. Police Force. 799 D. Identity. 801 IV. The Coercion of Assimilation by the Law. 803 A. Challenging Sincerity. 805 B. The Guise of Protection. 807 V. Modern Day Response. 809 A. The Rise of... |
2015 |
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