Yale Law Journal. And student-employees often fail to bring Title IX claims that more fulsomely capture this discrimination. Looking forward, courts...
Yale Law Journal. And student-employees often fail to bring Title IX claims that more fulsomely capture this discrimination. Looking forward, courts...
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There's a word for why we're all probably at least a little bit racist, even if we really don't want to be: Implicit bias. It's a term that describes what's happening when, despite our best intentions and without our awareness, racial stereotypes and...
Understanding the racial bias you didn't know you had Barack Obama has been confused with a valet. Teachers have lower expectations for black and Hispanic students. Jurors are more likely to see darker-skinned defendants as guilty. Sure, you could...
Miguel Angel Peña-Rodriguez is a victim of discrimination; that, nobody denies. Nine years ago, two teenage girls accused him of sexually assaulting them in a Colorado public bathroom, and a jury convicted based exclusively on the girls’ own testimony...
If even a small amount of racial bias is perceived during “private” jury deliberations, trial judges are permitted to bypass the rule protecting the secrecy of deliberations to ensure defendants get a fair trial, the Supreme Court ruled Monday, March...
I sometimes imagine conference at the U.S. Supreme Court as a bit like some holiday dinners I have attended, events dominated by comments like, “Some people think it’s okay to take the last of the gravy,” or “That pie looks so delicious it makes me wish...
Americans are increasingly polarized on gun rights and gun policy, leading some scholars to ask whether the Second Amendment provides a tool to manage disagreement and promote decentralization. Joseph Blocher’s Firearm Localism takes up this perspective...
In United States v. Jones, five Supreme Court Justices wrote that government surveillance of one’s public movements for twenty-eight days using a GPS device violated a reasonable expectation of privacy and constituted a Fourth Amendment search...
In this Essay, Professor Ramachandran examines Professor Rubenfeld’s concept of self-possession, which Rubenfeld presents as a helpful way to define the harm of rape. She argues that if the concept represents exclusive physical control over one...
In this Essay, Professor Patricia J. Falk argues that Professor Jed Rubenfeld’s solution to the “riddle of rape-by-deception” goes too far in eviscerating the body of rape law that courts and legislatures have developed over the past...
Modern rape law lacks a governing principle. In The Riddle of Rape-by-Deception and the Myth of Sexual Autonomy, Jed Rubenfeld contends that the most obvious candidate—sexual autonomy—is inadequate. I agree, though for vastly different reasons...
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Courts routinely deny student-employees facing sex discrimination the expansive Title VII protections they deserve, and student-employees often fail to bring Title IX claims that more fulsomely captur...
Yale Law Journal - Do Human Rights Treaties Make a Difference?
111 Yale L.J. 1870 (2002)Do countries comply with the requirements of human rights treaties that they join? Are these treaties effective in chan- ging changing states' behavior for the better? This Ar...
Yale Law Journal - Fifty Years of Defiance and Resistance After Gideon v. Wainwright
122 Yale L.J. 2150 (2013).In its 1963 ruling Gideon v. Wainwright, the Supreme Court declared the right to a lawyer “fundamental and essential” to fairness in the criminal courts and held that lawyers...
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