Twombly and Iqbal : Effects on Hostile Work Environment Claims
The Supreme Court decided two landmark cases, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, that interpreted Federal Rule of Civil Procedure 8(b)’s pleading requirement. The Court shifted from...
View ArticleInsecure Communities: How an Immigration Enforcement Program Encourages...
Domestic violence is a pervasive problem in American society. Undocumented immigrant women suffer disproportionately from spousal abuse due to language and cultural barriers. Undocumented domestic...
View ArticleThe Clinical Mission of Justice Readiness
Law schools strive to teach students to be practice ready. That noble goal, however, is not enough. Because of the powerful role that lawyers play in society, educators must also teach students to be...
View ArticlePractice Ready: Are We There Yet?
Clinical legal education is garnering more attention as a vehicle for providing the training required to graduate “practice ready” lawyers as law schools face economic concerns and increasing...
View ArticleBack to the Future of Clinical Legal Education
The premier strength of legal education resides in its dual identity as an academic department of a university and a professional school training future practitioners. This dual identity, which gives...
View ArticleThe Cost of Clinical Legal Education
Critics of clinical legal education often malign its expense and look to clinical budget cuts as the primary means of reducing costs in legal education. This narrow focus, however, ignores the...
View ArticleIs Social Justice Still Relevant?
Social justice remains relevant in teaching clinical legal education. The clinical legal education model teaches the basics of lawyering not otherwise taught in law school: a practical understanding...
View ArticleLosing My Religion: The Place of Social Justice in Clinical Legal Education
Many law school clinics presume a “social justice” mission—that is, representation of the indigent and under-represented about poverty law issues—as the only legitimate goal for clinic clients and...
View ArticleSedating Forgotten Children: How Unnecessary Psychotropic Medication...
State foster care systems are forcing many foster children to take high dosages of dangerous, mind-altering psychotropic medications. State actors have little medical background for each child and...
View ArticleToward Efficiency and Equity in Law Enforcement: “Rachel’s Law” and the...
Following the murder of Rachel Morningstar Hoffman—a 23-year old college graduate—Florida passed “Rachel’s Law,” which established new guidelines for the police when dealing with confidential...
View ArticlePeeking Under the Covers: Taking a Closer Look at Prosecutorial...
Queer youth are in a precarious position. In comparison to their heterosexual peers, queer youth are disproportionately punished in the criminal justice system, and they may be more vulnerable to...
View ArticleThe Right to Counsel?: The Eighth Circuit Allows Uncounseled Tribal Court...
On July 6, 2011, in United States v. Cavanaugh, the U.S. Court of Appeals for the Eighth Circuit held that prior, uncounseled tribal court convictions could be used to establish an element of a...
View ArticleThe Ninth Circuit's Redundant Remand in E.M. v. Pajaro Unified Valley School...
On July 14, 2011, in E.M. ex rel. E.M. v. Pajaro Valley School District, the U.S. Court of Appeals for the Ninth Circuit remanded a case because the district court applied an improper standard in...
View ArticleLowering the Bar Behind Bars: Chao v. Ballista and Prison Official Liability...
On March 25, 2011, in Chao v. Ballista, the U.S. District Court for the District of Massachusetts denied defendant prison officials’ motion for summary judgment on an inmate’s Eighth Amendment claims...
View ArticleNon-Strict Strict Scrutiny: The Fifth Circuit and the Grutter standard in...
On January 18, 2011, in Fisher v. University of Texas at Austin, the U.S. Court of Appeals for the Fifth Circuit held that a university’s admissions policy was constitutional because it had a...
View ArticleIn Water Wheel, the Ninth Circuit Corrects a Limitation on Tribal Court...
On June 10, 2011, in Water Wheel Camp Recreational Area, Inc. v. LaRance, the U.S. Court of Appeals for the Ninth Circuit held that a tribal court had jurisdiction over a non-Indian corporation and...
View ArticleThe "Bizarre Result": The Alien Tort Statute, The Westfall Act, and the...
On June 21, 2011, in Ali v. Rumsfeld, the U.S. Court of Appeals for the District of Columbia held that constitutional protections do not apply to noncitizen enemy detainees in a foreign theater of...
View ArticleVocational Schools Are No Vacation: Determining Who Really Benefits from...
On April 28, 2011, in Solis v. Laurelbrook Sanitarium & School, Inc., the U.S. Court of Appeals for the Sixth Circuit held that students who worked as part of the curriculum at a religious-based...
View ArticleOne Strike, You're Out: The Ninth Circuit Denies Second Chance for First-Time...
On July 14, 2011, in Nunez-Reyes v. Holder, the U.S. Court of Appeals for the Ninth Circuit filed an en banc opinion overruling Lujan-Armendariz v. INS in holding that, for immigration purposes,...
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