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Immigration Detention as a Violation of Transgender Detainees’ Substantive Due Process Rights
Noncitizens in immigration proceedings are often subject to civil detention pending a final decision on their case. Transgender individuals in immigration detention are at high risk for physical and sexual assault, cruel and degrading treatment, denial of necessary medical care, and protective isolation. The well-documented harms caused to transgender individuals in detention violate Fifth Amendment substantive due process. This Article documents the harms of immigration detention specific to the transgender community, reviews substantive due process jurisprudence in the civil detention context, and analogizes Eighth Amendment claims for transgender prisoners to substantive due process claims. Immigration detention is predicated on the government’s interest in noncitizens appearing for their hearings. The Article concludes by exploring alternatives to detention that are effective enough to safeguard the government’s interest while promoting the fair application of our immigration laws and safeguarding the rights of transgender noncitizens
Three Generations, No Imbeciles: Eugenics, the Supreme Court, and \u3ci\u3eBuck v. Bell\u3c/i\u3e
The Supreme Court Decision in \u3ci\u3eDobbs v. Jackson Women\u27s Health Organization\u3c/i\u3e: What Is Says and What It Means
The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey, removing federal protection of abortion rights and allowing states to regulate. About half of states are expected to limit access to abortions, with some states banning the procedure entirely. Acknowledging that there are impassioned voices on both sides of the issue, this panel will describe the legal trajectory of women’s reproductive rights, including the history that led to Dobbs, discuss the impact of the case on states, including Georgia, and analyze the far-reaching implications for constitutionaland other areas of the law
SB 85: Mandatory Reporting of Hazing-Related Violations
The Act expands the definition of “hazing” to include actions subjecting a student to physical endangerment as well as actions coercing the student to engage in behavior that would subject the student to a likely risk of vomiting, intoxication, or unconsciousness. Additionally, the Act imposes a mandatory reporting requirement on Georgia colleges and universities to report hazing-related violations
HB 94: Criminalizing Porch Piracy
The Act criminalizes the possession of stolen mail and the theft of mail or packages from the porch or entrance of a residential building. A violator may be subject to felony prosecution and imprisonment of one to five years
HB 146: Paid Parental Leave
The Act establishes a paid parental leave program for certain public employees of Georgia. Eligible employees include those who work for the executive, legislative, or judicial branches of the state government as well as those employed by local boards of education. The Act provides that such employees, both mothers and fathers, are eligible to receive 120 hours of paid leave per twelve-month period after birthing, adopting, or fostering a child