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Dehumanization \u27Because of Sex\u27: The Multiaxial Approach to the Title VII Rights of Sexual Minorities
Get PDFAlthough Title VII prohibits discrimination against any employee “because of such individual’s . . . sex,” legal commentators have not yet accurately appraised Title VII’s trait and causation requirements embodied in that phrase. Since 2015, most courts assessing the sex discrimination claims of LGBT employees began to intentionally analyze “sex” as a trait using social-construction evidence, and evaluated separately whether the discriminatory motive caused the workplace harm. Responding to what this Article terms a “doctrinal correction” to causation within this groundswell of decisions, the Supreme Court recently issued an “expansive” and “sweeping” reformulation of but-for causation in Bostock v. Clayton County, one that combined the sex-trait analysis with causation analysis in determining that “traits or actions” related to sexual orientation or gender identity are protected.Because Bostock did not foreclose the use of social evidence or intersectional approaches in additional subordination contexts in which sex is a factor, this Article builds on this important development by introducing “multiaxial analysis,” a framework with which judges and stakeholders identify the role of Title VII’s protected traits as socially constructed along four axes: the aggrieved individual’s self-identification, the defendant-employer, society, and the state. This context-sensitive approach to subordination has the potential to give fuller effect to Title VII’s provisions and purposes as compared to sex-stereotyping theory or the Court’s reformulated “but-for causation.” Uncoupling causation from the sex trait analysis realizes the statute’s civil rights protections within relational, structural, and institutional dynamics as the law increasingly recognizes that the scope of sex extends beyond a fixed binary
The Gen Z Juror
Get PDFThe Magna Carta drafters did not contemplate Facebook, Twitter, or texting when they formalized the jury system, a system that remains mostly unchanged 800 years after its inception. Those primed for jury duty over the coming decades have grown up with a cell phone in their hand and news at their fingertips. It is unreasonable to expect Gen Zers to meet the “radio-silence” mandate of jury duty. As smartphones become the de facto method of communication, courts, legislatures, and scholars offer prohibitions, admonitions, and increased punishment to curtail juror misconduct. These reforms, however, do little to prevent the kind of harmful error they seek to avoid. Instead, jury reforms deter members of an already-reluctant jury pool and demonize communications that do not infringe on defendants\u27 due process rights. This Article explains why the presence of smartphones demands courts exercise flexibility and understanding when considering juror misconduct. Juror misconduct reforms are overreaching and unnecessary; harmless error review is all that is necessary to regulate juror smartphone use. In this instance, the presence of new technology demands change; failure to accommodate Gen Z communication will yield a breakdown in our jury system
A Look at Digital Publishing Startups, Self-Publishing, and the Diminishing Role of Literary Agents.
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The Lack of Asian American Representation in American Pop Music
Get PDFThe purpose of this study is to analyze why there are fewer East and Southeast Asian Americans in the American pop music industry compared to other ethnicities and to see what factors influence these statistics. The data analyzed consisted of five interviews, all of whom were involved in the music industry as either musicians or managers. Data from the most recently signed artists to the top three major music companies, Warner Music Group, Sony Music Entertainment, and Universal Music Group, was also analyzed to see the most popular genre signed and most frequent ethnicity signed. From the data gathered from the record companies it was concluded that Pop music was the most likely signed genre and that White Americans were the most likely signed artists and more K-Pop artists were signed than Asian American artists. It was also concluded that the lack of representation in the participants\u27 youth made an impact on why they wanted to pursue music. There was also a cultural pressure, from their parents or family, for the participants, but that they continued on the path they wanted to pursue and that mentorship from others in the industry played a big part in their pursuit in their fields
Bringing Animal Protection Legislation Into Line With its Purported Purposes: A Proposal for Equality Amongst Non-Human Animals
Get PDFThe United States has a strong history of enacting laws to protect animals from the pain and suffering inflicted by humans. Indeed, the passage of the Massachusetts’ Body of Liberties in 1641 made it the first country in the world to pass such laws. Nevertheless, contemporary animal protection laws in all jurisdictions of the United States are limited in their ability to adequately realize their primary purpose of protecting animals from unnecessary or unjustifiable pain and suffering. This is a result of limited statutory definitions of ‘animal’ and far-reaching exclusions commonly found in animal protection legislation. These exclusions frequently apply to farm animals, animals used in experiments as part of scientific or medical research, and animals that are the subject of hunting or fishing. While the purpose of animal protection laws is clearly supported by scientific research, they largely fail to achieve their purposes for most animals. Accordingly, this Article advocates for the introduction of an equality principle into animal protection laws in order to enable those laws to better meet their primary purpose of preventing and punishing cruelty to animals. The Article proposes that an equality principle be adapted from international human rights law to generally provide that all sentient animals are equal before the law and entitled to the equal protection of the law. Implementation of such a principle would require significant amendments to animal protection laws, including the introduction of an express statement of equality amongst animals, creation of an overarching prohibition on conduct causing animals unnecessary or unjustifiable pain and suffering, and removal of existing discriminations against animals (including farm animals, research animals and animals that are hunted or fished). These amendments, if enacted and enforced, would operate to significantly reduce, as well as punish, the unnecessary cruelty that animals experience in contemporary society
Landlord-Tenant Revolution Redux: New York’s “RAD” Landlord-Tenant Law Revisions
Get PDFIn June 2019, New York adopted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), 2019 N.Y Laws ch. 36, amending various sections of the existing substantive and procedural laws regulating landlord-tenant relations. Calling the HSTPA “rad” suggests two things: from the perspective of housing advocates and tenants, it is “awesome” but for property owners and investors, it is concernedly “radical.”
Both meanings are apt because of the sweeping changes the HSTPA makes to the traditional landlord-tenant dynamic--from tenancy creation to perpetual rent controls to post-judgment relief, creating what might be described as a “statutory lease.” Both sides of the dynamic might even describe the HSTPA as a revolution: the housing advocates and tenants, who see it as a much-needed adjustment in the balance of the fortunes of those needing accessible housing and those profit-seekers in the business of providing it; and the owners and investors, who believe it takes away well-established rights and expectations of ownership.
This legislation marks the second revolution in landlord-tenant law, the first having started in the 1950s and culminating in a decided movement away from the classic paradigm in which all the rights resided in the landlords and all the burdens were placed on the tenant, to one more centered between the parties. Although this second revolution emerging in New York and a few other jurisdictions at first take seems promising, however, it may yet cause losses for tenants as a socioeconomic cohort
Designing a School: Creating a Map for Pace University
Get PDFThe map of a university is an essential tool for students, not only for navigation but also to promote the campus. When the map is outdated, students don’t find it functional and it can not complete its purpose. With the map of Pace University’s downtown campus, a new design was needed to go with the renovations that are taking place. When redesigning the map, features that are seen amongst the most common maps should be considered in the design. One feature that most maps now have is some sort of interactivity. To include this, maps have an online version that students can access from phones or computers. In my designs, I have redesigned the current map in a manner that is more beneficial to current students. While the designs stand on their own, they are also the basis for a more expanded design in the future. In this project, I am addressing the need for a more modern and functional system for the navigational needs for the Pace University community