Marquette University

Marquette University Law School
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    7078 research outputs found

    Necessary Coverage for Authentic Identity: How \u3cem\u3eBostock\u3c/em\u3e Made Title VII the Strongest Protection Against Employer-Sponsored Health Insurance Denial of Gender-Affirming Medical Care.

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    In June 2020, the United States Supreme Court held that Title VII protection from discrimination on the basis of sex extended to LGBTQ+ employees. The Bostock v. Clayton County, Georgia decision dealt with three separate cases where LGBTQ+ employees had been fired from their jobs based on either their sexual orientation or gender identity. While the shared issue in these cases had to do with employee termination, the textualist argument presented by the Court leads many legal scholars to believe that the holding would be applicable to other areas of employment discrimination covered by Title VII such as employer-sponsored healthcare coverage for gender-affirming medical care

    The Joys of Mentoring

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    Regulating Facial Recognition Technology In An Effort To Avoid A Minority Report Like Surveillance State

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    In Steven Spielberg\u27s science fiction film Minority Report, the film focuses on how technology is used in the future, as well as how society uses and understands that technology. Specifically, Minority Report focuses on eye-scanners that allow the police and corporations to track down and identify people on a daily basis. This movie identifies that there is a clear line that must be drawn between an individual\u27s right to privacy and the law enforcement agency\u27s ability to ensure safety. Like the technology in Minority Report, the use of facial recognition technology has led to much debate, mainly focused on privacy and civil liberties, but also encompassing constitutional and other legal concerns. These debates will raise very difficult questions regarding what a privacy right even entails and how much surveillance an individual is willing to allow with the hopes of a safer lifestyle. The discussion on how the United States utilizes facial recognition technology shows what a world looks like when unregulated surveillance techniques clash with tightly protected constitutional rights, while the discussion on how China utilizes facial recognition technology shows what happens when a government is left to surveil individuals with no repercussions at all. Both the United States and China are presently using facial recognition technology in a manner that is unacceptable. Individuals\u27 rights and freedoms must be guaranteed to avoid a draconian surveillance state where all privacy and civil liberties disappear into the lens of a camera

    School-to-Prison Pipeline

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    This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators reforming the juvenile justice system from rehabilitative to punitive over the years in an attempt to hold delinquent youth accountable for their actions. Federal statutes have been enacted and federally funded programs have been implemented that seek to address the mental health crisis in today’s youth and keep mentally ill youth out of the juvenile justice system. This article discusses the goals, regulations, and guidelines set forth by these statutes and programs along with the shortcomings that are faced when they are actually put into practice. This article then gives suggestions to improve these statutes and programs based on current research that has proven to be successful

    Wisconsin Law Reinforces White Supremacy Through Article XIII, Section 3 of the State Constitution

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    Foreword

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    Defining Deliberate Indifference and Institutional Liability Under Title IX

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    Marquette University Law School
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