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Zero Sympathy: Unaccompanied Minors\u27 Rights in the US Immigration System
Get PDFThis note analyzes the US Government\u27s approach to unaccompanied minors and the webs they must navigate when they are apprehended by the US immigration system. More importantly, this note calls for reformative approaches to children\u27s rights through acknowledging the differences between adults and children while simultaneously taking their vulnerability and autonomy into account. After explaining the migrant crisis along with its implications and examining the underlying reasons fostering this movement, this note discusses the legal options available for unaccompanied minors. It draws on the shortcomings of the immigration system as the system labels unaccompanied minors as dependent children, but also treats them as adults. Further, this note establishes and calls attention to the long-term impact of this system on detained children. The note concludes by examining international law more specifically, the Canadian approach outlining how the US system can adopt certain policies to better its treatment of unaccompanied minors and refrain from further human rights violations
Sexual Harassment: A Doctrinal Examination of the Law, An Empirical Examination of Employer Liability, and A Question About NDAs— Because Complex Problems Do Not Have Simple Solutions
Get PDFThe #MeToo movement casts critical light on the pervasive nature of sexual harassment, particularly in the employment context, and continues to motivate a number of initiatives that address important social and workplace ills. The problems this movement has uncovered, however, run much deeper and likely exceed the scope and capacity of many of the proposed “fixes” it has inspired. Worse still, however, is that some of the proposed fixes may prove counterproductive. This Article examines the history and development of the relevant employment laws, empirically assesses judicial holdings on the employers’ affirmative defense to liability, and argues that many employees may be better off with a nondisclosure agreement (NDA) in many instances. Our conclusion sketches out the basic contours of an alternative legal standard, a new affirmative defense, and related policy initiatives that call into question the common perception that privacy benefits employers and not employees
Trademark and Unfair Competition in a nutshell, 3rd ed.
No full textThis text provides a comprehensive treatment of the law of trademark, unfair competition, false advertising, and the right of publicity.https://www.repository.law.indiana.edu/facbooks/1279/thumbnail.jp
Law, the Military, and the Power of Education
No full textJamal Sowell, JD 2017, has served most recently as the Florida Secretary of Commerce (the CEO of Enterprise Florida, Inc.), the state\u27s principal economic development organization. He is also a US Marine, a veteran of Operation Enduring Freedom in Afghanistan. Jamal talks about the influence of the law and the military on his career.https://www.repository.law.indiana.edu/coldcall/1006/thumbnail.jp
Exploring International Investigations
No full textErin, \u2700, is an attorney in Chicago with Jenner and Block, where she is the co-chair of the firm\u27s Investigations, Compliance. and Defense Practice, and a member of the firm’s Monitorship Practice. She represents clients across a variety of industries in investigations and complex litigation, including cross-border investigations into financial crimes and corruption.
Erin is at the top of her field. Last year, she was named by Crain’s Chicago as one its “Notable Women in Law” in 2020, while in 2018 Global Investigations Review recognized her as one of the top 100 worldwide “Women in Investigations.” She previously was named by the National Law Journal as a Chicago 40 Under 40,” and she has been named several years a Rising Star in Illinois. Just recently she was named to Best Lawyers in America for White Collar Criminal Defense. She has twice received the Mentor Award from the firm’s Associates Committee including most recently in 2020, and is the former co-chair of the firm’s Women’s Forum and a member of its Steering Committee.https://www.repository.law.indiana.edu/coldcall/1008/thumbnail.jp
Toward a Law and Politics of Racial Solidarity
Get PDFThe killings of George Floyd, Michael Brown, Trayvon Martin, and others have occurred under different factual circumstances, in different states, at the hands of both state and private actors, and have engendered different levels of outrage on the basis of their perceived egregiousness. Collectively and cumulatively, they have forced Americans to, once again, wrestle with the visible manifestation of racism and structural inequality. This confrontation is not simply a function of the inability to avert one’s eyes when faced with incontrovertible evidence of evident inhumanity and abject degradation, though it is in part that. After all, how to justify the deployment of state power to literally snuff the breath of another human being who was otherwise harmlessly restrained and presented a threat to no one? Or, how not to be appalled by three white men effectively hunting down and shooting a black man who was simply jogging? These facts are self-evidently heinous, and the only acceptable reaction is outrage.
Ours is a moment rife with the possibilities of racial justice. Fundamental change seems possible. The question for the future is about how to harness this moment to make this fundamental change real and lasting. How does a movement translate its demands into actionable policy? In this Essay, we argue for a three-step incremental process, from protest to politics to law. Taking as our example the case of the Voting Rights Act, we illustrate how the Freedom Movement went from its voting rights campaign to the heart of the Democratic Party and ultimately to August 6, 1965, when President Johnson signed the Voting Rights Act into law. Fundamental change, as we show in the pages that follow, requires all three steps
The Future of Banking: Bank Consolidation, Nonbank Competition, and Technology, Hearing Before the Subcommittee on Consumer Protection and Financial Institutions, House Committee on Financial Services
No full textA hearing on the future of banking and bank consolidation, conducted by the Subcommitee on Consumer Protection and Financial Institutions of the House Committee on Financial Services
Is Open Access Equal Access? PACER User Fees and Public Access to Court Information
Get PDFOur country has a long history of striving for openness and transparency in government processes. In 1978, the United States Supreme Court held, “It is clear that the courts of this country recognize a general right to insect and copy public records and documents, including judicial records and documents.” Long before America’s high court recognized this common law principle, court records were historically accessible for inspection by lawyers, journalists, land title companies, credit agencies, academics, and members of the general public. These individuals were also permitted to take notes as a part of their right to inspect court documents. Having free access to copies (i.e. reproductions), however, was a completely different matter. Unlike the right of free inspection, the right of free copies did not exist, and copies of court records could be extremely expensive to citizens seeking the information. For example, in 1853, a copy of a court document was ten cents a page, a steep price for the mid-nineteenth century. One could even make an argument that the right to simply inspect court documents was not actually “free” for many, due to the associated travel costs of physically going to the courthouse in an era before mass transportation and the internet
