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Incentive-Based Compensation Arrangements: An Examination of the Wells Fargo Scandal and the Need for Reform in Financial Institutions
Get PDFOnly 1 in 4 women who have been sexually harassed tell their employers. Here’s why they’re afraid
No full textOn May 30, a grand jury indicted Harvey Weinstein on charges he raped one woman and forced another to perform oral sex on him. And new allegations and lawsuits against the movie producer continue to pile up.
Since the earliest reports of his abuse came out in October, scores of women in Hollywood have taken to social media and shared their own stories of sexual assault and harassment by Weinstein. And thanks to the #MeToo movement, women in a range of professions have also found their voices heard, helping topple dozens of other once-powerful men in entertainment, media, sports, business, politics and the judiciary.
But a question #MeToo has been asking since the beginning is how will this affect the lives of women far from the high-powered worlds of Hollywood and Washington. Is this making it any easier for a low or mid-wage worker in middle America to rid her workplace of a sexual harasser?
One important way of doing this is by making an official complaint to the employer. But while women will often complain to family or even on social media, most don’t tell their companies of the misconduct. In fact, barely 1 in 4 ever do.
How come?
Based on experience litigating sexual harassment cases as well as my research, I have determined there are three legal barriers that stand in the way of workers filing complaints – a critical step to rooting out harassment and protecting employees
Innovating Criminal Justice
Get PDFFrom secret stingray devices that can pinpoint a suspect’s location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools. This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed criminal justice technologies from vigorous cross-examination and review. Second, the Article argues that private law secrecy surrounding the inner workings—or even the existence—of these criminal justice technologies imposes potentially unconstitutional harms on individual defendants and significant practical harms on both the criminal justice system and the development of welldesigned criminal justice technology. Third, the Article brings the extensive literature on innovation policy to bear on the production of privately developed criminal justice technologies, demonstrating that trade secrecy is not essential to either the existence or operation of those technologies. The Article proposes alternative innovation policies that the government, as both a funder of research and the primary purchaser of criminal justice technologies, is uniquely well-positioned to implement
The Stateless: Millions of People Forgotten and Left Without Adequate Immigration Assistance, Where does the United States fit into the Plight of the Stateless?
Get PDFWhat is citizenship? What does it mean to be American, French, Sudanese, Thai, or Bolivian? Is it simply being born in any given country or is it something more than that? These are questions that for many people, they rarely think about on a daily basis, and yet for some, this question plagues every second and every ounce of their being. On a Sunday afternoon in December, thousands of people watch National Football League games. Prior to the start of every game, the National Anthem is sung. Some fans sing along, some fans stand in silence, some players pray, and others simply remove their hats and place their hand over their hearts. One thing that connects them all, is the proud feeling of being American. It is a feeling that most take for granted. Every day, people wake up and go about their lives, and don’t give much thought, if any at all, to the fact that they are a United States citizen. For millions of people in the world, the sense of pride that comes with being a national of a country is nonexistent because they are without a nationality; they are stateless. Jay Milbrandt noted that “statelessness is an often-overlooked struggle. We take for granted that we have legal identity and officially belong to a nation.
University of Baltimore Journal of International Law, Volume 6, Issue 1 (2017-18) Front Matter
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A Twenty-First-Century Olympic and Amateur Sports Act
Get PDFRecent scandals involving national governing bodies for sport and allegations of athlete abuse have captured media attention. The most recent, focusing on the actions of USA Gymnastics, prompted Congress to propose legislation to require better protections for Olympic Movement athletes. Signed into law on February 14, 2018, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 designates the United States Center for SafeSport (SafeSport) as the independent organization charged with exercising jurisdiction over the United States Olympic Committee (USOC) and sport national governing bodies to safeguard amateur athletes against all forms of abuse. Congress’s instincts in this regard are admirable, and the empowerment of SafeSport is critically important. However, this Article asserts that the issue targeted by the recently enacted legislation must be viewed in the context of the overall regulation of Olympic and amateur sport in the United States. In doing so, Congress should consider more comprehensive reform that goes beyond the issue of athlete abuse. Instead, Congress should further amend the Ted Stevens Olympic and Amateur Sports Act, the statute establishing the USOC and regulating the US Olympic program, to address the new realities of Olympic and amateur sport in the United States. Specifically, this Article asserts that the statute should be amended to require reforms in three areas: athlete health and well-being, whistleblowing, and gender equity in the US Olympic program. In addition, this Article argues that Congress should enact a true amateur sports act, with a primary feature being the creation of an entity charged with developing an agenda and reforms for youth and amateur (non-Olympic) sports