Vol. 54, No. 2

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Read about civil rights law’s inner-city crisis, parental rights, jails as polling places, and more in the latest edition of the Harvard Civil Rights-Civil Liberties Law Review.

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Recent Volumes

Vol. 54, No. 2, Summer 2019

Read about civil rights law’s inner-city crisis, parental rights, jails as polling places, and more in Vol. 54, No. 2.

Vol. 54, No. 1, Spring 2019

Read about consumer abuses in the criminal legal system, energy and environmental justice, forced arbitration, and more in Vol. 54, No. 1.

Vol. 53, No. 2, Fall 2018

Read about indigenous water rights, prison labor, infrastructural exclusion, and more in Vol. 53, No. 2.

The Latest

2019 Ames Moot Court Finals Live Blog

Welcome to the 2019 Ames Final, live from Austin Hall in Cambridge, Massachusetts! Live coverage begins at 7:30pm. The following information is courtesy of the HLS BSAs.  You can see all of tonight’s information, including copies of the briefs, here. The Ames...

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This Week in Civil Rights and Civil Liberties: November 11, 2019

This week, a federal judge invalidated a Trump Administration policy that would have limited the availability of abortion services, and nearly 500 incarcerated people in Oklahoma were released from prison. Also, following elections in several states including Kentucky and Virginia, several candidates were elected who had campaigned on platforms related to civil rights. 

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Text and Purpose in the Supreme Court’s Title VII Cases

On October 8th, the Supreme Court heard oral arguments for three cases, Bockstock v. Clayton County, Georgia, Altitude Express v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, each of which asks whether Title VII of the Civil Rights Act of 1964, which forbids employement discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation or gender identity. All three cases pit the text of Title VII against the intentions of its drafters, who all parties agree, did not specifically intend to protect LGBT individuals.

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Taking Liberties Episode 9

On this episode, our hosts speak with James Esseks, Director of the ACLU's LGBT & HIV Project, about Bostock v. Clayton County, Altitude Express Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, three major cases currently before the Supreme Court...

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CR-CL's annual HLS Ames Final Live-blog is LIVE with blow-by-blow commentary by Nicole Franklin as the student competitors face-off before a panel of judges, including Judge Merrick Garland! https://harvardcrcl.org/2019-ames-moot-court-finals-live-blog/.

In light of today's finding against the Trump foundation, I've written a post for the @HarvardCRCL Amicus blog on the importance of transparency in ideological nonprofits. https://harvardcrcl.org/nonprofits-dafs-and-campaigns-a-call-for-more-transparency-in-ideological-nonprofits/ https://twitter.com/Fahrenthold/status/1192535254919237632

Great to talk with @HarvardCRCL (where I was a staffer 30 years ago -- oy) about the LGBTQ discrimination cases before SCOTUS https://twitter.com/jaredodessky/status/1192481402916409344

For @HarvardCRCL, @emilythemorrow and I spoke to James Esseks of the @ACLU LGBT & HIV Project about his thoughts coming out of oral argument for the Title VII LGBTQ cases before the Supreme Court https://harvardcrcl.org/taking-liberties-episode-9/

Looking forward to giving this talk next week--thank you to @houstoninst @HLS_CJPP @HarvardCRCL @HarvardPDC & the HLS branches of @LPEblog & NLG for inviting & sponsoring. And especially to @MassBailFund for joining me in conversation. Can't wait!

Annie Forestiere exposes the reality of a little-known, but often invoked, legal defense that allows defendants to escape full culpability for crimes against victims simply by showing their alleged "panic" at the realization that their victim is LGBTQ+.

https://harvardcrcl.org/lgbtq-panic-the-dark-ages-defense-strategy-you-didnt-know-existed/

Amanda Epstein explores whether prosecutors' ability to change the theory of their case at any time violates Due Process and fundamental norms of fairness for defendants.

https://harvardcrcl.org/searching-for-the-truth-not-convictions/

@HilaShamir @goetheuni @ERCDomEQUAL @mar_sabri I highly recommend the latest article by my wonderful @SUCollegeofLaw colleague Nina Kohn on American courts' acceptance of contracting btwn elderly ppl and their family #caregivers: "For Love and Affection" in @HarvardCRCL. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3393813. The conference sounds amazing!

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