Amicus Blog

James Wiseman, the NCAA, and State Action

Ultimately, the NCAA has created a disciplinary apparatus that imposes severe punishment on schools who defy its eligibility recommendations, while simultaneously escaping accountability for those recommendations by making the universities take the final action. This is a perversion of our constitutional system that purports to protect an individual’s ability to hold powerful actors accountable and instead renders athletes powerless. Schools escape accountability by deferring to the NCAA, while the NCAA claims its conduct is private and exempt from the requirements of constitutional rights.

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Reframing the Pro Se Litigation Crisis

Access to justice efforts should think beyond procedural tweaks making procedures fairer and should instead focus on reforms that focus directly on helping litigants resolve the underlying socioeconomic problem that motivates them to come to court.

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PRISON GERRYMANDERING AND THE 2020 CENSUS

Connecticut is one of close to forty states that utilizes prison gerrymandering in its state legislative districting: the practice of counting prisoners as residents of the district in which they are incarcerated instead of the district of their pre-incarceration...

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We need to get the #FAIRAct through the Senate—but until that happens, it's up to states to respond to the forced arbitration crisis. Fantastic new @HarvardCRCL post from @BennJennett & @daveyseligman on how states can take action.

#EndForcedArbitration

https://harvardcrcl.org/sunshine-is-not-enough-state-responses-to-the-enforcement-crisis-caused-by-forced-arbitration/

Still hoping that courts will revive a general liberty or expression right to student dress freedom as @djuna22 and I advocated in @HarvardCRCL. In the meantime, Equal Protection, Free Exercise, and compelled speech doing a decent job policing the boundaries of gov’t overreach. https://twitter.com/galenleigh/status/1199442702582059008

galen sherwin@galenleigh

Another thing to be thankful for this week: declaratory judgment finding that the provision of Charter Day School dress code requiring girls to wear skirts violates Equal Protection, & order permanently enjoining the school from establishing or enforcing the provision. Justice!

As someone who used to assist accused students in Title IX proceedings, I think I’m in a good position to say that DeVos’s “due process” regs are unnecessary and dangerous. When they were proposed, I wrote about it for @HarvardCRCL’s blog: http://harvardcrcl.org/why-betsy-devo… https://twitter.com/azbrodsky/status/1192104171664822274

Alexandra Brodsky@azbrodsky

We are expecting @BetsyDeVosED’s final regulations on Title IX and sexual harassment within the month. Based on the previously published proposed rules, we have good reason to think they will be bad.

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/.

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/.

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/

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