Amicus Blog
Sunshine Is Not Enough: State Responses to the Enforcement Crisis Caused by Forced Arbitration
This is a guest post authored by Jennifer Bennett, a Staff Attorney at Public Justice, and David Seligman, Director of Towards Justice, a non-profit workers’ rights law firm based in Denver, Colorado. Lots of attention these days is rightfully being paid to...
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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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This Week in Civil Rights and Civil Liberties: December 2, 2019
Welcome to This Week in Civil Rights and Civil Liberties. This week, the Department of Homeland Security’s Office of the Inspector General released a report on their investigation of the family separation policy, the Oregon Supreme Court limited the ability of police...
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FOR DETROIT AND THE NATION, A CONSTITUTIONAL RIGHT TO AN EDUCATION IS A WORTHWHILE PURSUIT
Photo credit: Leigh Taylor/The Detroit News Earlier this month, the Sixth Circuit heard oral arguments for a case filed by Public Counsel, a national pro bono law firm which focuses much of its resources on children’s rights, which claims that the conditions in...
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Ignoring the Intersectionality of Gun Violence
It’s easier to write off each bout of gun violence as a one-time tragedy, and forget about it until then next one, than it is to address the ways that gun violence disproportionately kills women, racial, ethnic and religious minorities, and members of the LGBTQ+ community.
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This Week in Civil Rights and Civil Liberties: November 25, 2019
Welcome to This Week in Civil Rights and Civil Liberties. This week, a federal district judge issued an injunction against the impending executions of federal death row prisoner, in order to allow them time to challenge the government’s proposed method of lethal...
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The Problem with Defining Tort Damages in Terms of Race and Gender
Earlier this year, California enacted SB 41, a bill which prohibits “the estimation, measure, or calculation of past, present, or future damages for lost earnings or impaired earning capacity resulting from personal injury or wrongful death from being reduced based on...
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THE CASE AGAINST CENTRAL SQUARE’S BUSINESS IMPROVEMENT DISTRICT
Just a few months ago, Cambridge City Council approved the creation of a business improvement district in the area around Central Square. Business improvement districts (BIDs) are special assessment districts created when property owners want to “initiate, manage and...
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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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Purpose: What FedSoc Got Wrong About Clinics, and How Students Can Learn From Their Mistake
The civil rights and civil liberties of poorer individuals may be at increased risk as they have few options for legal representation. If those of us that participate in clinics and student practice organizations take their representation seriously – which, I would posit, we must – then we must ensure that our representation is as vigorous as possible.
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This Week in Civil Rights and Civil Liberties: November 18, 2019
Photo Credit: Gary Coronado/Los Angeles Times Written by Annie Forestiere & Annie Wilt This Week in Civil Rights and Civil Liberties: November 18, 2019 This week, the Supreme Court heard oral arguments in a landmark case that will decide the future of DACA and...
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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
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
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/.
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
BREAKING: @realdonaldtrump ordered to pay $2M in damages for misusing a charity’s money — using it to buy portraits of himself, pay legal settlements, and help his 2016 campaign. https://www.washingtonpost.com/politics/trump-ordered-to-pay-2-million-to-charities-over-misuse-of-foundation-court-documents-say/2019/11/07/b8f804e2-018e-11ea-9518-1e76abc088b6_story.html
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/
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/