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Kirsten K. Davis, Reading Legal Writing Together: Reading Groups Can Build the Disciplinary Community of Legal Writing Scholars, 23 Legal Writing 31 (2019)Clicking on the button will copy the full recommended citation.
This essay describes how a reading group of scholars can help develop community in a scholarly discipline.
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Jason S. Palmer, Emotional Intelligence and Homophobia, 54 Wake Forest L. Rev. 1135 (2019)Clicking on the button will copy the full recommended citation.
Emotional intelligence dictates that individuals react in a certain way because they are wired to respond emotionally to certain triggers. These emotional triggers can be either positive or negative. Those who understand the use of negative emotional intelligence can channel manipulative behavior into concrete outcomes as a direct result of the feelings created. Negative emotional intelligence thus can be used to perpetuate groupthink, which leads to bias, prejudice, stereotypes, and stigmatization.
Bias, both deliberate and implicit, is still prevalent with regard to the lesbian, gay, bisexual, and transgender (“LGBT’) community despite the strides and advances that have occurred since the Supreme Court ruling in Obergefell v. Hodges. This proposition is demonstrated in “religious freedom” arguments presented in the Supreme Court case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. It is also apparent in the Department of Defense’s “national security” approach to transgender individuals. The use of these terms — “religious freedom” and “national security” — allows people to mask their implicit bias and permits marginalization of this minority group.
This Article will demonstrate that by using the lenses of religious freedom, religious speech, and national security, anti-LGBT bias can be disguised and the dignity of LGBT individuals harmed. These lenses allows individuals to argue that it is not homophobic to refuse to bake a cake or take wedding photos, or that it is not transphobic to ban transgendered individuals from military service, but rather it is a principled stand based on religious beliefs and national security. To counter these negative attacks, positive emotional intelligence must be reinforced through reiterating and reflecting on how values such as equality and dignity should uphold the social good and not be used to harm a disenfranchised and minority group.
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S. E. Darrah et al., Improvements to the Wetland Extent Trends (WET) Index as a Tool for Monitoring Natural and Human-Made Wetlands, 99 Ecological Indicators 294 (2019)Clicking on the button will copy the full recommended citation.
Indicators of status and trends in wetland extent are essential for monitoring progress towards the environmental targets set by the Convention on Biological Diversity (CBD), the United Nations Sustainable Development Goals (SDGs) and the Ramsar Convention on Wetlands. Here, we test the value of the Wetland Extent Trends (WET) index as an updatable indicator of trends in wetland area and its application to global and regional scale assessments and national reporting. We expand the indicator to include a regional trend for Latin America and the Caribbean and a global human-made WET index. Based on a sample of over 2000 wetland records, natural wetland extent declined on average by 35% globally, at an increasing rate from 1970 to 2015. Human-made wetlands, however, increased by 233% from 1970 to 2014. The continuing decline in natural wetland extent suggests that global targets will not be achieved without significant further efforts.
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Royal C. Gardner et al., CWA In-Lieu Fee Mitigation: Project and Programmatic Risks, 49 Envtl. L. Reporter News and Analysis 10538 (2019)Clicking on the button will copy the full recommended citation.
In 2008, after prompting by the U.S. Congress, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) issued a regulation governing compensatory mitigation under the Clean Water Act (CWA). The agencies’ primary goal was to improve the effectiveness of mitigation projects to offset the impacts of filling wetlands and streams. The 2008 Compensatory Mitigation Rule was also designed to level the playing field for the three types of mitigation providers: mitigation banks, in-lieu fee (ILF) programs, and permittee-responsible mitigation.
After a decade of experience with this regulation, it is appropriate to reflect on its implementation. Although much has been written about mitigation banks, less attention (in the literature at least) has been paid to ILF programs and permittee-responsible mitigation. This Comment focuses on ILF programs.
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Stacey-Rae Simcox, Thirty Years of Veterans Law: Welcome to the Wild West, 67 U. Kan. L. Rev. 513 (2019)Clicking on the button will copy the full recommended citation.
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Stacey-Rae Simcox, Depriving Our Veterans of Their Constitutional Rights: An Analysis of the Department of Veterans Affairs’ Practice of Stripping Veterans of Their Second Amendment Rights and Our Nation’s Response, 2019 Utah L. Rev. 1 (2019)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 44 Administrative & Regulatory Law News 22 (2019)Clicking on the button will copy the full recommended citation.
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Em Wright, Immigration Law, 70 Mercer L. Rev. 1083 (2019)Clicking on the button will copy the full recommended citation.
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2018 through December 31, 2018, in which immigration law was the central focus of the case. The Survey begins with a discussion of the standard of review the Eleventh Circuit applies to cases decided by the Board of Immigration Appeals (BIA) and Immigration Judges (IJs), followed by summaries of cases disposed on procedural or jurisdictional grounds. Then, the Article describes the Eleventh Circuit's recent jurisprudence around issues of discretionary relief from removal, asylum, and habeas corpus law.
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Robyn Powell et al., Adaptive Parenting Strategies Used by Mothers with Physical Disabilities Caring for Infants and Toddlers, 27 Health & Social Care in the Community 889 (2019)Clicking on the button will copy the full recommended citation.
There is a paucity of information concerning adaptive parenting strategies utilised by mothers with physical disabilities, particularly during early motherhood. The purpose of this study is to describe the adaptive strategies used by mothers with physical disabilities during early motherhood. This qualitative study included semi-structured telephone interviews between January and March 2014 with US mothers with a range of physical disabilities who had a baby within the past 10 years (N = 25). Interviews were audio-recorded, professionally transcribed, and coded using content analysis. Analysis revealed five broad themes indicating important adaptive parenting strategies for mothers with physical disabilities caring for infants and toddlers: They are as follows: (a) acquiring or modifying baby-care equipment, (b) adapting the home environment, (c) accessing information and supports, (d) developing communication strategies to facilitate safety, and (e) receiving assistance from others. This study indicates that mothers with physical disabilities employ a variety of adaptive strategies during early motherhood. The findings from the study suggest the need for more availability of supports and equipment for mothers with physical disabilities as well as information for prospective mothers with disabilities. In addition, healthcare and social work professionals must receive training about adaptive parenting strategies.
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Renee Nicole Allen et al., The Pink Ghetto Pipeline: Challenges & Opportunities for Women in Legal Education, 96 U. Det. Mercy L. Rev. 525 (2019)Clicking on the button will copy the full recommended citation.
The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.
The term coined for positions typically held by women is “pink ghetto.” According to the Department of Labor, pink-collar-worker describes jobs and career areas historically considered “women’s work,” and included on the list is teaching. However, in legal education, tenured and higher-ranked positions are held primarily by men, while women often enter legal education through non-tenured and non-faculty skills-based teaching pipelines. In a number of these positions, women experience challenges like poor pay, heavy workloads, and lower status such as by contract, nontenure, or at will.
While many may view this as a challenge, looking at these positions solely as a “pink ghetto” diminishes the many contributions women have made to legal education through the skills faculty pipelines. Conversely, we miss the opportunity to examine how legal education has changed and how women have accepted the challenge of being on the front line of educating this new generation of learners while enthusiastically adopting the American Bar Association’s new standards for assessment and student learning. There is an opportunity for women to excel in these positions if we provide them with allies who champion for equal status and provide the requisite support.
This article focuses on the changing gender demographics of legal education, legal education pipelines, and the role and status of women in higher education with an emphasis on legal education. The final section applies feminist pedagogy to address challenges, opportunities, and aspirations for women in legal education.