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Displaying 191 - 200 of 1292

The Joint Venture Exception in the International Silver Platter Doctrine: Variability and Devaluation of Cooperation

https://lawreview.uchicago.edu/print-archive/joint-venture-exception-international-silver-platter-doctrine-variability-and
This Comment examines the joint venture exception in the international silver platter doctrine in the context of the use of wiretaps in federal narcotics cases. Under the international silver platter doctrine, evidence obtained through searches (like wiretaps) by foreign law enforcement on foreign soil and under foreign law is admissible in U.S. courts. The joint venture exception qualifies the international silver platter doctrine: if participation by U.S. law enforcement in a wiretap by foreign law enforcement on foreign soil constitutes a joint venture, then evidence obtained from the search is admissible only if the wiretap was reasonable under the Fourth Amendment.

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Courts Prepare to Take On the True Lender Question

https://lawreview.uchicago.edu/online-archive/courts-prepare-take-true-lender-question
Financial technology (“fintech”) firms and banking institutions have thoroughly cemented lending in the digital realm.

Exhausting Government Class Actions

https://lawreview.uchicago.edu/online-archive/exhausting-government-class-actions
For decades, veterans were one of the few groups that could not bring class actions when the federal government systematically mishandled their disability benefits.

Volume 89.6 (October 2022) 1369-1654

https://lawreview.uchicago.edu/volume-896-october-2022-1369-1654
Articles Reducing Prejudice Through Law: Evidence from Experimental Psychology

Reducing Prejudice Through Law: Evidence from Experimental Psychology

https://lawreview.uchicago.edu/print-archive/reducing-prejudice-through-law-evidence-experimental-psychology
Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is legally prohibited cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that test the effect of inducing the belief that discrimination against a given group is legal (versus illegal) on interpersonal attitudes toward members of that group. We find that learning that discrimination is unlawful does not simply lead people to believe that an employer is more likely to face punishment for discriminatory behavior.

The Class Appeal

https://lawreview.uchicago.edu/print-archive/class-appeal
For a wide variety of claims against the government, the federal courthouse doors are closed to all but those brought by powerful, organized interests. This is because hundreds of laws—colloquially known as “channeling statutes”—require disaffected groups to contest government bodies directly in appellate courts that hear cases individually. In theory, these laws promise quick, consistent, and authoritative legal decisions in appellate courts. In fact, without class actions, government bodies avoid judicial review by selectively avoiding claims brought by some of the most vulnerable people in the administrative state—from veterans and immigrants to coal miners, laborers, and the disabled. This Article proposes a novel solution: courts of appeals should hear class actions themselves.

The Visibility Trap

https://lawreview.uchicago.edu/print-archive/visibility-trap
This dynamic echoes a central theme in Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life before Stonewall, an important new work of legal history by Professor Anna Lvovsky. Vice Patrol is a study of antihomosexual policing in U.S. cities between the fall of Prohibition and the Stonewall Rebellion. It expands historical understanding by following antihomosexual enforcement through the rungs of the legal system—from municipal police tactics to appellate review at the Supreme Court. Beyond these contributions to the history of sexuality, however, the book reveals how public discourse filters into and through the judiciary.

Academic Freedom and Misgendered Honorifics in the Classroom

https://lawreview.uchicago.edu/print-archive/academic-freedom-and-misgendered-honorifics-classroom
In recent years, public universities have promulgated pronoun policies designed to encourage professors and students to respect the pronouns that others use to identify themselves. A professor who does not follow the pronoun policy and instead misgenders a student—or uses gendered words or pronouns that do not match that student’s gender identity—may be disciplined by their university for violating the pronoun policy. This Comment argues that professorial speech misgendering students in the classroom should not be protected by a professor’s First Amendment right to academic freedom, which traditionally covers teaching and scholarship.

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