Volume 11, Issue 3 (Spring 2014)

IN GOD’S SHADOW: UNVEILING THE HIDDEN WORLD OF VICTIMS OF DOMESTIC VIOLENCE IN OBSERVANT RELIGIOUS COMMUNITIES

Michal Gilad

In recent years, the phenomenon of domestic violence has been elevated to the unreputable status of a global epidemic infesting our society. Despite continuous efforts by law and policy makers to combat this adverse phenomenon affecting one in every three women around the globe, the problem persists to thrive among us. This article provides a rare insight into the world of domestic violence victims in religious communities and the vital importance for legal professionals and law makers to understand and account for the unique challenges these vulnerable victims face in the path towards safety. Through this particular case study, this article aims to highlight the indispensable importance of complementing legal knowledge with comprehensive cultural and social awareness, as an integral part of the use of legal instruments to combat urgent social problems in our diversifying modern society. Absent such an inherent interdisciplinary approach by legal practitioners, researchers, and lawmakers, the law is doomed to lose its power as an effective instrument in the combat against modern social ailments. View More 

UNPAID INTERNSHIPS: A TALE OF LEGAL DISSONANCE

Gregory S. Bergman

“Should everyone be paid something, or are unpaid internships simply a part of getting your foot in the door?” That quote typifies the ultimate question about unpaid internships and the law. As of 2013, the American economy is still slowly recovering from its 2008 collapse. In April 2012, 13.2% of 20– 24 year olds were unemployed, which reflected the weak recovery among America’s young workers. The fact that unpaid internships have proliferated into more industries in recent years has added to the stagnant employment numbers among college students and recent graduates. Unpaid internships present a complicated problem because they provide an important experiential opportunity for college students and a recruiting opportunity for employers. However, employers also have the opportunity to use unpaid internships to violate the minimum wage and overtime requirements of the Fair Labor Standards Act (“FLSA”), which requires employers to pay employees a minimum wage and an overtime wage. View More 

IGNORANCE IS BLISS? BALANCING THE PUBLIC’S RIGHT TO KNOW AND INDUSTRY’S CLAIM TO CONFIDENTIAL BUSINESS INFORMATION IN TSCA REFORM

Amanda Follett

“We can no longer operate under the assumption that what we do not know about a chemical substance cannot hurt us.” These words were spoken by Senator James B. Pearson (R-KS) during a March 26, 1976 debate concerning enactment of a bill that became the Toxic Substances Control Act of 1976, 15 U.S.C. §§ 2601–2602 (TSCA or the “Act”); however, they remain true today. While consumer awareness is rising, many are still astounded to learn about the overwhelming number of potentially dangerous, toxic, and carcinogenic chemicals that we are exposed to everyday. View More 

GENDER REASSIGNMENT SURGERY IN PRISONS: HOW THE EIGHTH AMENDMENT GUARANTEES MEDICAL TREATMENTS NOT COVERED BY PRIVATE INSURANCE OR MEDICARE FOR LAW-ABIDING CITIZENS

Lila Leonard

Whether taxpayers should foot the bill for prisoners to have gender reassignment surgery. Some prisons and detention centers are currently paying for the reassignment surgery with tax dollars, but only if an inmate has reached a certain point in his/her hormone therapy and for the safety of the particular inmate, as well as for all inmates. However, a district court judge in Massachusetts ruled in September 2012 for the first time in history that it is a violation of an inmate’s Eighth Amendment rights to deny the surgery if the inmate suffers from gender identification disorder. This mandated surgery is paid for by the prison system, meaning that taxpayers are footing the bill for surgery they could not get themselves through their insurance plans. View More 

FINDING THE TREASURE WITHOUT WALKING THE PLANK: THE CRITICAL NEED FOR PROPERLY TAILORED ANTI-PIRACY LAWS

Phil Portantino

The events of 2007, with some dramatic tweaking, could have made a terrific summer blockbuster. The lives of thousands stood still as a Guild declared war on a powerful Alliance. As the conflict raged on, it affected the lives of countless American heroes. Jack Bauer and Chuck Bartowski both disappeared for over a year. David and Conan revealed their inner “barbarians” to the world. The American public went months without knowing the fate of a group of lost castaways and beloved office workers. The devastation spared no one. View More