Civil Rights Act, Due Process, Editor Blog, Equal Pay, Gender Discrimination, New England Law Review, Policy, Student Writing, transitional justice, U.S. Supreme Court

Article Preview: Why Is Your Grass Greener than Mine?: The Need for Legal Reform to Combat Gender Discrimination in Professional Sports

Contributing Author: John Kulevich
Sports arose in the primitive era as activities used to train warriors for battle. They continue to this day, though for different purposes: as a form of recreation, as a profession, and as a form of relaxation for spectators watching them. While women who play sports have gradually gained some acceptance in society, they experience gender discrimination and inequality compared to their male counterparts, in the form of lower wages, fewer endorsements, and less media coverage. This is especially true in professional sports. Tanya Dennis, the author of Why Is Your Grass Greener than Mine?: The Need for Legal Reform to Combat Gender Discrimination in Professional Sports, proposes a new statute (the “Professional Sports Act of 2015”), which provides women protection against gender discrimination in professional sports, and explains why the current state of the law is not adequate. For example, Title IX prevents gender discrimination in federally funded educational institutions, and this protection includes prohibition of gender discrimination in school athletics within those educational institutions. As a result of this protection from gender discrimination in school sports, women’s sports have become more popular and received more media attention. Nevertheless, Title IX does not apply to professional sports and therefore cannot protect women from gender discrimination in professional sports.

5th Amendment, 6th Amendment, criminal law, Criminal Procedure, Due Process, Equal Protection, Faculty Blog, Federal Courts, Federalism, Gideon, Miranda, New England Law Review, Police Interrogation, Policy, prosecutors, Right to Counsel, Siegel, Sixth Amendment, transitional justice

Faculty Blog: Luis v. United States and a Right to Counsel for the Rich

By: David M. Siegel The Sixth Amendment, which the Supreme Court has for over half a century interpreted to afford indigent criminal defendants a right to a lawyer at government expense, now also provides wealthy defendants something: protection from the government’s freezing their untainted assets (as opposed to those traceable to, or proceeds of, crime) to prevent retaining counsel of their choice. As principled—and protective of the Sixth Amendment—as this distinction may be, it reinforces something much more pernicious: there is now effectively a right of the rich to be free from impoverishment by the government, to protect their Sixth Amendment right to retain counsel of their choosing, while the identical Amendment does not provide an indigent defendant access to an actual lawyer of anyone’s choice. Luis v. United States, was quite simple: federal law permits pre-trial freezing of certain criminal defendants’ assets that are proceeds of the crime, traceable to the crime, or of equal value to either of the first categories. Ms. Luis allegedly obtained $45 million through health care-related fraud, but when indicted had only $2 million, which the government agreed was neither proceeds of nor traceable to the fraud. Freezing these funds, to satisfy what the government contended would be restitution upon conviction, would preclude her hiring counsel of her choice. If the Sixth Amendment truly conferred a right to hire counsel of one’s choice, then did it also prevent the government from vitiating this right by freezing all one’s resources with which to pay counsel? Yes, the Court found, although not for any reason that commanded a majority.

Article Preview, criminal law, Criminal Procedure, Due Process, Editor Blog, Juvenile Law, New England Law Review, Policy, prosecutors, School Reform, Student Writing, transitional justice

Article Preview: The (Unfinished) Growth of the Juvenile Justice System

Contributing Editor: Amy Robinson
The juvenile justice system has made dramatic changes over the past thirty years. In three landmark cases, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama, the Supreme Court recognized that juvenile offenders are different from adult offenders. These cases marked a shift in the way the judiciary understands the cognitive differences between juveniles and adults. However, despite advancements in the system, courts have failed to properly focus on the goal of rehabilitation.