Brett Kavanaugh’s Confirmation: The Dangerous New Narrative.

Nikita Srivastava (’19)

The_Boy_Who_Cried_Wolf_-_Project_Gutenberg_etext_19994We’re all told at some point the story of The Boy Who Cried Wolf. A young boy would repeatedly and continuously cry wolf when no wolf was present. His village would panic and run to his rescue but found the boy with no wolf. The villagers always ran to his rescue when no wolf was present. Eventually, the villagers collectively decided that when the boy cried wolf, they would not come to the boy’s rescue. One day, the boy saw a wolf. Scared and alone, he cried wolf – no one showed up. The boy died, eaten by a wolf.

The moral of the story: don’t lie or you’ll die. Women were treated like the boy who cried wolf. When women scream “sexual assault,” they were met with disbelief.  However, after the confirmation hearing for Justice Brett Kavanaugh, that narrative changed significantly. Women are no longer met with disbelief, but rather ignorance of their experience. John Oliver said it best on his show Last Week Tonight: “it is not that women aren’t believed, [society] simply does not care.” The narrative now changed to not caring about a woman’s harassment/abuse/assault. Ultimately, this dangerous new narrative will cause more harm to women. By not caring, society will accept that women face sexual harassment, or have been assaulted, but won’t take action against it. By taking this stance, we are basically saying to women, “hey, you got harassed/assaulted/abused? Well, you’re going have to deal with that because you’re a woman. No one is going to help you. Your abuser won’t get punished or reprimanded for it.”

Continue reading “Brett Kavanaugh’s Confirmation: The Dangerous New Narrative.”

The Real Problem With Snitches: How Snitch Testimony Leads to Wrongful Convictions

The Karl and Wayne Story

Nikita Srivastava (’19)

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Karl Willis

Honest, kind, and passionate. These are only a few words I can use to describe Karl Willis and Wayne Braddy. Karl is a spiritual man who started a mentoring program called “Leave the Streets Behind.” The goal of this program is to help misguided young adults become healthy and productive citizens. Wayne, on the other hand, is a creative man who performs live music whenever he gets the chance. Both of these men jump at any opportunities to expand their education and help others. Karl and Wayne are warm, humble men who care about their families and communities. They share their joy with their loved ones; they want to help others; but, more importantly, they care about making a difference in their community. Where are they today?

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Wayne Braddy

Karl is currently housed at Allen Correctional Institution in Lima, Ohio, and Wayne is housed at North Central Correctional Complex in Marion, Ohio. Both are serving 23 years to life sentence for a murder they did not commit.

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Litigating Sexual Harassment Cases

Guest Contributor: Sandra F. Sperino

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Professor Sandra Sperino. Image from UC Law’s Website.

The #metoo movement has increased the focus on sexual harassment cases and how courts analyze them. One way to increase the reach of harassment law is hidden in plain sight: the text of Title VII itself.

Title VII, the federal law that prohibits harassment based on race, sex, and other protected traits, has two main provisions.  Under Title VII’s first provision, it is an unlawful employment practice for an employer to do the following:

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.

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The Sex Talk: Campus Sexual Assault Project

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Image from Cincinnati Enquirer

Starting Sunday August 5, Kate Murphy and Meg Vogel’s project called The Sex Talk video series will be published by The Cincinnati Enquirer and USA Today. The video series focuses on the conversation that is not happening about campus sexual assault.

The Sex Talk comprises of ten videos that look at the epidemic of campus sexual assault in a new way by creating an honest digital conversation with people who are on the front lines and different sides of the issue.

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Gays, Bans, and Unions: The Supreme Court’s Eventful Summer

Nikita Srivastava (’19)

2018.06.04_SCOTUS_Rally,_Masterpiece_Cake_Case,_Washington,_DC_USA_02750_(41662234545)The Summer of 2018 gave Americans unpredictable weather, new celebrity romances, and, of course, a lot of Supreme Court decisions. After months of waiting, the Supreme Court released three opinions that will greatly effect American History. These are the major cases that caught American’s attention: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Trump v, Hawaii, and Janus v. American Federation of State County, and Municipal Employees.

The Supreme Court of the United States in Masterpiece v. Colorado ruled 7-2 in favor of the Colorado Baker who refused to make a wedding cake for a gay couple. However, the Court made a narrow decision leaving room open for a larger question: whether businesses can discriminate against gay individuals based on the rights protected in the First Amendment.

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Psychological Harms of Microaggressions

Nikita Srivastava (’19) 

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Nikita Srivastava (’19) demonstrating how to give a cross-examination at the University of Dayton.

Everyone will have different experiences while working over the summer. Some may find the work load difficult or easy. Some may find the law frustrating or rewarding. At some point, all law school students will experience these feelings, however not everyone will experience the same work environment.  Some students will experience microaggressions.

Microaggressions are brief and commonplace — daily verbal, behavioral, and environmental indignities and invalidations, whether intentional or unintentional, that communicate hostile, derogatory, or negative slights and insults to the target person or group or “outsiders”. “Outsiders” are individuals who do not come from the dominant culture. They are women, people of color, and the LGBQT community.  Usually, the “well-intentioned” people are the microaggressors–they are the ones who actively say and/or believe they are not racist, sexist, or homophobic; however, their actions or expressions say otherwise.

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Innocence March: Recognizing the Wrongfully Convicted

Guest Contributor: Brian Howe

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Attorney Brian Howe with OIP fellow Nikita Srivastava (’19)

On March 24, 2018, more than five hundred men and women marched through Memphis Tennessee.  Most of them had spent a large part of their lives in prison– a combined 3,501 years among them– for crimes they did not commit.

The march was the closing event for the 2018 Innocence Network conference, a gathering of exonorees and lawyers working on behalf of those wrongfully convicted.  Exonorees came from every state in the country and from countries across the globe. They marched with attorneys and advocates and family. They held signs demanding change in the system that had wronged them.  Demanding accountability. Demanding, at least, public recognition that innocent men and women were being arrested and convicted by agents acting on the public’s behalf.

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