Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (13)
- American University Washington College of Law (10)
- The University of Akron (7)
- Touro University Jacob D. Fuchsberg Law Center (5)
- University of Pittsburgh School of Law (5)
-
- Selected Works (4)
- Duquesne University (3)
- Pepperdine University (3)
- University of Colorado Law School (3)
- University of Maryland Francis King Carey School of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Pennsylvania Carey Law School (3)
- Florida International University College of Law (2)
- Fordham Law School (2)
- Georgetown University Law Center (2)
- Mitchell Hamline School of Law (2)
- SJ Quinney College of Law, University of Utah (2)
- Seattle University School of Law (2)
- SelectedWorks (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Cincinnati College of Law (2)
- University of Michigan Law School (2)
- University of Richmond (2)
- BLR (1)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- Macalester College (1)
- Mississippi College School of Law (1)
- Publication Year
- Publication
-
- Faculty Scholarship (7)
- American University Journal of Gender, Social Policy & the Law (5)
- All Faculty Scholarship (4)
- Articles (4)
- Articles in Law Reviews & Other Academic Journals (4)
-
- Life of the Law School (1993- ) (4)
- School of Law Conferences, Lectures & Events (4)
- Touro Law Review (4)
- Pepperdine Law Review (3)
- Scholarly Works (3)
- Akron Law Faculty Publications (2)
- Book Chapters (2)
- ConLawNOW (2)
- FIU Law Review (2)
- Faculty Articles and Other Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Publications (2)
- Law School Blogs (2)
- Publications (2)
- RWU Law (2)
- Seattle University Law Review (2)
- Tracy A. Thomas (2)
- University of Richmond Law Review (2)
- Utah Law Faculty Scholarship (2)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (1)
- Aeyal M. Gross (1)
- Akron Law Review (1)
- Chicago-Kent Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Publication Type
Articles 1 - 30 of 101
Full-Text Articles in Entire DC Network
Ruth Bader Ginsburg Essay/Art Contest 2024, Roger Williams University School Of Law
Ruth Bader Ginsburg Essay/Art Contest 2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law
RWU Law
No abstract provided.
Symposium: Gender, Health, And The Constitution: The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah L. Brake
Symposium: Gender, Health, And The Constitution: The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah L. Brake
ConLawNOW
This essay considers the role of sport in the new gender panic of legislative activity targeting transgender individuals, which now extends into health and family governance. Sport was one of the first settings—the gateway—to ignite the current culture war on transgender youth. This analysis examines how Title IX of the Education Act of 1972, the popular law responsible for the growth of opportunities for girls and women in sports, has been mobilized in service of a broader gender agenda. Far from providing a persuasive justification for the state laws banning transgender girls from girls’ sports, Title IX, properly understood, supports …
Privacy: Pre- And Post-Dobbs, Rona Kaufman
Privacy: Pre- And Post-Dobbs, Rona Kaufman
Law Faculty Publications
The United States Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to include a fundamental right to familial privacy. The exact contours of that right were developed by the Court from 1923 until 2015. In 2022, with its decision in Dobbs v. Jackson Women’s Health, the Supreme Court abruptly changed course and held that the right to terminate a pregnancy is no longer part of the right to privacy previously recognized by the Court. This essay seeks to place Dobbs in the context of the Court’s family privacy cases in an effort to understand the Court’s …
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
FIU Law Review
My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.
On The Why Of Same-Sex Marriage In Cuba, Libby Adler
On The Why Of Same-Sex Marriage In Cuba, Libby Adler
FIU Law Review
Cuba is expected to revise its family code soon and the legal availability of marriage to a person of the same sex will be among the anticipated revisions. This essay pushes past the assumption that same-sex marriage operates as an obvious item along any nation’s progressive path, or a universally desirable and sensible legal advance, and inquires as to the why. In a country that is markedly less religious than its neighbors, has a low marriage rate accompanied by a comparatively high divorce rate, and socializes resources such as health care such that they do not depend on marital ties, …
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Seattle University Law Review
This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …
Implications Within Interpretations And Legal Implementations Of The Fourteenth Amendment, Jillian Bartley
Implications Within Interpretations And Legal Implementations Of The Fourteenth Amendment, Jillian Bartley
Regis University Student Publications (comprehensive collection)
The Fourteenth Amendment is not often thought about as one of the pillars of American freedom and citizenship, but it is indeed. The Fourteenth Amdendment establishes equal protections under the law, due process, and citizenship. This thesis seeks to look at how the Fourteenth Amendment and gender intersect in a way that establishes who gets what rights, and how those rights are able to be interpreted. The way in which the Fourteenth Amendement is interpreted establishes who gets protections and what equality under the law means within the context of American society. In using legal history, and the breifing of …
Freeze-Frames And Blanket Bans: The Unconstitutionality Of Prisons’ Denial Of Gender Confirmation Surgery To Transgender Inmates, Aranda Stathers
Freeze-Frames And Blanket Bans: The Unconstitutionality Of Prisons’ Denial Of Gender Confirmation Surgery To Transgender Inmates, Aranda Stathers
Dickinson Law Review (2017-Present)
It is long established that the Eighth Amendment’s prohibition against imposing cruel and unusual punishments requires prisons to adequately address their inmates’ medical needs. Inmates identifying with the LGBTQ+ community are not exempt from this constitutional mandate. Trans inmates with gender dysphoria require specific treatment, including, but not limited to, gender confirmation surgery. While courts acknowledge that prisons owe a duty to provide some transition-related care, the extent of that duty remains contested. With no guidance from Congress or the Supreme Court, the constitutionality of prisons’ denial of gender confirmation surgery is in the hands of the circuit courts, which …
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
St. Mary's Law Journal
There is much talk these days of promoting “equity” rather than “equality.” When applied outside athletics, Title IX promotes non-discrimination, usually associated with equality. As it has been applied to sports, though, it may be our most prominent “equity” statute, making sure each sex gets its fair share.
The questions this article seeks to address are legal ones that the debate about trans females seems to bring to the fore. How did we start with a statute whose language looks very similar to every other civil rights statute—and, indeed, that acts just like every other civil rights statute outside of …
Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon
Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon
St. John's Law Review
(Excerpt)
Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …
Uprooting Roe, B. Jessie Hill, Mae Kuykendall
Uprooting Roe, B. Jessie Hill, Mae Kuykendall
Faculty Publications
The U.S. Supreme Court is likely poised to overturn Roe v. Wade in a matter of months. Yet, the roots of Roe run both wide and deep, and to uproot Roe would be to uproot the Constitution’s promise of gender equality in a radical way. Just as the Supreme Court’s jurisprudence of reproductive liberty freed people with reproductive capacity from having their destinies and status tied to their biology, an uprooting of Roe and its companion principles will restore the iron rules of gender difference and return women to their common-law status as lacking self-ownership and equal citizenship.
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
All Faculty Scholarship
This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …
Perlindungan Hukum Terhadap Kelompok Minoritas Gender Sebagai Implementasi Pemenuhan Hak Asasi Manusia (Perbandingan Kasus Lgbt Di Indonesia, India Dan Brunei Darussalam), Nindra Wahyu Hapsari
Perlindungan Hukum Terhadap Kelompok Minoritas Gender Sebagai Implementasi Pemenuhan Hak Asasi Manusia (Perbandingan Kasus Lgbt Di Indonesia, India Dan Brunei Darussalam), Nindra Wahyu Hapsari
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Every country has an obligation to fulfill the Human Rights of all citizens. Human rights are legal rights that everyone has as human beings and are universal. Issues regarding human rights are growing from time to time, one of which is the emergence of gender minority groups in this case are Lesbians, Gay, Bisexual, Transgender (LGBT). Gender issues should be a private domain that is included in civil rights guaranteed by human rights and protected by law. LGBT people in various countries get different treatment both from the government of the country, and from the people. Some state governments in …
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons
Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons
Chicago-Kent Law Review
No abstract provided.
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Foreword: A Century Since Suffrage: How Did We Get Here? Where Will We Go? How Will We Get There?, Rona Kaufman
Foreword: A Century Since Suffrage: How Did We Get Here? Where Will We Go? How Will We Get There?, Rona Kaufman
Law Faculty Publications
One hundred years have passed since (white) women attained the right to vote. In the century since the Nineteenth Amendment was ratified, American women have transitioned from an existence as mere objects of history to becoming active subjects of history. In 2019 and 2020, many programs and conferences were organized to celebrate the achievements of America's women and commemorate the 100th anniversary of women's suffrage. The Section on Women in Legal Education hosted a program at the January 2020 American Association of Law Schools (AALS) Annual Meeting titled, “A Century Since Suffrage: How Did We Get Here? Where Will We …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey
Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey
Life of the Law School (1993- )
No abstract provided.
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Dehumanization 'Because Of Sex': The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Dehumanization 'Because Of Sex': The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Elisabeth Haub School of Law Faculty Publications
Although Title VII prohibits discrimination against any employee “because of such individual’s . . . sex,” legal commentators have not yet accurately appraised Title VII’s trait and causation requirements embodied in that phrase. Since 2015, most courts assessing the sex discrimination claims of LGBT employees began to intentionally analyze “sex” as a trait using social-construction evidence, and evaluated separately whether the discriminatory motive caused the workplace harm. Responding to what this Article terms a “doctrinal correction” to causation within this groundswell of decisions, the Supreme Court recently issued an “expansive” and “sweeping” reformulation of but-for causation in Bostock v. Clayton …
Covid-19 And Lgbt Rights, Suzanne B. Goldberg
Covid-19 And Lgbt Rights, Suzanne B. Goldberg
Faculty Scholarship
Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.
This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Employment Discrimination And The Domino Effect, Laura T. Kessler
Employment Discrimination And The Domino Effect, Laura T. Kessler
Utah Law Faculty Scholarship
Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …
Thurgood Marshall Memorial Lecture Series: "The Race Card And The Trump Card: New Challenges And Familiar Frustrations" February 5, 2018, Roger Williams University School Of Law
Thurgood Marshall Memorial Lecture Series: "The Race Card And The Trump Card: New Challenges And Familiar Frustrations" February 5, 2018, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Law School Blogs
No abstract provided.