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Articles 1 - 30 of 3350
Full-Text Articles in Entire DC Network
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Honors Projects
The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …
Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn
Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn
Honors Theses
This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …
Law School News: 2024 Rbg Essay & Art Contest Winners Recognized At Women In Law Leadership Lecture 4-16-24, Roger Williams University School News
Law School News: 2024 Rbg Essay & Art Contest Winners Recognized At Women In Law Leadership Lecture 4-16-24, Roger Williams University School News
Life of the Law School (1993- )
No abstract provided.
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.
5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law
Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 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.
Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law
Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua
An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua
Journal Articles
The Dobbs decision has been leaked. Gathered outside of New York City's St. Patrick's Old Cathedral, pro-choice protesters chant: "Not the church, not the state, the people must decide their fate."
A white man wearing a New York Fire Department sweatshirt and standing on the front steps responds: "l am the people, l am the people, l am the people, the people have decided, the court has decided, you lose . . . . You have no choice. Not your body, not your choice, your body is mine and you're having my baby."
Despicable but not unexpected,³ this man's comments …
“We Do No Such Thing”: 303 Creative V. Elenis And The Future Of First Amendment Challenges To Public Accommodations Laws, David Cole
Georgetown Law Faculty Publications and Other Works
In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws.
The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman
The Tragic Costs Of ‘Protecting’ Trans Youth, Kimberly Jade Norwood, Jaimie Hileman
Scholarship@WashULaw
In the past few decades, our nation has made substantial progress on the rights of LGBTQ+ people. The legalization of gay marriage in Obergefell v. Hodges in 2015 was transformative for our nation. Just five years later, another huge victory was scored in Bostock v. Clayton County, Georgia, when the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protected gay and transgender people.
With every gain, backlash often follows. Three years after Bostock, a tsunami of anti-LGBTQ+ bills, and more specifically, anti-Trans bills, littered the nation. Hundreds of bills have been filed since Bostock, …
Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson
Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson
Faculty Articles
Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and …
Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman
Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman
Faculty Scholarship
No abstract provided.
The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake
The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake
Articles
The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …
Abortion Disorientation, Greer Donley, Caroline M. Kelly
Abortion Disorientation, Greer Donley, Caroline M. Kelly
Articles
The word “abortion” pervades public discourse in the wake of Dobbs v. Jackson Women’s Health Organization. But do we know what it means? Not only do law and medicine define it differently; state legislatures have codified wildly different definitions of abortion across jurisdictions. Our analysis exposes inherent ambiguities at the boundaries of the term, particularly as abortion intersects with other categories that we often think of as distinct: pregnancy loss, ectopic pregnancy, and other forms of medically necessary care. By juxtaposing statutory text next to real people’s experiences of being denied care in states with abortion bans, we reveal …
Are Embryos Or Fetuses Brain Dead? Implications For The Abortion Debate, Greer Donley
Are Embryos Or Fetuses Brain Dead? Implications For The Abortion Debate, Greer Donley
Articles
Most state abortion definitions exclude the removal of a dead fetus, attempting to distinguish miscarriage and abortion care. But what does “dead” mean at the earliest stages of potential life? There is a consensus at the end of life that death not only encompasses the cessation of cardiac activity, but also brain death. This symposium essay considers whether life can exist before brain life begins and how that might impact the abortion debate. The most rudimentary brain waves cannot be detected in an embryo before roughly the eighth week of pregnancy; the capacity for feeling and consciousness begin much later. …
Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia
Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia
Articles
In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
"Exceedingly Unpersuasive” - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin
Journal Publications
This Article is organized chronologically, in an effort to more effectively reflect the nearly identical fact patterns, timelines, and intersecting opinions of these cases. Part I provides the factual background of both cases. Part II summarizes the substantial preliminary litigation in Grimm; Part III examines the district court ruling in Adams; Part IV analyzes the summary judgment ruling in Grimm. Part V covers Adams’ first appellate ruling; Part VI discusses the Fourth Circuit’s ruling in Grimm three weeks later, and Part VII considers the aftermath of that decision. Parts VIII and IX explore the second panel ruling in Adams and …
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché
Amici Briefs
This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …
First Comes Love: Advocating For A Revival Of Pre-Obergefell Estate Planning Vigor For Lgbtq+ Couples And Families, Kimberly N. Furtado
First Comes Love: Advocating For A Revival Of Pre-Obergefell Estate Planning Vigor For Lgbtq+ Couples And Families, Kimberly N. Furtado
Law Student Publications
On June 24, 2022, the Supreme Court of the United States handed down its decision in Dobbs v. Jackson Women’s Health Organization. Beyond the obvious devastation this opinion wreaked on abortion rights nationwide, it also unleashed a fear in communities that have gained substantive rights through the Court’s decisions based on similar reasoning. News organizations and LGBTQ+ advocacy groups quickly published stories discussing the fate of same-sex marriage in a post-Dobbs society. If the Supreme Court were to overturn Obergefell v. Hodges, it would be a crushing loss to the LGBTQ+ community. Not only would it signal the lack of …
Open Source Perfume, Amanda Levendowski
Open Source Perfume, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
ABRIDGED ABSTRACT: Perfume is a powerful art and technology, but its secrets are closely held by a privileged few - by some counts, there are more astronauts than there are perfumers. As critics have noted increasingly since 2020, those select few perfumers often share similar backgrounds. As interviews with American, British, and French perfumemakers reveal, intellectual property (IP) also plays a gatekeeping role in perfumery. Drawing on work by perfumer and educator Saskia Wilson-Brown, this Article suggests that perfumery is overdue for a transformation. One is emerging: open source perfume. For those seeking ways to share scents and signal commitment …
Western Feminism Before And After October 7, Lama Abu-Odeh
Western Feminism Before And After October 7, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
In this interview, I provide my view on the state of Western feminism before and after the assault on Gaza. The interview includes discussion of the various strands of emergent feminisms in the West and some of their offshoots as they appear in Palestine in the context of Israeli colonialism and resistance to it.
Child Sacrifices: The Precarity Of Minors’ Autonomy And Bodily Integrity After Dobbs, Teri Dobbins Baxter
Child Sacrifices: The Precarity Of Minors’ Autonomy And Bodily Integrity After Dobbs, Teri Dobbins Baxter
Scholarly Works
In Dobbs v. Jackson Women’s Health Organization, the Supreme Court held that there is no constitutional right to abortion. The decision has had a devastating impact on people seeking abortions in many states, and it will have an even more profound effect on the rights and lives of minors. Pregnant minors face greater risks than pregnant adults when they are forced to continue a pregnancy that can harm their physical and mental health and their educational and financial futures. Very young minors are incapable of consenting to the sexual acts that result in pregnancy, but many states require even these …
Trans Animus, Scott Skinner-Thompson
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Defragging Feminist Cyberlaw, Amanda Levendowski
Defragging Feminist Cyberlaw, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
In 1996, Judge Frank Easterbrook famously observed that any effort to create a field called cyberlaw would be “doomed to be shallow and miss unifying principles.” He was wrong, but not for the reason other scholars have stated. Feminism is a unifying principle of cyberlaw, which alternately amplifies and abridges the feminist values of consent, safety, and accessibility. Cyberlaw simply hasn’t been understood that way—until now.
In computer science, “defragging” means bringing together disparate pieces of data so they are easier to access. Inspired by that process, this Article offers a new approach to cyberlaw that illustrates how feminist values …
2023 Women In Robes, Roger Williams University School Of Law
2023 Women In Robes, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law
Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law
7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Submission To Justice Canada On The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers
Submission To Justice Canada On The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers
Commissioned Reports, Studies and Public Policy Documents
Justice Canada has been holding an engagement process on the issue of whether an offence of coercive control should be added to the Criminal Code. This offence has been proposed in a series of private members bills, most recently, Bill C-332. This submission argues that it is imperative that actors in all legal domains acquire a nuanced and contextual understanding of coercive control derived from an intersectional analysis that attends to how multiple systems of oppression interact to shape the tactics of coercion and control. However, we do not support the criminalization of coercive control, either as a standalone offence …