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Abortion, The Underground Railroad, And Evidentiary Privilege, Tom Lininger
Abortion, The Underground Railroad, And Evidentiary Privilege, Tom Lininger
Washington and Lee Law Review
Building on my recent article in the Minnesota Law Review proposing reforms of evidentiary privilege law, this Article focuses on the unique context of communication about abortion. There is an urgent need to protect such communication in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which allowed states to recriminalize abortion. Now abortion seekers, providers, and third parties who aid and abet abortion could face significant exposure to both criminal penalties and civil suits in many states. Those states are attempting to extend the reach of their bans by sanctioning out-of-state travel and …
Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda
Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda
Washington and Lee Law Review
State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bans
Striking down these bans …
Birthing Alone, Elizabeth Kukura
Birthing Alone, Elizabeth Kukura
Washington and Lee Law Review
Throughout the COVID-19 pandemic, hospitals implemented restrictive visitor policies that have prevented many pregnant people from giving birth with their chosen support people. For some, this meant foregoing labor and delivery support by a birth doula, someone who serves in a nonclinical role and provides emotional, physical, and informational support to birthing people. Given that continuous labor support such as the care provided by doulas is associated with fewer cesareans and other interventions, less need for pain medication, and shorter labors, the promotion of doula care is a promising strategy to ease the maternal health crisis and, in particular, shrink …
Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle
Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle
Washington and Lee Law Review
This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused …
(G)Local Intersectionality, Martha F. Davis
(G)Local Intersectionality, Martha F. Davis
Washington and Lee Law Review
Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of …
Abortion Rights And Disability Equality: A New Constitutional Battleground, Allison M. Whelan, Michele Goodwin
Abortion Rights And Disability Equality: A New Constitutional Battleground, Allison M. Whelan, Michele Goodwin
Washington and Lee Law Review
Abortion rights and access are under siege in the United States. Even while current state-level attacks take on a newly aggressive scale and scope—emboldened by the United States Supreme Court’s June 2022 decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey—the legal landscape emerging in the wake of Dobbs is decades in the making. In this Article, we analyze the pre- and post-Roe landscapes, explaining that after the Supreme Court recognized a right to abortion in Roe in 1973, anti-abortionists sought to dismantle that right, first …
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Murdering Crows: Pauli Murray, Intersectionality, And Black Freedom, Lisa A. Crooms-Robinson
Washington and Lee Law Review
What is intersectionality’s origin story and how did it make its way into human rights? Beginning in the 1940s, Pauli Murray (1910–1985) used Jane Crow to capture two distinct relationships between race and sex discrimination. One Jane used the race-sex analogy to show that race and sex were both unconstitutionally arbitrary. The other Jane captured Black women’s experiences and rights deprivations at the intersection of race and sex. Both Janes were based on Murray’s fundamental belief that the struggles against race and sex discrimination were different phases of the fight for human rights.
In 1966, Murray was part of the …
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Washington and Lee Law Review
In the last decade, intersectionality theory has gained traction as a lens through which to analyze international human rights issues. Intersectionality theory is the notion that multiple systems of oppression intersect in peoples’ lives and are mutually constitutive, meaning that when, for example, race and gender intersect, the experience of discrimination goes beyond the formulaic addition of race discrimination and gender discrimination to produce a unique, intersectional experience of discrimination. The understanding that intersecting systems of oppression affect different groups differently is central to intersectionality theory. As such, the theory invites us to think about inter-group differences (i.e., differences between …
Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen
Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen
Washington and Lee Law Review
Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for “crimes involving moral turpitude,” or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple assault generally is not. For a crime to qualify as a CIMT, it must include depraved conduct and some level of intent.
The CIMT framework has been criticized for a variety of reasons. Not only is it defined ambiguously with outdated language, but the moral values it enshrines can sometimes …
The Sexual Harassment Loophole, Keith Cunningham-Parmeter
The Sexual Harassment Loophole, Keith Cunningham-Parmeter
Washington and Lee Law Review
Employers rarely pay for sexual harassment. The #MeToo movement has not changed this legal reality. Title VII of the Civil Rights Act of 1964—the nation’s primary workplace antidiscrimination law—contains a harassment loophole. Harassment is the only kind of Title VII violation that allows employers to avoid liability if they offer training and reporting opportunities to workers. In contrast, employers must automatically pay for all other Title VII claims such as discriminatory firings, even when firms have trained their employees not to discriminate. This Article makes the case for closing the loophole by aligning harassment liability with other Title VII offenses …
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan
Washington and Lee Law Review
This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …
Marriage Equality Comes To The Fourth Circuit, Carl Tobias
Marriage Equality Comes To The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith
Washington and Lee Law Review
No abstract provided.
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson
Washington and Lee Law Review
No abstract provided.
Re-Reading Roe V. Wade, Richard S. Myers
Re-Reading Roe V. Wade, Richard S. Myers
Washington and Lee Law Review
No abstract provided.
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
Roe'S Effects On Family Law, Lynne Marie Kohm
Roe'S Effects On Family Law, Lynne Marie Kohm
Washington and Lee Law Review
No abstract provided.
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony
Washington and Lee Law Review
No abstract provided.
Previability Abortion And The Pain Of The Unborn, Teresa S. Collett
Previability Abortion And The Pain Of The Unborn, Teresa S. Collett
Washington and Lee Law Review
No abstract provided.
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg
Washington and Lee Law Review
No abstract provided.
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian
Washington and Lee Law Review
No abstract provided.
Innocent Burdens, James Edwin Mahon
Innocent Burdens, James Edwin Mahon
Washington and Lee Law Review
No abstract provided.
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck
Washington and Lee Law Review
No abstract provided.
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe
Washington and Lee Law Review
No abstract provided.
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun
Washington and Lee Law Review
No abstract provided.
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann
Washington and Lee Law Review
No abstract provided.
Abortion Distortions, Caroline Mala Corbin
Abortion Distortions, Caroline Mala Corbin
Washington and Lee Law Review
No abstract provided.
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges
Washington and Lee Law Review
In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Rape And The Exception In Turkish And International Law, Ruth A. Miller
Washington and Lee Law Review
This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim
Washington and Lee Law Review
No abstract provided.