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Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
American University Journal of Gender, Social Policy & the Law
In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
American University Journal of Gender, Social Policy & the Law
In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
American University Journal of Gender, Social Policy & the Law
There can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong.
In Defense Of The Juggernaut: The Ethical And Constitutional Argument For Prosecutorial Discretion, David A. Lord
In Defense Of The Juggernaut: The Ethical And Constitutional Argument For Prosecutorial Discretion, David A. Lord
American University Journal of Gender, Social Policy & the Law
Within days of the Supreme Court’s decision overturning Roe v. Wade, progressive prosecutors throughout the country announced that if their jurisdictions enacted restrictions on abortion, they would not prosecute the individuals who had these procedures or the doctors who performed them. This is the latest example of situations, like drug crimes, illegal gun possession, and other offenses, where prosecutors have declined to enforce a state law as a matter of public policy. Critics of this broad use of prosecutorial discretion have argued that it violates the constitutional separation of powers.
This Article argues that prosecutorial discretion is well-founded in American …
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
American University Journal of Gender, Social Policy & the Law
Abortion has been a divisive issue in this country for decades. Some believe that abortion should be illegal under any circumstance, others believe that abortion under certain circumstances should be legal, and still others believe that abortion should be legal in all circumstances. The issue of abortion was initially decided by the Court in 1973 under Roe v. Wade, where the Court devised a trimester approach.
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
American University Journal of Gender, Social Policy & the Law
Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
American University Journal of Gender, Social Policy & the Law
Beauty may only be skin deep, but discrimination against the unattractive runs far deeper. Research emphatically demonstrates that attractiveness discrimination affects nearly every aspect of life, including hiring and promotion decisions. For example, personal injury attorneys utilize economists as expert witnesses for how their clients’ reduced attractiveness will negatively affect their future earnings. Attractiveness discrimination is just as prevalent as discrimination based on ethnicity. Unfortunately, current interpretations of federal antidiscrimination legislation do not offer protections from attractiveness discrimination. This Article offers a comprehensive framework for providing such protections under an expansive interpretation of Title VII.
Using State Law Before The Glaciers Thaw: Climate Torts After Bp V. Baltimore, Jillian Mayer
Using State Law Before The Glaciers Thaw: Climate Torts After Bp V. Baltimore, Jillian Mayer
American University Journal of Gender, Social Policy & the Law
We are living in the beginning stages of Earth’s sixth mass extinction. Since the Industrial Revolution of the nineteenth century, the burning of fossil fuels has released huge quantities of carbon dioxide and other greenhouse gasses (“GHGs”) into the atmosphere. The increased concentration of GHGs causes the atmosphere to retain more heat. Consequently, ecosystems and weather patterns shift and change faster than most plants, animals, and human societies can adapt. Climate change threatens global peace, crashes economies, and creates humanitarian crises.
The Revolution Will Not Be Moderated: Examining Florida And Texas's Attempts To Prohibit Social Media Content Moderation, Caroline Jones
The Revolution Will Not Be Moderated: Examining Florida And Texas's Attempts To Prohibit Social Media Content Moderation, Caroline Jones
American University Journal of Gender, Social Policy & the Law
Today, around seventy percent of American citizens actively use social media for news content, entertainment, and social engagement. Since 2005, the number of Americans using social media in some capacity has increased 13 fold from five to sixty-five percent. Despite numerous studies demonstrating a correlation between social media rhetoric and real-world violence against women, racial and ethnic minority communities, and the LGBTQIA community, both Florida and Texas passed bills limiting the ways in which social media sites can moderate the content and users on their platforms in 2021. Florida’s Senate Bill 7072 requires social media platforms to allow political candidates …
A Well-Rounded Argument: How Skinner And Obergefell Make Medical Requirements For Surrogacy Contracts Unconstitutional, Amanda Grau
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Paypal Or Plastic, Don't Matter The Court Won't Have It: Why The Case For Removing "In God We Trust" From The Dollar May Still Gain Traction Under The Religious Freedom Restoration Act, Olivia Firmand
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Right To Be An Asshole: The Need For Increased First Amendment Public Employment Protections In The Age Of Social Media, Alexis Martinez
The Right To Be An Asshole: The Need For Increased First Amendment Public Employment Protections In The Age Of Social Media, Alexis Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Examining The Unconstitutionality Of Dilution By Tarnishment After Tam, Ryder Hogan
Examining The Unconstitutionality Of Dilution By Tarnishment After Tam, Ryder Hogan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Life, Liberty, And A Stable Climate: The Potential Of The State-Created Danger Doctrine In Climate Change Litigation, Andrew Johnson
Life, Liberty, And A Stable Climate: The Potential Of The State-Created Danger Doctrine In Climate Change Litigation, Andrew Johnson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sexual Abuse Of Juveniles In Correctional Facilities: A Violation Of The Prison Rape Elimination Act, Sara Medina
Sexual Abuse Of Juveniles In Correctional Facilities: A Violation Of The Prison Rape Elimination Act, Sara Medina
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Rethinking The Effects Of A Guilty Plea On The Right To Challenge One's Statute Of Conviction, Hannah Roberts
Rethinking The Effects Of A Guilty Plea On The Right To Challenge One's Statute Of Conviction, Hannah Roberts
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cruel And Unusual Punishment: Denying Ex-Felons The Right To Vote, Amy Heath
Cruel And Unusual Punishment: Denying Ex-Felons The Right To Vote, Amy Heath
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay
A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Maryland's Bundle Of Joy: A Constitutionally Stronger, More Comprehensive Take On Contraception Coverage, Alexi Nathan
Maryland's Bundle Of Joy: A Constitutionally Stronger, More Comprehensive Take On Contraception Coverage, Alexi Nathan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Criminalizing Nonviolent Dissent: New York's Unconstitutional Repression Of The Boycott, Divestment, Sanctions (Bds) Movement, Dalal Hillou
Criminalizing Nonviolent Dissent: New York's Unconstitutional Repression Of The Boycott, Divestment, Sanctions (Bds) Movement, Dalal Hillou
American University Journal of Gender, Social Policy & the Law
No abstract provided.
At Long Last Marriage, Jack B. Harrison
At Long Last Marriage, Jack B. Harrison
American University Journal of Gender, Social Policy & the Law
Over time, the Supreme Court has made clear its belief that marriage is one of the most significant and fundamental rights provided protection under the Constitution. In his opinion in Griswold v. Connecticut, Justice Douglas characterized marriage as a “coming together for better or for worse, hopefully enduring, and intimate to the [point] of being sacred[,]” describing it as “an association that promotes a way of life . . . a harmony in living . . . [and] a bilateral loyalty.” The Court in Griswold clearly found that marriage was deserving of protection not solely because it was the locus …
Grutter V. Bollinger 123 S. Ct. 2325 (2003), Soraya Fata, Amy Schumacher
Grutter V. Bollinger 123 S. Ct. 2325 (2003), Soraya Fata, Amy Schumacher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi
Driving Into Unreasonableness: The Driveway, The Curtilage, And Reasonable Expectations Of Privacy, Vanessa Rownaghi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Atkins V. Virginia: National Consensus Or Six-Person Opinion?, Joanna Hall
Atkins V. Virginia: National Consensus Or Six-Person Opinion?, Joanna Hall
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Injunction Junction: Enjoining Free Speech After Madsen, Schenck, And Hill, Tiffany Keast
Injunction Junction: Enjoining Free Speech After Madsen, Schenck, And Hill, Tiffany Keast
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Comment On The Paper By Gladys Acosta, Martin D. Farrell
Comment On The Paper By Gladys Acosta, Martin D. Farrell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters
Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck
Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff
American University Journal of Gender, Social Policy & the Law
No abstract provided.