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Articles 1 - 30 of 88
Full-Text Articles in Entire DC Network
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, …
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 …
Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea
Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea
St. John's Law Review
(Excerpt)
When JayCee Cooper walked out onto the platform at a women’s powerlifting competition for the first time, “everything else fell away: her years-long internal struggle over her gender identity, her decision to leave men’s sports when she began transitioning, her doubts that she would ever feel safe if she returned to competitions.” Powerlifting was JayCee’s way of feeling empowered in her own life, but after signing up for more competitions, she was told she could no longer compete because of a discriminatory policy that barred transgender women. Transgender athletes play sports for the same reasons as anyone else, including …
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Potential For Defensive Litigation, Charles W. "Rocky" Rhodes, Howard M. Wasserman
SMU Law Review
The Texas Heartbeat Act (SB8) prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the law adopts a unique enforcement scheme—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.
In a series of articles, we explore how SB8’s exclusive reliance on private enforcement creates procedural and jurisdictional hurdles to challenging the law’s constitutional validity and obtaining judicial review. This piece explores defensive litigation, in which …
Punishing Bar Exam Policies On Menstrual Products Must Go, Elizabeth B. Cooper, Margaret E. Johnson, Marcy L. Karin
Punishing Bar Exam Policies On Menstrual Products Must Go, Elizabeth B. Cooper, Margaret E. Johnson, Marcy L. Karin
Menstrual Policies and the Bar
No abstract provided.
Commentary On Burton V. State, Greer Donley
Commentary On Burton V. State, Greer Donley
Book Chapters
In March of 2009, Samantha Burton went into labor only 25 weeks into her pregnancy. This is a very serious pregnancy complication that not only risks the pregnant woman’s health, but also greatly reduces her potential child’s chance of survival despite the most aggressive care. Ms. Burton’s doctor prescribed, among other things, inpatient bed rest for the duration of her pregnancy, which would have required her to be separated from her two minor children at home. Ms. Burton found that recommendation unacceptable, and as a competent adult, asked to be discharged or to obtain a second opinion from another hospital. …
Severe Or Pervasive Should Not Mean Impossible And Unattainable: Why The "Severe Or Pervasive" Standard For A Claim Of Sexual Harassment And Discrimination Should Be Replaced With A Less Stringent And More Current Standard, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic
Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry
Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry
University of the District of Columbia Law Review
Despite the growing visibility and acceptance of transgender people, discrimination against them persists.1 Transgender people are routinely denied identity documents that accurately reflect their sex.2 They are excluded from service in the U.S. military and from the protections of state civil rights laws.3 They are fired from their jobs, evicted from their homes, turned away from homeless shelters, denied custody of their children, harassed by law enforcement, and deprived of access to appropriate single-sex services in schools, prisons, and immigration detention centers—because they are transgender.4
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 …
North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin
North Carolina's H.B.2: A Case Study In Lgbtq Rights, Preemption, And The (Un)Democratic Process, Mark Dorosin
Journal Publications
In 2014, community advocates in Charlotte, North Carolina, began organizing to press the city to amend its antidiscrimination ordinance to add several new protected classes, including sexual orientation, gender identity, and gender expression. After a contentious hearing where opponents argued that the change-which would allow transgender people to use public restrooms according to their gender identity-would subject women and children to "sexual predators," the city council voted down the amendment. Undaunted, advocates worked over the next several months to elect new council members and a mayor who supported LGBTQ rights. The amendments to the civil rights ordinance were then brought …
To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King
South Carolina Law Review
No abstract provided.
A Damaging Cure: Queer Youth And Conversion Therapy
A Damaging Cure: Queer Youth And Conversion Therapy
Florida A & M University Law Review
This article proceeds in six parts. Part I dissects the development of the conservative narrative that queerness is a contagious trait, how the gender norm perpetuates a broad rejection of homosexuality, and the concept of “cured passing” in terms of conversion therapy success stories. Part II examines the progression of the general LGBT rights movement by highlighting its historic adult-centered victories and elaborating how these victories allowed for the necessary space and momentum for the contemporary movement of state conversion therapy bans to gain traction. Part III provides the background and history of conversion therapy by exploring its medical origin …
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health
Florida A & M University Law Review
This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …
Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public's Health, Paul J. Mclaughlin
Library Faculty Publications
On the issue of prophylactic treatment of reproductive diseases, the sexes have historically been treated differently under medical ethics guidelines and the laws of the United States. Women have drawn the focus of medical and legal scrutiny on issues of prophylactic reproductive health. Women were often required to undergo quarantine and forced to recieve treatment for reproductive diseases considered dangerous to public health. Women are now afforded protections against involuntary prophylactic procedures to prevent diseases in reproductive organs. Specifically, women are provided access to vaccinations against the human papillomavirus at a higher rate than males despite the disease's ability to …
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
Journal Publications
Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya
Seattle Journal for Social Justice
No abstract provided.
On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris
On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris
Seattle Journal for Social Justice
No abstract provided.
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman
South Carolina Law Review
No abstract provided.
Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House
Is The United States Judicial System Failing Transgender Women? A Critical Overview, Taylor J. House
Florida A & M University Law Review
This paper will discuss the rise of the transgender civil rights movement, the problems in the judicial system, and the rights that should be afforded to transgender women. In part one, I will address the LGBTQA civil rights movement led by transgender women. In part two, I will address the transphobia in the prison system. In part three, I will address the lack of visibility of black transgender issues in the current black civil rights movement. In the fourth part, I will address whether there should be certain fundamental rights given to transgender women. In the fifth part of this …
Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf
Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Cory A DeLellis
This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.
Gen Ms 29 Harriet P. Henry Papers Finding Aid, Elizabeth Sistare
Gen Ms 29 Harriet P. Henry Papers Finding Aid, Elizabeth Sistare
Search the General Manuscript Collection Finding Aids
Description:
Harriet Putnam Henry became Maine’s first woman judge in 1973. Her expertise was in marine law and coastal management. She also has an extensive civil service record, including advocacy for women judges and work with child abuse and child welfare. She was active with the Maine Humanities Council, where the Harriet P. Henry Center for the Book was named in her honor. The Papers consist of publications and writings of Henry and others.
Date Range:
ca. 1941-1995
Size of Collection:
0.75 ft
The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer
Joe Custer
Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …
In Memory Of Professor Derrick Bell, Bell Symposium
In Memory Of Professor Derrick Bell, Bell Symposium
Seattle University Law Review
Derrick Bell—law teacher, mentor, scholar, activist, author, loving husband and father—larger than the sum of his many parts. The articles in this symposium are fitting tributes to his legacy and valuable contributions to Derrick’s memory.
That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh
That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
Massad’s thesis is simple, in fact, perfect in its simplicity. Empire is a terrible force that wants to penetrate, overpower and hegemonize. It has a center, a headquarters if you like, the West. It functions with two arms: capitalism (later neoliberal) and Euro-American hegemony. The first arm represents the objective drive of capital that transforms sites and cultures as it spreads the market in the shape of commodity exchange. It has become a universal system, Massad contends, though with varying effects on the center (West) from the periphery (rest). Whereas its march on the former has been totally transformative, in …