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Articles 451 - 480 of 7774
Full-Text Articles in Law
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia González
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia González
St. John's Law Review
(Excerpt)
The persistent criminalization and pathologizing of Black youth in the U.S. educational system is a fundamental driver for their entry into the criminal legal system. Despite decades of evidence of the far-reaching harms of the “school-to-prison pipeline” and, more recently, demands from Black Lives Matter activists to defund school police, the role of schools in criminalizing Black girls has been left out of mainstream academic discourse. This occurs even though Black girls experience some of the most subjective and discriminatory practices in schools and evidence of an upward trend in discipline disparities since the mid-2000s. For Black girls with …
Liability For Toxic Workplace Cultures, Dana Florczak
Liability For Toxic Workplace Cultures, Dana Florczak
University of Michigan Journal of Law Reform
Title VII is meant to protect employees from discrimination and has historically been a crucial tool for creating social change in the workplace. But when considering modern-day workplace discrimination wrought by “toxic workplace cultures” defined herein, Title VII’s frameworks for confronting systemic discrimination prove outdated and ineffective. This Note proposes the codification of a new theory of discrimination under Title VII targeting toxic workplace cultures, with substantive and procedural elements working in tandem to better enable plaintiffs to collectively bring actions to hold employers accountable for fostering discriminatory environments. Part I defines toxic workplace cultures and walks through case studies …
Sexual Orientation, Gender Identity, And Homelessness Post-Bostock, Alaina Richert
Sexual Orientation, Gender Identity, And Homelessness Post-Bostock, Alaina Richert
University of Michigan Journal of Law Reform
Housing discrimination on the basis of sexual orientation and gender identity is a critical problem facing LGBTQ+ people in the United States. In addition, LGBTQ+ people, particularly transgender people, disproportionately suffer from homelessness and face discrimination by homeless shelters on the basis of sexual orientation and gender identity. This homelessness and discrimination both disproportionately affect transgender people of color. This Note makes two contributions that would enable courts to grant meaningful relief in these contexts. First, it argues that “sex” in the Fair Housing Act includes sexual orientation and gender identity after the holding in Bostock v. Clayton County. Second, …
Faq On The U.S. Archivist And The Future Of The Equal Rights Amendment, Center For Gender And Sexuality Law
Faq On The U.S. Archivist And The Future Of The Equal Rights Amendment, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
On Wednesday, September 21, 2022, the Senate will hold hearings on the nomination of Colleen Shogan as the new Archivist of the United States. This FAQ offers a short primer on what the Archivist does, her official role in the finalization of proposed amendments to the U.S. Constitution, including the Equal Rights Amendment (ERA), and the impact of Archivist action on the validity of the ERA.
#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner
#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner
Utah Law Review
This symposium gathered scholars and practitioners who have been deeply engaged in the work to examine historical roots of the legal profession and discuss best practices for exploring ethnic, gender, and related inequities alongside our law students. It is well established that the legal profession and legal education neither reflect the community they serve nor swiftly respond to the social shifts within the broader society.3 As 2020 grossly revealed, ethnic partiality and division are aches we have yet to really confront and bear. For example, the casebook method format of legal education continues to model Christopher Langdell’s Gilded Age curriculum, …
Inconceivable Families, Malinda L. Seymore
Inconceivable Families, Malinda L. Seymore
Faculty Scholarship
Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can be adopted, that child must first be cut off from their family of birth, rendering the equation of adoption one of subtraction, not addition. This Article examines the biological model of adoption that insists on mimicking the nuclear family—erasing one set of parents and replacing them …
Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker
Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel
Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Watercooler Is Safer Than The Schoolyard: Lower Courts Dismissal Of Peer Sexual Harassment Under Title Ix Is Especially Failing Our Students In The “#Metoo” World, Christine Tamer
St. John's Law Review
(Excerpt)
While the term #MeToo was first coined in 2006, the movement came to the forefront of American life in October 2017 when actress Alyssa Milano tweeted, “if you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” Since then, the #MeToo movement has exposed the fact that sexual harassment remains all too common and has pushed for change in the legal procedures that have failed victims. In the #MeToo world, sexual harassment is “finally getting the public attention it has long deserved” and the public has come together to deem it—in one word—unacceptable.
While …
Hidden Figures: Wage Inequity And Economic Insecurity For Black Women And Other Women Of Color, Cassandra Jones Havard
Hidden Figures: Wage Inequity And Economic Insecurity For Black Women And Other Women Of Color, Cassandra Jones Havard
St. John's Law Review
(Excerpt)
One hundred years after women secured the right to vote, wage inequality remains prevalent in the United States. The gender wage gap, or pay inequity based solely on sex, arguably, is a measure of the current failure of full and equal participation by women in American society. The gender wage gap exists despite federal legislation designed to further wage equality. In fact, a difference as small as two cents over a lifetime costs a woman approximately $80,000. Currently, it is predicted that for a majority of white women, the pay parity will be attained between 2059–2069. However, Black women …
Decolonizing The Corpus: A Queer Decolonial Re-Examination Of Gender In International Law's Origins, David Eichert
Decolonizing The Corpus: A Queer Decolonial Re-Examination Of Gender In International Law's Origins, David Eichert
Michigan Journal of International Law
This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in influential legal texts, discursively creating a world in which wartime violence only featured men and women in strictly defined roles (a construction which continues to influence the practice of law today). In Part Two, I decenter these dominant discourses by looking outside Europe, questioning what a truly “international” law would look …
Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren
Antiabortion Civil Remedies And Unwed Fatherhood As Genetic Entitlement, Yvonne F. Lindgren
Faculty Works
Antiabortion civil remedy laws in effect in five states grant putative fathers the right to sue abortion providers for wrongful death regardless of their relationship to the gestating parent. While these laws represent an important new development in the movement to restrict the abortion right, they also expand parental recognition of unwed fathers. Constitutional law requires that unwed fathers who seek to assert parental rights must establish that they possess both biological connection and a relationship with their child or the gestating parent—what has come to be known as “biology-plus.” However, antiabortion civil remedy laws vest parental recognition and rights …
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins
University of the District of Columbia Law Review
In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from unlawful discrimination under the Americans …
States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut
States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut
Indonesian Journal of International Law
In 2016, Zarizana Abdul Aziz and Janine Moussa developed the ‘Due Diligence Framework of States Responsibility in the Elimination of Violence against Women (VAW)’, based on a study their team conducted worldwide beginning in 2011. The framework establishes five domains of due diligence in assessing states responsibility (the “5Ps”) in eliminating VAW: prevention; protection; prosecution; punishment of perpetrators, and provision of redress and reparation for victims/survivors. States are responsible to uphold human rights protection for all people, particularly in eliminating VAW without any discrimination. Indonesia constituted protection measures through laws pertaining to VAW but there are barriers in effectively protecting …
_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman
_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman
Pursuit - The Journal of Undergraduate Research at The University of Tennessee
In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …
Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin
Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin
Menstrual Policies and the Bar
No abstract provided.
Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams
Employee Nondisclosure Agreements In South Carolina: Easily Made, Easily Broken, Samuel C. Williams
South Carolina Law Review
No abstract provided.
The Equal Rights Amendment And Lgbtq Rights, Including Marriage Equality, Center For Gender And Sexuality Law
The Equal Rights Amendment And Lgbtq Rights, Including Marriage Equality, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
Below, we provide an analysis of the potential for the Equal Rights Amendment (ERA) to strengthen protections for LGBTQ rights, including marriage equality. Currently pending before the U.S. Senate is a resolution that would lift any congressionally imposed deadline for final ratification of the ERA. Lifting that deadline would remove the last legal impediment to adding the ERA to the Constitution, which would then constitutionalize, and thus secure, rights currently enjoyed by LGBTQ people that are vulnerable to reversal by the Supreme Court in a future case.
Shades Of Life In Indian Abortion Law, Gauri Pillai
Shades Of Life In Indian Abortion Law, Gauri Pillai
Articles
This case comment analyses the recent Kerala High Court decision in Cry of Life Society v Union of India, where a petition was filed to declare India's law on abortion unconstitutional for violating the right to life of the foetus. The High Court dismissed the petition, upholding the constitutionality of the legislation as protecting women's right to life. The author discusses the High Court's order, narrowing in on the right to life argument used by the Court, and the right to life argument that the Court missed. This analysis distills and responds to the 'shades of life' underlying abortion law …
A Stitch In Time Saves Nine: How The State Of Ohio Can Save Money And Distress Through Legal Training For Pre-Service Teachers, Karin Mika, Christine Mika
A Stitch In Time Saves Nine: How The State Of Ohio Can Save Money And Distress Through Legal Training For Pre-Service Teachers, Karin Mika, Christine Mika
Law Faculty Articles and Essays
For simplicity, this Note will focus on the educational requirements for high school teachers rather than elementary or middle school teachers. Here, the requirements include core content instruction, literacy instruction, and a 12-week student teaching experience. Additionally, ODHE issues a vague requirement of preparation in six different Ohio school-related standards. Only one of those standards, the Ohio Standards for the Teaching Profession, even mentions correctly applying the law.
There is clearly a need for some form of legal preparation for teachers in Ohio that must take place before an individual becomes a teacher. Not only is there an ethical obligation …
(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 …
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 …
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 …
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 …
The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla
The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla
Faculty Scholarship
The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other external and internal forces. This Article suggests how to increase the number of Latina law deans and emphasizes why it matters.
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Faculty Scholarship
Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …
Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain
Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain
Department of Paediatrics and Child Health
No abstract provided.
Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz
Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz
Villanova Law Review
No abstract provided.
Case Law On American Indians, Thomas P. Schlosser
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.