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Articles 1 - 30 of 118
Full-Text Articles in Law
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 …
Care Work, Jennifer Nedelsky
Care Work, Jennifer Nedelsky
Articles & Book Chapters
Care is routinely provided both as a commodity (paid care) and as unpaid care, usually by women. Virtually all care is treated as of low value, and care givers, paid and unpaid, are seen as low status. This devaluing of care and those who do it make care a major part of hierarchy and inequality. I argue that the solution is not more commodification (like wages for housework), but a norm of universal, unpaid care-giving. This would be made possible by a corresponding norm of limiting paid work to 30 hours a week. Part Time for All: A Care Manifesto …
Integrating Lawyers Into Perinatal Care Teams To Address Unmet, Health-Harming Legal Needs, Loral Patchen, S. Roxana Richardson, Asli Mccullers, Vicki W. Girard
Integrating Lawyers Into Perinatal Care Teams To Address Unmet, Health-Harming Legal Needs, Loral Patchen, S. Roxana Richardson, Asli Mccullers, Vicki W. Girard
Georgetown Law Faculty Publications and Other Works
Across the United States, historically imposed structural, social, and environmental variables are intimately connected to poor obstetric outcomes and high maternal and infant mortality rates among Black pregnancy-capable people. Efforts to diminish the effect of these variables include integrating screening for social determinants of health during the perinatal period and treating them with social services, mental health support, and other referrals, including connections to community-based resources. Although helpful, some of these social determinants cannot be overcome without legal advocacy. Medical–legal partnerships, which integrate lawyers into health care, fill this gap. This commentary by an interprofessional team of authors relies on …
The Human Environment: Awakening To The Indomitable Cuban Spirit—Government, Culture, And People, Berta E. Hernández-Truyol
The Human Environment: Awakening To The Indomitable Cuban Spirit—Government, Culture, And People, Berta E. Hernández-Truyol
UF Law Faculty Publications
My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.
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 …
Toggle Boggle, Leah Litman
Toggle Boggle, Leah Litman
Reviews
What is sex discrimination? Or, more generally, what is discrimination?
This question has often centered around a few recurring divisions in constitutional and antidiscrimination law. One division is between intentional discrimination and disparate impact theories of liability; another break is between formal equality and substantive equality; another, related divide is between anti-classification theories of equality and anti-subordination theories.
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 …
Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta
Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta
Popular Media
Excerpt:
"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall 2023
Mid-Atlantic Ethics Committee Newsletter, Fall 2023
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
La Significancia De La Instalación De Oficinas De Género Para Estudiantes Universitarias Lgbtq+ En Chile, Lori Hashasian
La Significancia De La Instalación De Oficinas De Género Para Estudiantes Universitarias Lgbtq+ En Chile, Lori Hashasian
Independent Study Project (ISP) Collection
This investigation explores the significance that offices of gender have for queer university students in Chile. It is based on the historical Mayo Feminista protests and the resulting passage of Ley 21.369, which aims to regulate sexual assault, gender violence, and gender discrimination in higher education. This law mandates Chilean universities to have offices of gender specifically dedicated to meeting these goals. This study draws on interviews to learn from the lived experiences of queer university students and directors of the offices of gender. It concentrates on two universities in Valparaíso, Chile: la Universidad Técnica Federico Santa María and la …
Continuous Reproductive Surveillance, Michael Ulrich, Leah R. Fowler
Continuous Reproductive Surveillance, Michael Ulrich, Leah R. Fowler
Faculty Scholarship
The Dobbs opinion emphasizes that the state’s interest in the fetus extends to “all stages of development.” This essay briefly explores whether state legislators, agencies, and courts could use the “all stages of development” language to expand reproductive surveillance by using novel developments in consumer health technologies to augment those efforts.
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
(Re)Criminalizing Abortion: Returning To The Political With Stories, George J. Annas
(Re)Criminalizing Abortion: Returning To The Political With Stories, George J. Annas
Faculty Scholarship
Abortion stories have always played a powerful role in advancing women’s rights. In the abortion sphere particularly, the personal is political. Following the Court’s reversal of Roe v. Wade, abortion politics, and abortion storytelling, take on an even deeper political role in challenging the bloodless judicial language of Dobbs with the lived experience of women.
Four Pathbreaking Women Judges To Participate In Iu Conference And Public Discussion Monday, Sept. 25, James Owsley Boyd
Four Pathbreaking Women Judges To Participate In Iu Conference And Public Discussion Monday, Sept. 25, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Four distinguished women judges from the Middle East and North Africa—including the first female judge in Jordanian history—will visit the Indiana University Bloomington campus Sept. 25-26 for a conference titled “Women Judges in Dialogue,” where they will discuss their own experience as women in the judiciary as well as issues surrounding constitutional adjudication in the region. They will be joined by faculty from the Hamilton Lugar School of Global and International Studies and the Maurer School of Law.
Sponsored by the Center for the Study of the Middle East (CSME) at HLS and the Center for Constitutional Democracy (CCD) …
Care Work, Gender Equality, And Abortion: Lessons From Comparative Feminist Constitutionalism, Linda C. Mcclain
Care Work, Gender Equality, And Abortion: Lessons From Comparative Feminist Constitutionalism, Linda C. Mcclain
Faculty Scholarship
Julie Suk, After Misogyny: How the Law Fails Women and What to Do About It (2023).
Julie Suk’s ambitious book, After Misogyny: How the Law Fails Women and What to Do About It, contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment. That “moment” includes being four years into the COVID-19 pandemic and over one year into the post-Roe v. Wade and Planned Parenthood v. Casey world wrought by Dobbs v. Jackson Women’s Health Organization. That moment …
The Impact Of Us Abortion Policy On Rheumatology Clinical Practice: A Cross-Sectional Survey Of Rheumatologists, Bonnie L. Bermas, Irene Blanco, Rosalind Ramsey-Goldman, Ashira D. Blazer, Megan E.B. Clowse, Cuoghi Edens, Greer Donley, Leslie Pierce, Catherine Wright, Mehret Birru Talabi
The Impact Of Us Abortion Policy On Rheumatology Clinical Practice: A Cross-Sectional Survey Of Rheumatologists, Bonnie L. Bermas, Irene Blanco, Rosalind Ramsey-Goldman, Ashira D. Blazer, Megan E.B. Clowse, Cuoghi Edens, Greer Donley, Leslie Pierce, Catherine Wright, Mehret Birru Talabi
Articles
In June of 2022, the US Supreme Court's decision in Dobbs v Jackson Women’s Health overturned Roe v Wade, finding that there was no federal constitutional right to abortion. Subsequently, almost one third of states have near-total abortion bans in effect. Our team distributed a confidential web-based survey to a sample of US-based rheumatologists to assess how the Dobbs decision is affecting the clinical care of reproductive-age females with rheumatic diseases (RMDs), including teratogen prescribing, pregnancy termination referrals, and rheumatologists’ perceived vulnerability to criminalization.
"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson
"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson
Faculty Scholarship
In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …
Meet Our New Faculty: Valena Beety, James Owsley Boyd
Meet Our New Faculty: Valena Beety, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
You’ve read about some of the amazing students we have starting with us next week. Now we’ll introduce you to some of the new faculty who have joined us over the summer. First up is Valena Beety, the Robert H. McKinney Professor of Law. Prof. Beety was most recently Professor of Law and Deputy Director of the Academy for Justice at theArizona State University Sandra Day O’Connor College of Law.
It's Time For Employers To Address Menopause, Experts Say, Anne Cullen, Marcy Karin
It's Time For Employers To Address Menopause, Experts Say, Anne Cullen, Marcy Karin
UDC Law Faculty in the News
No abstract provided.
Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan
Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan
Articles
Decades of social science research has shown that the identity of the parties in a legal action can affect case outcomes. Parties’ race, gender, class, and age all affect decisions of prosecutors, judges, juries, and other actors in a criminal prosecution or civil litigation. Less studied has been how identity might affect other forms of legal regulation. This Essay begins to explore perceptions of deceptive behavior—i.e., how wrongful it is, and the extent to which it should be regulated or punished—and the relationship of those perceptions to the gender of the actors. We hypothesize that ordinary people tend to perceive …
Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela J. Keet
Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela J. Keet
Articles & Book Chapters
The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …
Remarks On Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights, Amber Baylor, Valena Beety, Susan Sturm
Remarks On Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights, Amber Baylor, Valena Beety, Susan Sturm
Articles by Maurer Faculty
The following are remarks from a panel discussion co-hosted by the Columbia Journal of Gender and Law and the Center for Gender and Sexuality Law on the book Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights.
Kate Kelly’S Ordinary Equality: The Fearless Women And Queer People Who Shaped The U.S. Constitution And The Equal Rights Amendment, B. Austin Waters
Kate Kelly’S Ordinary Equality: The Fearless Women And Queer People Who Shaped The U.S. Constitution And The Equal Rights Amendment, B. Austin Waters
Law Librarian Book Reviews
No abstract provided.
Gender, Race, And Job Satisfaction Of Law Graduates, Joni Hersch
Gender, Race, And Job Satisfaction Of Law Graduates, Joni Hersch
Vanderbilt Law School Faculty Publications
Studies typically find that lawyers have high job satisfaction and that women are not less satisfied than are men. But racial differences as well as gender differences by race or ethnicity in satisfaction may be masked because most lawyers identify as racially White. To examine whether job satisfaction differs by race and whether gender and race/ethnicity have an intersectional relation to job satisfaction, I use data on nearly 13,000 law graduates drawn from six waves of the National Survey of College Graduates (NSCG) conducted between 2003 and 2019. The NSCG uniquely provides a large enough sample to examine intersectionality in …
Femtechnodystopia, Leah R. Fowler, Michael Ulrich
Femtechnodystopia, Leah R. Fowler, Michael Ulrich
Faculty Scholarship
Reproductive rights, as we have long understood them, are dead. But at the same time history seems to be moving backward, technology moves relentlessly forward. Femtech products, a category of consumer technology addressing an array of “female” health needs, seem poised to fill gaps created by states and stakeholders eager to limit birth control and abortion access and increase pregnancy surveillance and fetal rights. Period and fertility tracking applications could supplement or replace other contraception. Early digital alerts to missed periods can improve the chances of obtaining a legal abortion in states with ever-shrinking windows of availability or prompt behavioral …