Law Commons^™

Sexual Violence As The Language Of Border Control: Protecting Exceptional Difference, Miriam Ticktin

Publications and Research

When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys »taking turns« with their friends’ girlfriends, both parties usually being of Maghrebian or North …

Reproduction Reconceived, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick

Faculty Publications

This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo

Media Collection

No abstract provided.

The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman

Faculty Publications and Presentations

How has the country gone from a “firm reliance on the protection of Divine Providence” to where defining marriage as the union of one man and one woman is condemned as constitutionally irrational,and where the use of sex-separate private spaces by biological sex is subject to federal discrimination lawsuits?The answer can be traced to 1948 when Dr. Alfred C. Kinsey launched what was marketed then--and now--as the first “scientific” study of human sexuality.Indeed, Chief Judge of the Seventh Circuit Court of Appeals, Richard Posner extols Kinsey’s study as the “high-water mark of descriptive sexology.”Influential law professors such as Columbia University’s …

La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith

Law Faculty Publications

No abstract provided.

Reading Deboer And Obergefell Through The "Moral Readings Versus Originalisms" Debate: From Constitutional "Empty Cupboards" To Evolving Understandings, Linda C. Mcclain

Faculty Scholarship

This article assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation by evaluating the momentous constitutional controversy in the United States over access by same-sex couples to civil marriage. Justice Kennedy’s landmark opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “moral reading” in emphasizing dual forms of evolving understanding: of constitutional guarantees of equality and the “promise of liberty” and of the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry – and marriage …

Sovereignty Considerations And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

All Faculty Scholarship

American constitutional law scholars have long questioned whether courts can really drive social reform, and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India — spurred by developments in a special type of legal action developed in the late 1970s known as “public interest litigation,” or “PIL” — have only recently begun questioning the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged, and optimism that …

State & Federal Religious Accommodation Bills: Overview Of The 2015-2016 Legislative Session, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

Since the Supreme Court’s 2015 decision in Obergefell v. Hodges, which held that laws limiting marriage to opposite-sex couples were unconstitutional, opponents of marriage equality and LGBT rights have largely turned their attention to the enactment of religious exemption laws. These exemptions allow individuals and organizations to violate certain federal, state, and local laws and regulations that conflict with their religious faith. While some proposed bills are state-level variations on the extremely broad and general federal Religious Freedom Restoration Act (RFRA), passed in 1993, a new variety of legislation provides narrower accommodations specifically relating to religious views about sex, …

Penal Welfare And The New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen

Faculty Scholarship

No abstract provided.

Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.

On Marriage Equality And Transformation Through Preservation, Courtney Cahill

Scholarly Publications

No abstract provided.

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.

Restricting Publication Of False Statements Using Section 15 Of The Protection From Harassment Act, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

This case is the first High Court decision on the scope of s 15 of the Protection from Harassment Act. It raises interesting questions about the purpose of the Act and how its provisions relate to one another, as well as about the Government Proceedings Act and, more broadly, about the role of the law in media regulation in the Internet age.

The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In Lim Meng Suang v Attorney-General (2014), the Singapore Court of Appeal held that s 377A of the Penal Code, which criminalises acts of “gross indecency” between men whether occurring in public or private, does not infringe either the rights to equality and equal protection guaranteed by Art 12(1), or the rights to life and personal liberty guaranteed by Art 9(1) of the Constitution. This article examines the analyses of the latter provision by the Court of Appeal in Lim Meng Suang, and by the High Court in Tan Eng Hong v Attorney-General (2013) which was one of the two …

Research Brief: "Military Sexual Trauma Among Recent Veterans: Correlates Of Sexual Assault And Sexual Harassment", Institute For Veterans And Military Families At Syracuse University

Institute for Veterans and Military Families

This study examines the population prevalence of military sexual trauma among OEF/OIF-era veterans. It found that almost 41% of women and 4% of men reported a military sexual trauma, indicating a high prevalence of OEF/OIF-era veterans who have experienced an MST. In practice, servicemembers and veterans who have experienced a military sexual trauma (MST) should seek medical help, such as counseling. In policy, the Department of Defense (DoD) might continue its efforts to reduce negative repercussions often associated with reporting sexual assault or sexual harassment. Suggestions for future research include having more data on the prevalence of MST in the …

Thurgood Marshall Memorial Lecture: A Keynote Address By Mahzarin Banaji: Blindspot: Hidden Biases Of Good People 04-14-2016, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Newsroom: Are You Sure You're Not Prejudiced? 04-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Heredity In The Epigenetic Era: Are We Facing A Politics Of Reproductive Obligations?, Michael J. Crawford

Biological Sciences Publications

Recent research in the emerging field of epigenetics has implications with the potential to re-ignite acrimony in the discourse of reproductive rights, medical ethics, and the role of the state in our homes and in our lives. For scientists, epigenetics has profoundly realigned our understanding of heredity: epigenetics provides a mechanism through which the environmental challenges met in one generation can be inscribed and transmitted to future offspring. Although both genetic parents have the potential to transmit heritable epigenetic changes to their offspring, mothers have a particularly potent effect because nutrition in the uterine environment can exert a supplemental effect …

On ‘Violence Against Women’, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.

Trending @ Rwu Law: Lorraine Lalli's Post: Judge Reeves On Racial Violence, Same-Sex Marriage, 01/12/2016, Lorraine Lalli

Law School Blogs

No abstract provided.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Hidden Behind A 53 Foot Trailer: Are Women Truck Drivers At Risk For Sexual Assault?, Kim Bourne

Nursing Faculty Publications

Background. Sexual assault affects one in five women, worldwide, across their lifetime; approximately 22 million women in the United States (US). Only twenty-seven percent of the assaults are reported to the police. In the US, approximately 8% of the sexual assaults on women occur in the workplace; late hours of the night or early morning hours, working alone, working in isolated areas, working with the public, and working in a mobile workplace place women at an increased risk. There are approximately 200,000 women long-haul truck drivers in the US; 132,000 drives with a partner, and 99,000 drives with their intimate …

Hormone Check: Critique Of Olympic Rules On Sex And Gender, Erin E. Buzuvis

Faculty Scholarship

Most sports, including all Olympic sports, are divided into two categories: men's and women's. This Article first presents a history of gender testing in Olympic and international sports to illustrate why past attempts to define eligibility for women's sports have proven unfair to women with intersex conditions. It then describes the shortcomings of the International Olympic Committee’s (IOC) first effort to articulate standards of eligibility for transgender athletes. In its second Part, this Article explains the more recent efforts of the IOC and the International Association of Athletics Federations (IAAF) to define eligibility for women's sports solely on the basis …

"As Who They Really Are": Expanding Opportunities For Transgender Athletes To Participate In Youth And Scholastic Sports, Erin E. Buzuvis

Faculty Scholarship

The aim of this Article is to assist the efforts of inclusion of transgender athletes by helping decision-makers in scholastic athletics and youth sports understand why and how to create inclusive policies. These decision-makers include leaders and stakeholders in local, state, and national sport organizations.

This Article begins with an overview of policies already adopted by interscholastic athletic associations and sport governing bodies that regulate youth sport programs. It critiques policies that categorically exclude and otherwise impose limitations on transgender persons who seek to participate in sports in a manner consistent with their gender identities (what this Article will refer …

Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi

Reports

The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …

When Choice Itself Hurts The Quality Of Life, Richard Stith

Law Faculty Publications

“When Choice Itself Hurts the Quality of Life” (how the results of choice may be seen as the fault of the chooser), Human Life Review, vol. XLII, No. 4, Fall 2016. For a more extensive analysis, see "Her Choice, Her Problem: How Having a Choice Can Diminish Family Solidarity", International Journal of the Jurisprudence of the Family, 2 Intl. J. Jurisprudence Fam. 179 (2011)

Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Anti-Discrimination, Jeremiah A. Ho

Faculty Publications

This accompanying article considers the state of LGBTQ equality after the Supreme Court’s decision in Obergefell v. Hodges in 2015. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the article finds that the marriage cases at the Supreme Court — Obergefell and U.S. v. Windsor — shifted the framing of gay rights from the politics of respect that appeared more than a decade ago in Lawrence v. Texas toward a politics of respectability. The article traces this regression in Justice Kennedy’s own definition of dignity from Lawrence, where …