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Full-Text Articles in Law
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.
Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench
Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Good Faith Discrimination, Girardeau A. Spann
Good Faith Discrimination, Girardeau A. Spann
William & Mary Bill of Rights Journal
The Supreme Courts current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Courts racial jurisprudence stem from the Courts willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination. …
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
William & Mary Law Review
This Article engages the two-hundred-year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent associations of people from whom such rights are derived. The Article draws on the history of business corporations in America to argue that the Court’s characterization of corporations as associations made sense throughout most of the nineteenth century. By the late nineteenth century, however, when the Court was deciding several key cases involving corporate rights, this associational view was already becoming a poor fit for some corporations. The Court’s failure …
Unhappy Meals: Sex Discrimination In Toy Choice At Mcdonald’S, Ian Ayres, Antonia Rose Ayres-Brown
Unhappy Meals: Sex Discrimination In Toy Choice At Mcdonald’S, Ian Ayres, Antonia Rose Ayres-Brown
William & Mary Journal of Race, Gender, and Social Justice
This Essay reports on a commonplace form of sex discrimination that we unsuccessfully challenged in a lawsuit before the Connecticut Human Rights Commission. In a small-scale pilot study that we conducted 5 years ago (which was the basis of our initial complaint) and in a follow-up study conducted in 2013, we found that McDonald’s franchises, instead of asking drive-through customers ordering a Happy Meal about their toy preference, asked the customer for the sex of the customer’s child (“Is it for a boy or a girl?”) and then gave different types of toys for each sex. Moreover, our 2013 visits …