Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (16)
- Sexuality and the Law (5)
- Labor and Employment Law (4)
- Family Law (3)
- Law and Race (3)
-
- Arts and Humanities (2)
- Entertainment, Arts, and Sports Law (2)
- History (2)
- Law and Society (2)
- Legal Profession (2)
- Military, War, and Peace (2)
- Social and Behavioral Sciences (2)
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Criminal Law (1)
- Criminology and Criminal Justice (1)
- Defense and Security Studies (1)
- Disability Law (1)
- Education Law (1)
- Feminist, Gender, and Sexuality Studies (1)
- Fourteenth Amendment (1)
- Human Rights Law (1)
- Immigration Law (1)
- International Law (1)
- Judges (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Law and Politics (1)
- Institution
- Publication
-
- DePaul Journal of Women, Gender and the Law (8)
- University of Massachusetts Law Review (2)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Hofstra Law Review (1)
-
- ILSA Journal of International & Comparative Law (1)
- Indiana Law Journal (1)
- Journal of Civil Rights and Economic Development (1)
- Journal of Criminal Law and Criminology (1)
- Journal of Feminist Scholarship (1)
- Maine Law Review (1)
- The US Army War College Quarterly: Parameters (1)
- University of Baltimore Law Review (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau
Transgender Beneficiaries: In Becoming Who You Are, Do You Lose The Benefits Attached To Who You Were, Ashleigh C. Rousseau
Hofstra Law Review
Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase "to my son, Joseph" is used, preceding a bequest for property. Before William dies, Julia embraces her transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph's portion of William's estate? In embracing her transgender identity, is she deprived of her right to inherit?
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Genderfucking Non-Disclosure: Sexual Fraud, Transgender Bodies, And Messy Identities, Florence Ashley
Dalhousie Law Journal
If I don't tell you that I was assigned male at birth, as a transgender person, can I go to jail for sexual assault by fraud? In some jurisdictionslike England or Israel, the answer is: yes. Previous arguments against this criminalisation have focused on the realness of trans people's genders: since trans men are men and trans women are women, it is not misleading for them to present as they do. Highlighting the limitationsofthis position, which doesn't fully account for the messiness ofgendered experiences, the author puts forward an argument against the criminalisation of (trans)gender history non-disclosure rooted in privacy. …
Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson
Searching For The Parental Causes Of The School-To-Prison Pipeline Problem: A Critical, Conceptual Essay, Reginald Leamon Robinson
Journal of Civil Rights and Economic Development
(Abstract)
In this critical, conceptual essay, the author argues that the School-to-Prison Pipeline (“STPP”) simply does not exist. Long before Columbine and the enactment of zero tolerance, caregivers have been wrongly harming their children, something causing them toxic stress that triggers their stress-response system, and making it nigh impossible for children easily ensnared by suspensions, expulsions, referrals to alternative schools, and SRO arrests to have the best developmental start and cognitive abilities to succeed in public schools. Further, teachers and administrators who are pressured to report great educational metrics, and for their own childhood reasons have a near inflexible need …
If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch
If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch
ILSA Journal of International & Comparative Law
No abstract provided.
The Unequal Battlefield: How The Transgender Ban Would Affect One-Percent Of The Armed Forces, Jennifer M. Garcia
The Unequal Battlefield: How The Transgender Ban Would Affect One-Percent Of The Armed Forces, Jennifer M. Garcia
DePaul Journal of Women, Gender and the Law
No abstract provided.
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
DePaul Journal of Women, Gender and the Law
No abstract provided.
De-Segregating Attire: How Appearance Has Guided History, Greeny V. Valbuena
De-Segregating Attire: How Appearance Has Guided History, Greeny V. Valbuena
DePaul Journal of Women, Gender and the Law
No abstract provided.
One Text, Another Rendering Now: In The Wake Of Hively V. Ivy Tech Cmty. Coll. Of Ind., The Continuing Struggle To Define Sex Discrimination Under Title Vii, Kaitlyn Krall
DePaul Journal of Women, Gender and the Law
No abstract provided.
Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi
Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi
University of Massachusetts Law Review
Massachusetts proudly boasts that it has one of the oldest versions of the Attorney’s Oath in the United States. However, the Oath contains phrases that reflect both gender and religious biases. The use of the masculine form within the text, as well as the reference to God, reflect the nation’s history of intolerance and ignorance. These phrases exclude a large portion of the legal community and act as a distraction from the true purpose of an attorney’s oath, which is to remind incoming lawyers of their ethical obligations. This Article focuses primarily on the need for Massachusetts to adopt a …
The Military As A Social Experiment: Challenging A Trope, Jacqueline E. Whitt, Elizabeth A. Perazzo
The Military As A Social Experiment: Challenging A Trope, Jacqueline E. Whitt, Elizabeth A. Perazzo
The US Army War College Quarterly: Parameters
No abstract provided.
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith
Cleveland State Law Review
Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow …
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Indiana Law Journal
Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the practice …
Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts
Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts
Maine Law Review
The Commission on Gender, Justice, and the Courts was established by the Maine Supreme Judicial Court in January 1993, pursuant to a resolution adopted by the Conference of Chief Justices in 1988 urging the creation of task forces to study gender bias and minority concerns within court systems. In recent years, forty-one states, the District of Columbia, and two federal circuits have established task forces on gender bias in the courts as part of a continuing effort to achieve equality for women and men in American society. These jurisdictions recognized that access to a neutral and unbiased court is essential …
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
DePaul Journal of Women, Gender and the Law
No abstract provided.
Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.
Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.
DePaul Journal of Women, Gender and the Law
No abstract provided.
Predictive Neglect And "Unfit" Mothers - When Having A Mental Illness Means The State Takes Your Child, Amelia Lyte
Predictive Neglect And "Unfit" Mothers - When Having A Mental Illness Means The State Takes Your Child, Amelia Lyte
DePaul Journal of Women, Gender and the Law
No abstract provided.
What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower
What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower
DePaul Journal of Women, Gender and the Law
No abstract provided.
Changing The First Lady’S Mystique: Defining The First Lady’S Legal Role And Upending Gender Norms, Ashlee A. Paxton-Turner
Changing The First Lady’S Mystique: Defining The First Lady’S Legal Role And Upending Gender Norms, Ashlee A. Paxton-Turner
University of Massachusetts Law Review
This Article explores the lack of formal guidelines governing the First Lady by first considering the history of the role and how the three branches of government have typically dealt with the role. Attention is also given to the possible intersection with the anti-nepotism statute when and if the First Lady acts as an advisor to the President. This Article then goes on to suggest that this lack of formality has allowed gender norms to govern the role. In an era where women’s rights have resurfaced as a central theme in political discourse, this Article concludes by suggesting some possible …
African Women Judges On International Courts: Symbolic Or Substantive Gains?, Josephine Dawuni
African Women Judges On International Courts: Symbolic Or Substantive Gains?, Josephine Dawuni
University of Baltimore Law Review
No abstract provided.
Precarious Responsibility: Teaching With Feminist Politics In The Marketized University, Lena Wånggren
Precarious Responsibility: Teaching With Feminist Politics In The Marketized University, Lena Wånggren
Journal of Feminist Scholarship
One of the most pressing characteristics of the neoliberal restructuring of academia, together with increased managerialism, performativity measures, and a “customer service” approach, is the casualization or precarization of academic work. Casualization entails a fragmentation of academic work, where academics are forced to move between workplaces on hourly-paid and fixed-term contracts, often doing their job without access to resources such as an office, training, or paid research time. While a number of feminist scholars have investigated the ways in which feminist academics negotiate the ever-increasing mechanisms of individualization, ranking, and auditing of their work, this article focuses on the precarious …
Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright
Journal of Criminal Law and Criminology
As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …