Law Commons^™

The Right To (Trans) Parent: A Reproductive Justice Approach To Reproductive Rights, Fertility, And Family-Building Issues Facing Transgender People, Laura Nixon

William & Mary Journal of Race, Gender, and Social Justice

In focusing on fertility preservation and the whiff of eugenics in state statutes, this Article aims to make several contributions to issues at the intersection of the LGBT and reproductive health, rights, and justice movements. This Article will show how the reproductive health issues of transgender people remain shadowed in the mainstream LGBT movement and reproductive health and rights movement. This Article will use reproductive justice principles to provide new entry points for LGBT advocates and reproductive health and rights advocates to build alliances around gender, sexuality, and reproduction by highlighting opportunities for reproductive justice advocates to engage on reproductive …

Reproductive Injustice In The New Millennium, Sybil Shainwald

William & Mary Journal of Race, Gender, and Social Justice

A reexamination of the history of abortion law in the United States is essential to an understanding of recent changes. Part I of this Article will provide a synopsis of the early Anglo-American view of abortion at common law, the early anti-abortion statutes, and the state of abortion during the early twentieth century. Part II will discuss the liberalization of abortion laws, as well as the ways in which the law pertaining to a woman’s right to choose has evolved since 1973. Finally, Part III will analyze the constitutionality of the current wave of restrictions.

Strong Voices For A Vulnerable Group, Jack T. Brock Ii

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Access To Vaginal Birth After Cesarean: Restrictive Policies And The Chilling Of Women's Medical Rights During Childbirth, Lisa Pratt

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Intimate Liability: Emotional Harm, Family Law, And Stereotyped Narratives In Interspousal Torts, Fernanda G. Nicola

William & Mary Journal of Race, Gender, and Social Justice

Tort liability expanded in the twentieth century, a shift scholars generally attribute to the reorganization of tort law around the fault principle. In privileging compensation and deterrence, this reconfiguration ended various restrictions on liability, long viewed as arbitrary, including limits to the recovery for emotional harm and interspousal immunities. Tort and family law scholars alike portray the end of such immunities as a milestone for gender equality. Their elimination enables spouses and partners to secure compensation for emotional and physical abuse arising in intimate relationships. Yet, tort law is not operating in this way. On the contrary, by endorsing a …

A Child Needs A Champion: Guardian Ad Litem Representation For Prenatal Children, Mark H. Bonner, Jennifer A. Sheriff

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Slapping The Hand Of Cultural Relativism: Female Genital Mutilation, Male Dominance, And Health As A Human Rights Framework, Preston D. Mitchum

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie

William & Mary Journal of Race, Gender, and Social Justice

Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.

This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …

The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai

William & Mary Journal of Race, Gender, and Social Justice

Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.

Sex Segregation In Public Schools: Separate But Equal?, Lily A. Saffer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Half Faith And Credit?: The Fifth Circuit Upholds Louisiana's Refusal To Issue A Revised Birth Certificate, Thomas M. Joraanstad

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Transcending The Criminal Law's "One Size Fits All" Response To Domestic Violence, Hannah Brenner

William & Mary Journal of Race, Gender, and Social Justice

Domestic violence is no longer a private matter confined within the four walls of the home. The shift from private to public is connected with marked progress within the legal system, which strives to protect victims and hold batterers accountable through a myriad of specific responses that have ranged from attitudinal and logistical shifts from law enforcement to increased attention within legal education to a general acknowledgment of the impact of domestic violence on individual victims, children, families, and the broader community to the passage of federal and state legislation.

The state legislative landscape has historically centered around a very …