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Full-Text Articles in Law
Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin
Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin
UIC Law Open Access Faculty Scholarship
One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …
Polarizing Procedures: Transsexual Inmates, Sex Reassignment Surgery, And The Eighth Amendment, 50 J. Marshall L. Rev. 747 (2017), Jameson Rammell
Polarizing Procedures: Transsexual Inmates, Sex Reassignment Surgery, And The Eighth Amendment, 50 J. Marshall L. Rev. 747 (2017), Jameson Rammell
UIC Law Review
This article argues that at present, there is not sufficient certainty within the medical and scientific communities to definitively state that SRS is medically necessary for transsexual individuals, or that it effectively relieves the negative symptoms often associated with gender dysphoria. Because the Supreme Court has held that the Eighth Amendment does not require prison officials to provide the most cutting-edge treatments available, but only an adequate level of treatment, it is not a violation of the Eighth Amendment to deny a transsexual inmate’s request for SRS. Part I explores the medical and scientific communities’ current understanding of gender dysphoria, …
Opposing Sexual Harassment May Not Be Enough For A Retaliation Claim Under Title Vii: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017), Simi Lorenz
UIC Law Review
Part II of this paper outlines Title VII of the Civil Rights of 1964 retaliation claims, types of protected activity, and types of sexual harassment. Part III will analyze the District Court and Circuit Court decisions discussing refusing sexual harassment as a protected activity. Part IV outlines the standards that the Circuit Courts should follow in determining what is necessary to constitute a protected activity. Part V examines the policy goals achieved in setting standards for how rejecting sexual harassment constitutes a protected activity. Further, Part IV outlines the analysis used by the Sixth and Eighth Circuits, which should be …