Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (32)
- Sexuality and the Law (30)
- Law and Society (16)
- Legislation (10)
- Education Law (9)
-
- Labor and Employment Law (9)
- Constitutional Law (8)
- Human Rights Law (8)
- State and Local Government Law (7)
- Law and Politics (5)
- Comparative and Foreign Law (4)
- Gender and Sexuality (4)
- Jurisprudence (4)
- Legal Remedies (4)
- Social and Behavioral Sciences (4)
- Sociology (4)
- Criminal Procedure (3)
- Health Law and Policy (3)
- Juvenile Law (3)
- Administrative Law (2)
- Criminal Law (2)
- Education (2)
- Entertainment, Arts, and Sports Law (2)
- Inequality and Stratification (2)
- Law and Race (2)
- Legal History (2)
- Medical Jurisprudence (2)
- Military, War, and Peace (2)
- Institution
-
- University of Michigan Law School (21)
- American University Washington College of Law (4)
- St. Mary's University (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Maine School of Law (3)
-
- DePaul University (2)
- Roger Williams University (2)
- University of Richmond (2)
- University of South Carolina (2)
- Barry University School of Law (1)
- Brigham Young University (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Florida A&M University College of Law (1)
- Marquette University Law School (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Pace University (1)
- University of New Hampshire (1)
- University of Washington School of Law (1)
- University of Washington Tacoma (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Michigan Journal of Gender & Law (17)
- American University Journal of Gender, Social Policy & the Law (4)
- The Scholar: St. Mary's Law Review on Race and Social Justice (4)
- Journal of Race, Gender, and Ethnicity (3)
- Maine Law Review (3)
-
- DePaul Journal of Women, Gender and the Law (2)
- Roger Williams University Law Review (2)
- South Carolina Law Review (2)
- University of Michigan Journal of Law Reform (2)
- University of Richmond Law Review (2)
- Access*: Interdisciplinary Journal of Student Research and Scholarship (1)
- Barry Law Review (1)
- Brigham Young University Prelaw Review (1)
- Brooklyn Law Review (1)
- Chicago-Kent Law Review (1)
- Florida A & M University Law Review (1)
- Marquette Law Review (1)
- Michigan Law Review (1)
- Michigan Law Review Online (1)
- Mitchell Hamline Law Review (1)
- NYLS Law Review (1)
- Pace Intellectual Property, Sports & Entertainment Law Forum (1)
- The University of New Hampshire Law Review (1)
- Touro Law Review (1)
- Washington Law Review (1)
- Washington and Lee Law Review (1)
Articles 1 - 30 of 57
Full-Text Articles in Law and Gender
The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton
The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton
Roger Williams University Law Review
No abstract provided.
The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.
The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.
Access*: Interdisciplinary Journal of Student Research and Scholarship
U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …
The Missouri Birth Certificate Statute: How It Strips Transgender Service Members Of Fundamental Rights And Hinders Their Ability To Serve Openly In The U.S. Military, Taylor Blevins
Mitchell Hamline Law Review
No abstract provided.
State V. Hudgen¸ 272 A.3d 1069 (R.I. 2022)., Judd W. Krasher
State V. Hudgen¸ 272 A.3d 1069 (R.I. 2022)., Judd W. Krasher
Roger Williams University Law Review
No abstract provided.
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Sex Trait Discrimination: Intersex People And Title Vii After Bostock V. Clayton County, Sam Parry
Washington Law Review
Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections to LGBTQ+ people. However, in 2020, the U.S. Supreme Court decision in Bostock v. Clayton County changed this. Bostock explicitly extended Title VII’s protections against workplace discrimination to “homosexual” and “transgender” people, reasoning that it is impossible to discriminate against an employee for being gay or transgender without taking the employee’s sex into account. While Bostock is a win for LGBTQ+ rights, the opinion leaves several questions unanswered. The reasoning in …
Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda
Leave Them Kids Alone: State Constitutional Protections For Gender-Affirming Healthcare, Jessica Matsuda
Washington and Lee Law Review
State legislatures across the nation are continually targeting the rights of transgender individuals with a variety of laws affecting everything from bathrooms to medical care. One particularly invasive type of legislation, the gender-affirming healthcare ban, seeks to prohibit all forms of healthcare that align a person’s physical traits with their gender identity for individuals under eighteen. Bans like this severely impede the treatment necessary for transgender youth suffering from gender dysphoria, which carries serious physical consequences and sometimes fatal psychological repercussions. As legislative sessions pass, more and more states are introducing and actually enacting these bans
Striking down these bans …
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.
First, this comment traces the history of the recognition of transgender people and transgender rights …
“That Name Is Dead To Me”: Reforming Name Change Laws To Protect Transgender And Nonbinary Youth, Sarah Steadman
“That Name Is Dead To Me”: Reforming Name Change Laws To Protect Transgender And Nonbinary Youth, Sarah Steadman
University of Michigan Journal of Law Reform
Content warning: this Article discusses suicidality.
For transgender and some nonbinary youth, living under a chosen name is a first step toward becoming their authentic selves. For these youth, a name change is powerful; it allows them to choose a name that matches their gender identity. They consider their birth name to be a distressing “dead” name—one that they cannot relate to and need to bury.
Using one’s chosen name decreases suicidality among transgender youth who face many challenges, including family rejection and other severe mental health stressors. Transgender and nonbinary youth can only require others to use their chosen …
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
On Period Poverty, Victoria J. Haneman
On Period Poverty, Victoria J. Haneman
Journal of Race, Gender, and Ethnicity
No abstract provided.
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina
Journal of Race, Gender, and Ethnicity
No abstract provided.
Because Of Bostock, Noelle N. Wyman
Because Of Bostock, Noelle N. Wyman
Michigan Law Review Online
On a below-freezing January morning, Jennifer Chavez, an automobile technician, sat in a car that she was repairing to keep warm while waiting for delayed auto parts to arrive. Without intending to, she nodded off. Her employer promptly fired her for sleeping on the job. At least, that is the justification her employer gave. But Chavez had reason to believe that her coming out as transgender motivated the termination. In the months leading up to the January incident, Chavez’s supervisor had told her to “tone things down” when she talked about her gender transition. The repair-shop owner said that the …
Foreword, Cindy Chau
I Am Woman, Hear Me Roar: Denial Of Sexual Reassignment Surgery For Transgender Inmates And The Eighth Amendment’S Ban On Cruel And Unusual Punishment, Chiara Haueter
Touro Law Review
No abstract provided.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Pace Intellectual Property, Sports & Entertainment Law Forum
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson
Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson
Brigham Young University Prelaw Review
In 2012, Mason Edmo pleaded guilty to the sexual abuse of a fifteenyear-
old boy and was sentenced to ten years in prison. While in
prison, Edmo announced that she identified as a female and changed
her name to Adree. Edmo went on to request gender confirmation
surgery (also known as “sex reassignment surgery”) while still in
prison. Initially, Edmo was not granted the surgery by the Idaho
Department of Corrections, and went on to self-harm and attempt
self-castration twice. In 2017, Edmo filed suit against the Idaho State
Department of Corrections (IDOC) and won. The IDOC disagreed
with the …
Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price
Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price
Marquette Law Review
None
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
To Protect Or Not To Protect, An Empirical Approach To Predicting Where The Fourth Circuit Would Stand On Coverage For Sexual Orientation Discrimination Under Title Vii, Mary Stuart King
South Carolina Law Review
No abstract provided.
Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise
Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise
Michigan Journal of Gender & Law
As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity. This Note posits …
Transparenthood, Sonia K. Katyal, Ilona M. Turner
Transparenthood, Sonia K. Katyal, Ilona M. Turner
Michigan Law Review
Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or …
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.
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender & Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …
Sick And Tired Of Hearing About The Damn Bathrooms, Colin Pochie
Sick And Tired Of Hearing About The Damn Bathrooms, Colin Pochie
Chicago-Kent Law Review
Gavin Grimm’s struggle to access restrooms which align with his gender identity brought the plight of transgender students to the fore of national consciousness. With it came scrutiny of the judiciary’s historical failure to understand transgender individuals’ place in the law. The trend in cases like G.G. ex rel. Grimm v. Gloucester County School Board and Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education is reliance on equality theory and the law of sex stereotyping. And yet sex-stereotyping law does not mesh soundly with equality theory. Equality theory eradicates gendered difference—but the law of …
Obergefell Liberates Bathrooms, Ayana Osada
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Maine Law Review
The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …
Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow
Gender Typing In Stereo: The Transgender Dilemma In Employment Discrimination, Richard F. Storrow
Maine Law Review
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against men because they are men and against women because they are women. This familiar characterization of the Act has been quoted in dozens of sex discrimination cases to support a narrow view of who is protected against sex discrimination in this country. When transsexuals file suit, “[e]mployment discrimination jurisprudence at both the federal and state levels ... captures transsexuals in a discourse of exclusion from social participation. This wide net, using a remarkably refined system of semantic manipulations, snags all claims launched by transsexuals and reveals …
Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman
Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman
Maine Law Review
Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires students to …
Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.