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The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani 2022 Indiana University; Seattle University School of Law

The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani

University of Michigan Journal of Law Reform

Social movements like #MeToo have gained public traction like never before. In this Article, we place those developments within their historical context and chart a path forward. First, we provide a history of the prior unsuccessful attempts to ratify an Equal Rights Amendment, and we discuss that effort’s current legal status and prospects. Then, we briefly review the history of sexual harassment law. Having outlined this historical context, we move to contemporary developments. We describe actions that state legislatures and local municipalities have taken to address the concerns raised by the #MeToo movement. Finally, we discuss how inflection points ...


Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch 2022 Brigham Young University Law School

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.


Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson 2022 Brigham Young University Law School

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


New Approaches To Disarming Domestic Abusers, Natalie Nanasi 2022 Villanova University Charles Widger School of Law

New Approaches To Disarming Domestic Abusers, Natalie Nanasi

Villanova Law Review

No abstract provided.


Inconceivable Families, Malinda L. Seymore 2022 Texas A&M University School of Law

Inconceivable Families, Malinda L. Seymore

Faculty Scholarship

Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can be adopted, that child must first be cut off from their family of birth, rendering the equation of adoption one of subtraction, not addition. This Article examines the biological model of adoption that insists on mimicking the nuclear family—erasing one set of parents and replacing ...


#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner 2022 University of Utah, SJ Quinney College of Law

#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner

Utah Law Review

This symposium gathered scholars and practitioners who have been deeply engaged in the work to examine historical roots of the legal profession and discuss best practices for exploring ethnic, gender, and related inequities alongside our law students. It is well established that the legal profession and legal education neither reflect the community they serve nor swiftly respond to the social shifts within the broader society.3 As 2020 grossly revealed, ethnic partiality and division are aches we have yet to really confront and bear. For example, the casebook method format of legal education continues to model Christopher Langdell’s Gilded ...


Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel 2022 Villanova University Charles Widger School of Law

Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker 2022 Villanova University Charles Widger School of Law

Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Decolonizing The Corpus: A Queer Decolonial Re-Examination Of Gender In International Law's Origins, David Eichert 2022 London School of Economics

Decolonizing The Corpus: A Queer Decolonial Re-Examination Of Gender In International Law's Origins, David Eichert

Michigan Journal of International Law

This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in influential legal texts, discursively creating a world in which wartime violence only featured men and women in strictly defined roles (a construction which continues to influence the practice of law today). In Part Two, I decenter these dominant discourses by looking outside Europe, questioning what a truly “international” law ...


Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins 2022 University of the District of Columbia School of Law

Is It Hot In Here Or Is It Just Me? A Call For Menopause Equity In The Workplace, Leslie Mullins

University of the District of Columbia Law Review

In a society where many topics related to female reproduction are considered taboo, menopause is especially stigmatized because of its intersection with age and a perception that a woman’s value ends with her reproductive ability.1 As described by Gail Sheehy (“Sheehy”) in The Silent Passage, menopause is “one of the most misunderstood passages in a woman's life.”2 Menopause causes shame and stigma because of its association with middle age in a culture obsessed with youth.3 The failure of courts to extend available protections to claims related to menopause denies millions of working persons protections from ...


_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman 2022 University of Tennessee, Knoxville

_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman

Pursuit - The Journal of Undergraduate Research at The University of Tennessee

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture trivializes sexual ...


Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin 2022 University of the District of Columbia David A Clarke School of Law

Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin

Menstrual Policies and the Bar

No abstract provided.


Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink 2022 California Western School of Law

Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink

Faculty Scholarship

Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021 ...


Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain 2022 Aga Khan University

Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain

Department of Paediatrics and Child Health

No abstract provided.


Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz 2022 Villanova University Charles Widger School of Law

Adding Sexual Harassment Prevention To The Menu: Sexual Harassment Prevention As A Condition Of Food Safety Licensing In The Restaurant Industry, Susan R. Fiorentino, Sandra M. Tomkowicz

Villanova Law Review

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser 2022 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy 2022 University at Buffalo School of Law

You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy

Buffalo Law Review

No abstract provided.


Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy 2022 Health Law Institute at the University of Neuchâtel; Tel Aviv University

Surrogacy And Parenthood: A European Saga Of Genetic Essentialism And Gender Discrimination, Mélanie Levy

Michigan Journal of Gender & Law

This paper tells a story of shifting normativities, from tradition to modernity and back, regarding the recognition of legal parenthood in non-traditional families created through crossborder surrogacy. The cross-border nature of the surrogacy is often forced as most domestic legal frameworks in Europe still restrict the creation of non-traditional families through assisted reproductive technologies. Once back home, these families struggle to have birth certificates recognized and establish legal parenthood. The disjuncture between social reality and domestic law creates a situation of legal limbo. In its recent case law, the European Court of Human Rights has pushed for domestic authorities to ...


Cruel Dilemmas In Contemporary Fertility Care: Problematizing America's Failure To Assure Access To Fertility Preservation For Trans Youth, Anna Reed 2022 HIPS, D.C.; Georgetown’s O’Neill Institute for National and Global Health Law

Cruel Dilemmas In Contemporary Fertility Care: Problematizing America's Failure To Assure Access To Fertility Preservation For Trans Youth, Anna Reed

Michigan Journal of Gender & Law

Transgender youth are increasingly able to access gender-affirming healthcare. Because gender-affirming care such as hormone therapy is clinically shown to reduce gender dysphoria and ease physical and social transition, every major U.S. medical association recognizes that gender-affirming healthcare is medically necessary for the treatment of dysphoria. However, an important dimension of gender-affirming care remains under-insured and overpriced: fertility preservation (FP). Several studies indicate that hormone therapies and certain gender-affirming surgeries can have negative, long-term impacts on future fertility. Although these impacts can be mitigated through approved FP methods such as sperm cryopreservation and oocyte cryopreservation, such methods are rarely ...


Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke 2022 University of Michigan Law School

Pregnant Transgender People: What To Expect From The Court Of Justice Of The European Union's Jurisprudence On Pregnancy Discrimination, Hannah Van Dijcke

Michigan Journal of Gender & Law

Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and ...


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