Patent Performativity,
2022
University of California, Irvine
Patent Performativity, Dan L. Burk
Journal of Intellectual Property Law
Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through ...
Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade,
2022
Boston University School of Law
Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai
Shorter Faculty Works
Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.
Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes,
2022
Boston University School of Public Health; Boston University School of Law
Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain
Shorter Faculty Works
Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.
The Skin, The Law, And Women In The United States From The 1600s To The 1960s,
2022
California State University, San Bernardino
The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight
Electronic Theses, Projects, and Dissertations
For a country that has been built on the legacy of freedom and the idea of individual rights, the United States has a history of legalizing oppressive policies and denying rights and freedom based on the color of one’s skin. As scholars take on the issue of Colorism within the American society, this thesis works to examine the origins of white supremacy and its legalization through the institutions of American enslavement and the era of Jim Crow. First examining the portrayal of those of African descent and its connection to white supremacy during the period of enslavement, this thesis ...
Protecting A Woman’S Right To Abortion During A Public Health Crisis,
2022
St. Mary's University School of Law
Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.
This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.
According to the Fifth ...
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas,
2022
St. Mary's University School of Law
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 ...
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run,
2022
Mitchell Hamline School of Law
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with ...
“She’S Earned This”: Angela Onwuachi-Willig Rejoices In Historic Confirmation,
2022
Boston University School of Law
“She’S Earned This”: Angela Onwuachi-Willig Rejoices In Historic Confirmation, Angela Onwuachi-Willig
Shorter Faculty Works
Angela Onwuachi-Willig, the dean of Boston University’s School of Law—the first Black woman to be dean of a top-20 law school—is rejoicing. The first Black woman has been confirmed to the US Supreme Court.
Onwuachi-Willig has had Ketanji Brown Jackson’s back from the moment President Biden announced he would nominate the federal judge to the nation’s highest court.
18th Annual Diversity Symposium Dinner,
2022
Roger Williams University
18th Annual Diversity Symposium Dinner, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Insuring Contraceptive Equity,
2022
Northwestern Pritzker School of Law
Insuring Contraceptive Equity, Jennifer Hickey
Northwestern Journal of Law & Social Policy
The United States is in the midst of a family planning crisis. Approximately half of all pregnancies nationwide are unintended. In recognition of the social importance of family planning, the Affordable Care Act (ACA) includes a “contraceptive mandate” that requires insurers to cover contraception at no cost. Yet, a decade after its enactment, the ACA’s promise of universal contraceptive access for insured women remains unfulfilled, with as many as one-third of U.S. women unable to access their preferred contraceptive without cost.
While much attention has been focused on religious exemptions granted to employers, the primary barrier to no-cost ...
Small Gestures And Unexpected
Consequences: Textualist Interpretations
Of State Antidiscrimination Law
After Bostock V. Clayton County,
2022
Fordham University School of Law
Small Gestures And Unexpected Consequences: Textualist Interpretations Of State Antidiscrimination Law After Bostock V. Clayton County, Anastasia E. Lacina
Fordham Law Review
The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County expanded Title VII’s coverage of victims of sex discrimination in employment by interpreting the statute to also protect LGBTQ+ employees who were discriminated against because of their sexual orientation and/or gender identity. Although Bostock only applies precedentially to Title VII, the long and interwoven history of state antidiscrimination statutes shows that the ruling may reach beyond federal law. This Note examines state court cases that have considered whether to apply Bostock’s reasoning to the interpretation of state antidiscrimination statutes. Furthermore, this Note argues in ...
Frozen Embryos, Male Consent, And Masculinities,
2022
Pennsylvania State University Dickinson School of Law
Frozen Embryos, Male Consent, And Masculinities, Dara E. Purvis
Indiana Law Journal
Picture two men facing the possibility of unwanted fatherhood. One man agreed to go through in vitro fertilization (IVF) with his partner, but years later has changed his mind. Despite the fact that the embryos created through IVF are his partner’s last chance to be a genetic parent, a court allows him to block her use of the embryos.
By contrast, another couple’s sexual relationship broke the law. The woman was a legal adult, and her partner was a child under the age of eighteen. Their encounter was thus statutory rape. Her crime led to pregnancy, and after ...
Abortion, Sterilization, And The Universe Of Reproductive Rights,
2022
William & Mary Law School
Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray
William & Mary Law Review
In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities.
Although the history undergirding this narrative is incomplete and misleading, the narrative itself has flourished as the debate over the continued vitality of reproductive rights has unfolded in the United States. Indeed, in just the last three years, a member of the United States Supreme Court and a number ...
The Progressive Love Affair With The Carceral State,
2022
Benjamin N. Cardozo School of Law
The Progressive Love Affair With The Carceral State, Kate Levine
Michigan Law Review
A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.
The Never-Ending Struggle For Reproductive Rights,
2022
Lawyering Project
The Never-Ending Struggle For Reproductive Rights, Stephanie Toti
Michigan Law Review
For me, the annual Book Review issue is a time for reflection. It provides an opportunity to take stock of scholarly trends, reassess conventional wisdom, and gather new insights to apply to the practice of law. The reviews contained in this year’s issue address a wide range of subjects, including the history of public defenders, the use of bigotry rhetoric in conflicts over marriage and civil rights law, the role of cost-benefit analysis in federal policymaking, and racial inequities in tax policy. This impressive commentary on an astute and varied collection of books about the law will inspire many ...
“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia,
2022
William & Mary
“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia, Lauren Miller
Undergraduate Honors Theses
The presence of Confederate symbols and other reminders of white institutional power in courtrooms introduces a risk that impermissible factors such as implicit bias, conscious prejudice, and sympathy for white supremacy will harm litigants’ rights. I compiled data for 210 of 328 courts (64%) in the Commonwealth and found that there are more than 617 portraits on display in Virginia courtrooms. At least 357 portraits depict white men, six depict Black men, fifteen depict white women, and twenty-eight depict people who served in the Confederacy, either in the government or the Confederate States Army (CSA). At least fourteen different courts ...
This Is Not New: Addressing America's Maternal Mortality Crisis,
2022
University of Richmond School of Law
This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron
Richmond Public Interest Law Review
This article utilizes an intersectional approach to examine the causes and
realities of the dismal state of pregnancy-related healthcare in the United
States, highlighting the disparate impact on Black pregnant people. The
enslavementand brutalization of Black women in the U.S. demonstrates how
American society systematically devalues Black health, especially reproductive
health. The impacts of this horrific history persist today, resulting in the
American healthcare system utterly failing Black mothers and pregnant people
of all gender identities. This article surveys this history and presents policy
solutions to improve maternal health outcomes for all, but especially
Black individuals, including proposed ...
More Money, Fewer Problems: A Post-Alston V. Ncaa Approach To Reducing Gender Inequities In Sports,
2022
University of Richmond School of Law
More Money, Fewer Problems: A Post-Alston V. Ncaa Approach To Reducing Gender Inequities In Sports, Kelley L. Flint
Richmond Public Interest Law Review
In 2021 over the span of a few months, amateurism, the foundation of the
National Collegiate Athletic Association was challenged and redefined. Following
the passage of “name, image, and likeness” laws at the state level
and an unfavorable Supreme Court ruling, the NCAA’s structure has been
forced to evolve. These changes have opened up possibilities for college athletes
to monetize their playing in a model that is not based on viewership or
revenue sharing. Serious equity gaps between men’s and women’s sports
continue to exist, predicated on which sports generate the most money. While
not a holistic ...
Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis,
2022
Universitas Indonesia
Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi
The Indonesian Journal of Socio-Legal Studies
The complexity of the digital era, especially throughout the COVID-19 pandemic, has led to increasing cases of gender-based violence online (GBVO). However, this issue has not yet received attention in the realm of Indonesian law, especially when it comes to protecting the rights of the victims. This paper aims to see how the current legal framework in Indonesia handles GBVO cases and whether it is sufficient to provide protection for victims. This paper also wants to show that the practice of GBVO is often more detrimental to women through the elaboration of several examples of cases that are widely discussed ...
Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder,
2022
University of Minnesota Law School
Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt
Minnesota Journal of Law, Science & Technology
No abstract provided.