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Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality, Osamudia James 2022 University of North Carolina School of Law

Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality, Osamudia James

Boston College Law Review

Animus and discrimination are the two legal lenses through which inequality is typically assessed and understood. Insufficient attention, however, is paid to the role of status in animating inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable political conflicts, status also informs the development of equality law in the United States. When courts, advocates, and policymakers affirm, ignore, miss, or concede to status hierarchies instead of dismantling them, those groups that perceive a decrease in their status relative to others will only use “equality-promoting” doctrine to rebalance status hierarchy in their favor. Public ...


The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer 2022 Seattle University School of Law

The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer

American Indian Law Journal

No abstract provided.


Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon 2022 St. John's University School of Law

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon

St. John's Law Review

(Excerpt)

Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing ...


Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson 2022 St. John's University School of Law

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

St. John's Law Review

(Excerpt)

Blue Ivy Carter, daughter of entertainers Sean “Jay Z” Carter and Beyoncé Knowles Carter, celebrated her eighth birthday in January of 2020. To commemorate the occasion, Blue’s grandfather, Matthew Knowles, posted a picture of Blue on Instagram. Fans and journalists alike marveled that Blue looked so much like her famous mother, and many noted that she looked much older in the photograph. E! News tweeted Blue’s picture along with a question: “Can someone please explain to us when Blue Ivy became an adult?” The post went viral, and many people criticized E! News for referring to eight-year-old ...


Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon 2022 St. John's University School of Law

Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon

St. John's Law Review

(Excerpt)

As part of a personal commitment to positively utilize my legal skills, I joined the Legal Network for Gender Equity, a group of attorneys who support individuals seeking to come forward about their experiences with sexual harassment and assault. Through this network, I regularly counsel women who want to share their stories but are concerned that by doing so, they may open themselves up to costly defamation suits from their aggressors. Their concerns are not so much rooted in any notion that their stories are or could actually be defamatory. Instead, these concerns often stem from a recognition that ...


Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson 2022 St. John's University School of Law

Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson

St. John's Law Review

(Excerpt)

American suffragist Elizabeth Cady Stanton famously wrote: “We hold these truths to be self-evident; that all men and women are created equal.” Yet when suffragettes spoke of “all” men and women, they were clear about exceptions. Immigrants did not qualify. Indeed, in her own address at the First Women’s Rights Convention, held in Seneca Falls, New York, in July 1848, Stanton said that “to have . . . ignorant foreigners . . . fully recognized, while we ourselves are thrust out from all the rights that belong to citizens, it is too grossly insulting to the dignity of woman to be longer quietly submitted ...


The Mismeasure Of Success, Alissa Rubin Gomez 2022 St. John's University School of Law

The Mismeasure Of Success, Alissa Rubin Gomez

St. John's Law Review

(Excerpt)

Large law firms evolved to serve major corporations by offering them “lawyers who were white males comfortable with the business elite, with wives at home to free up work time . . . .” After decades of advancing these same lawyers, the result has been a widespread belief that the ideal big firm lawyer is one who is committed to professional life at all hours of the day and night, and whose personal life is either nonexistent or handled by someone else. Women at large law firms have been expected to act accordingly. That is, to act like men. It hasn’t worked ...


Commemorating The Forgotten Intersection Of The Fifteenth And Nineteenth Amendments, Taunya Lovell Banks 2022 St. John's University School of Law

Commemorating The Forgotten Intersection Of The Fifteenth And Nineteenth Amendments, Taunya Lovell Banks

St. John's Law Review

(Excerpt)

The women’s rights movement, throughout its history, defined its priorities with reference to white middle- or upper- class women. Thus “discrimination that affected all women” included the right of owning property but not [B]lack women’s voting rights.

This year we commemorate the one hundredth anniversary of the Nineteenth Amendment’s ratification. I use the term commemorate instead of celebrate because it is important to remember that this anniversary is also a time to reflect on the lost opportunities to advance equality for all one hundred years ago. This reflection seems especially appropriate in a presidential election ...


Introduction, Samantha Gagnon 2022 St. John's University School of Law

Introduction, Samantha Gagnon

St. John's Law Review

(Excerpt)

This issue of the St. John’s Law Review contains several articles which were first presented at the Law Review’s Fall 2020 Symposium. This symposium was organized to commemorate the 100th anniversary of the 19th amendment, which states very simply, “[t]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”

The right to vote is one of the most important political rights in this country but for most, it was also one of the hardest-won rights. For 244 years ...


Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive, Linda C. McClain, Brittany K. Hacker 2022 Boston University School of Law

Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive, Linda C. Mcclain, Brittany K. Hacker

Faculty Scholarship

Liberal feminism remains a significant strand of feminist jurisprudence in the U.S. Rooted in 19th and 20th century liberal and feminist political theory and women’s rights advocacy, it emphasizes autonomy, dignity, and equality. Liberal feminism’s focus remains to challenge unjust gender-based restrictions based on assumptions about men’s and women’s proper spheres and roles. Second wave liberal legal feminism, evident in Ruth Bader Ginsburg’s constitutional litigation, challenged pervasive sex-based discrimination in law and social institutions and shifted the Supreme Court’s interpretation of the Equal Protection Clause to a more skeptical review of gender-based classifications ...


Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, 48 Mitchell Hamline L. Rev. 128 (2022), Kim D. Ricardo 2022 UIC School of Law

Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, 48 Mitchell Hamline L. Rev. 128 (2022), Kim D. Ricardo

UIC Law Open Access Faculty Scholarship

No abstract provided.


Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong 2022 University of California, Hastings College of the Law

Commercial Surrogacy: Building Families Outside Of Family Law, Sylvie Armstrong

Hastings Journal on Gender and the Law

Assisted Reproductive Technology continues to grow in popularity. Commercial surrogacy has proved no exception to this trend. However, lack of regulation at the international, federal, and state levels has given rise to a myriad of ethical and legal problems. This article considers the taxonomical question that any regulator must ask: Which field of law ought to be responsible for regulating this industry? It argues that although commercial surrogacy is often discussed as part of the family law rubric, on closer inspection, family law is fundamentally ill-suited to meet the needs of those involved in commercial surrogacy. By demonstrating the challenges ...


Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams 2022 University of Pittsburgh School of Law

Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams

Book Chapters

Combining analyses of feminist legal theory, legal doctrine and feminist social movements, this Handbook offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. It connects legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinizes criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the ...


Developing Standards For Gender-Responsive Human Rights Due Diligence, Constance Z. Wagner, Nancy Kaymar Stafford 2022 Saint Louis University School of Law

Developing Standards For Gender-Responsive Human Rights Due Diligence, Constance Z. Wagner, Nancy Kaymar Stafford

All Faculty Scholarship

This article addresses the current state of gender-responsive human rights due diligence (GR-HRDD) standards and advocates for greater attention to be paid to women’s human rights in the due diligence process. The 2011 United Nations Guiding Principles on Business and Human Rights (UNGPs) created a global framework for recognizing, preventing, and addressing the risk of adverse impacts of human rights violations linked to business activities. The responsibility of businesses to respect human rights under the UNGPs includes implementing a human rights due diligence process. Although the UNGPs do not provide guidance on the process for integrating women’s rights ...


The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton 2022 UIC School of Law

The Supreme Mistake: When A Choice Is Really No Choice At All, 55 Uic L. Rev. 68 (2022), Brooke Payton

UIC Law Review

No abstract provided.


June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider 2022 UIC School of Law

June Medical Services L.L.C V. Russo: Analyzing The Negative Impact Of Maintaining The Status Quo On Abortion, 55 Uic L. Rev. 120 (2022), Colleen Reider

UIC Law Review

No abstract provided.


In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner 2021 Pacific Legal Foundation

In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner

Catholic University Law Review

In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to ...


Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline 2021 University of Cincinnati College of Law

Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline

University of Cincinnati Law Review

No abstract provided.


The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli 2021 Washington and Lee University School of Law

The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli

Washington and Lee Law Review Online

If a rape victim becomes pregnant following the attack, she has three options: abort the pregnancy, place the child for adoption, or keep and raise the child. However, by requiring proof of conviction of rape to terminate the parental rights of the man who fathered that child through his rape, the Commonwealth of Virginia imposes a substantial burden on a victim weighing those options. To obtain a conviction under the current scheme, a victim, through her local prosecutor, has to prove to a jury that the accused committed the rape beyond a reasonable doubt. The Commonwealth requires proof of conviction ...


Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi 2021 Leon Meltzer Professor of Law, the University of Pennsylvania Carey Law School, and Professor of Philosophy, the University of Pennsylvania

Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi

Notre Dame Law Review

In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court held that federal antidiscrimination law prohibits employment discrimination on grounds of sexual orientation and gender identity. Unsurprisingly, the result won wide acclaim in the mainstream legal and popular media. Results aside, however, the reaction to Justice Neil Gorsuch’s majority opinion, which purported to ground the outcome in a textualist approach to statutory interpretation, was more mixed. The great majority of commentators, both liberal and conservative, praised Justice Gorsuch for what they deemed a careful and sophisticated—even “magnificent” and “exemplary”—application of ...


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