Sexualization, Sex Discrimination, And Public School Dress Codes, 2016 University of Richmond School of Law
Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach
University of Richmond Law Review
This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.
Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, 2016 Benjamin N. Cardozo School of Law
Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert
Articles
The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.
In particular, I …
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, 2016 William & Mary Law School
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Faculty Publications
No abstract provided.
Myth: Hard Work And Credentials Determine Employment Opportunities, 2016 Selected Works
Myth: Hard Work And Credentials Determine Employment Opportunities
Alev Dudek
Expectant Fathers, Abortion, And Embryos, 2016 Penn State Law
Expectant Fathers, Abortion, And Embryos, Dara Purvis
Dara Purvis
One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.
The Lawyer's Obligation To Correct Social Injustice!, 2016 Fordham Law School
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
Challenges To Rule Of Law And Gender Equality Globally (With Transcript), 2016 University of Pennsylvania
Challenges To Rule Of Law And Gender Equality Globally (With Transcript), Rangita De Silva De Alwis, Indira Jaising
Case In Point Podcasts
Indira Jaising and Rangita de Silva de Alwis examine gender equality cases and struggles in India and around the world.
Local, State, And Federal Responses To Stalking: Are Anti-Stalking Laws Effective?, 2016 William & Mary Law School
Local, State, And Federal Responses To Stalking: Are Anti-Stalking Laws Effective?, Tracey B. Carter
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Inching Towards Equality: Lgbt Rights And The Limitations Of Law In Hong Kong, 2016 William & Mary Law School
Inching Towards Equality: Lgbt Rights And The Limitations Of Law In Hong Kong, Joy L. Chia, Amy Barrow
William & Mary Journal of Race, Gender, and Social Justice
Since legislative reform decriminalizing sodomy in 1991, the Hong Kong government has taken a passive role in the legal protection of lesbian, gay, bisexual, and transgender (LGBT) individuals. Instead, LGBT rights advancements have occurred primarily through the work of the courts, resulting in piecemeal progress that has left unaddressed the daily discrimination experienced by LGBT people in Hong Kong. Despite increased pressure in recent years for antidiscrimination legislation, the Hong Kong government continues to assert that self-regulation and public education, rather than legislation, are more appropriate tools for addressing discrimination based on sexual orientation or gender identity. This Article argues …
Julia’S Nuptials: Free, Freed, And Slave Marriage In Late Fifth Century Roman Law, 2016 Georgia State University
Julia’S Nuptials: Free, Freed, And Slave Marriage In Late Fifth Century Roman Law, Hannah Basta, Cam Grey
DISCOVERY: Georgia State Honors College Undergraduate Research Journal
In 468 AD, a certain woman named Julia went to the Roman Emperor Anthemius to declare that she had married her former slave, her freedman. Roman law on the matter had previously stated that free women who knowingly cohabited with slaves would relinquish their freedom along with the freedom of any children resulting from such a union, and they would all become slaves of the master of the slave to whom she married. The law avoided any mention of marriages to freedmen. Marriages resembling Julia’s then, occupied a grey area in Roman law for over four hundred years. In response …
Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, 2016 Florida International University College of Law
Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury
Cyra A. Choudhury
No abstract provided.
Equality, Process, And Campus Sexual Assault, 2016 University of Maryland Francis King Carey School of Law
Equality, Process, And Campus Sexual Assault, Julie Novkov
Maryland Law Review
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, 2016 JD Candidate
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Joelle A. Moreno
No abstract provided.
Feminist-In-Chief? Examining President Obama's Executive Orders On Women's Rights Issues, 2016 Gonzaga University School of Law
Feminist-In-Chief? Examining President Obama's Executive Orders On Women's Rights Issues, Mary Pat Treuthart
Chicago-Kent Law Review
This article focuses on President Obama’s use of executive orders in various areas of women’s rights issues including the empowerment of women, gender-based violence, reproductive rights, and employment. As scholars of the American presidency have noted, executive orders can be used either as strategic tools to short-circuit legislative gridlock or to underscore and complement presidential policy measures pending in Congress. Executive orders can also serve to promote projects of special interest groups. Finally, knowing that their directives can be powerfully symbolic, presidents can be particularly effective in the use of executive action to underscore the gulf between the Democratic Party …
Presidential Legitimacy Through The Anti-Discrimination Lens, 2016 University of North Carolina School of Law
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Chicago-Kent Law Review
The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, 2016 Chicago-Kent College of Law
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, 2016 Penn State Law
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Jill Engle
American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …
So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, 2016 Penn State Law
So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports
Kit Kinports
Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …
Evidence Engendered, 2016 Penn State Law
Evidence Engendered, Kit Kinports
Kit Kinports
Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.
Newsroom: Sack Joins Women's Fund Of Ri Board, 2016 Roger Williams University
Newsroom: Sack Joins Women's Fund Of Ri Board, Roger Williams University School Law
Life of the Law School (1993- )
No abstract provided.