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Free The Nipple–Fort Collins And The Enduring Fight For Gender Equality, Maria Massimo 2020 Boston College Law School

Free The Nipple–Fort Collins And The Enduring Fight For Gender Equality, Maria Massimo

Boston College Law Review

On February 15, 2019, the United States Court of Appeals for the Tenth Circuit in Free the Nipple–Fort Collins v. City of Fort Collins held that a public nudity ordinance that banned the exposure of female breasts violated the Equal Protection Clause. In doing so, the court split from the Fourth, Seventh, and Eighth Circuits and established that ordinances that restrict women, but not men, from being topless in public are unconstitutional. This Comment argues that the Tenth Circuit was correct in holding that the prohibition on public exposure of female breasts violated the Equal Protection Clause, as the ...


Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams 2020 Georgetown University Law Center

Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, they have largely been left at the margins of the #MeToo movement, in terms of (1) the online conversation; (2) traditional social movement activity occurring offline; and (3) resulting legal activity. This article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe 2020 Augustana College

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they ...


Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, LaTasha Hill 2020 University of Maryland Francis King Carey School of Law

Less Talk, More Action: How Law Schools Can Counteract Racial Bias Of Lsat Scores In The Admissions Process, Latasha Hill

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy 2020 University of Maryland Francis King Carey School of Law

Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Individual Right Against Binary Identify, Colin Pochie 2020 University of Maryland Francis King Carey School of Law

The Individual Right Against Binary Identify, Colin Pochie

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Men's Reproductive Rights: A Legal History, Mary Ziegler 2020 Pepperdine University

Men's Reproductive Rights: A Legal History, Mary Ziegler

Pepperdine Law Review

This Article offers the first legal history of men’s procreative rights, filling a gap in scholarship on assisted reproduction, constitutional law, and social movements. A rich literature addresses women’s procreative rights in contexts from abortion to infertility. By comparison, we know relatively little about the history of the debate about reproductive rights for men. This void is particularly troubling at a time when the law of reproductive rights is increasingly up for grabs, especially in the context of assisted reproduction technologies (ART). Men’s rights advocates—and the abortion-rights supporters responding to them—championed a jurisprudential approach to ...


Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet 2020 Loyola University Chicago School of Law

Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet

Michigan Journal of Gender & Law

Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance—for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school—an institution conceived primarily ...


The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report, Ruthann Robson 2020 CUNY School of Law

The Sexual Misconduct Of Donald J. Trump: Toward A Misogyny Report, Ruthann Robson

Michigan Journal of Gender & Law

The numerous allegations of sexual misconduct—unwanted, unwelcome, often aggressive sexual behavior—levied against Donald Trump merit attention and redress. Despite obstacles to civil remedies, there has been some litigation, but it has mostly been unsatisfactory. The many allegations reported in the media have not been amenable to judicial, legislative, executive, or political resolution. Women, including women who allege Trump committed sexual misconduct against them when they were minors, have generally not been afforded the remedies to which they are entitled.

Because litigation and media accounts have proven inadequate to the task of addressing Trump’s sexual misconduct, there should ...


Putting The Fetus First — Legal Regulation, Motherhood, And Pregnancy, Emma Milne 2020 University of Plymouth

Putting The Fetus First — Legal Regulation, Motherhood, And Pregnancy, Emma Milne

Michigan Journal of Gender & Law

The fetus-first mentality advocates that pregnant women and women who could become pregnant should put the needs and well-being of their fetuses before their own. As this Article will illustrate, this popular public perception has pervaded criminal law, impacting responses to women deemed to be the “irresponsible” pregnant woman and so the “bad” mother. The Article considers cases from Alabama and Indiana in the United States and from England in the United Kingdom, providing clear evidence that concerns about the behavior of pregnant women now hang heavily over criminal justice responses to women who experience a negative pregnancy outcome or ...


Symbolism Over Substance: The Role Of Adversarial Cross-Examination In Campus Sexual Assault Adjudications And The Legality Of The Proposed Rulemaking On Title Ix, Hunter Davis 2020 Hogan Lovells LLP

Symbolism Over Substance: The Role Of Adversarial Cross-Examination In Campus Sexual Assault Adjudications And The Legality Of The Proposed Rulemaking On Title Ix, Hunter Davis

Michigan Journal of Gender & Law

Traditionally, it has been understood that campus sexual assault adjudications need not take on the formalities of the justice system. Since the consequences faced in campus adjudications are considerably less than punishments faced in the justice system, less process is owed under the Due Process Clause. However, in September 2018, the Sixth Circuit reconceived what constitutes due process in campus sexual assault adjudications in the case of Doe v. Baum. The court found that in cases involving conflicting narratives at public universities, the accused or his agent must have the ability to cross-examine his accuser in the presence of a ...


Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman 2020 Seattle University School of Law

Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman

Seattle Journal for Social Justice

No abstract provided.


Reconstructing Liberty, Equality, And Marriage: The Missing Nineteenth Amendment Argument, Nan D. Hunter 2020 Georgetown University Law Center

Reconstructing Liberty, Equality, And Marriage: The Missing Nineteenth Amendment Argument, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The social movement that led to adoption of the Nineteenth Amendment sought not only women’s right to vote but also the end to a system of marriage law based on coverture. Under coverture, married women were deprived of property and contract rights and were de jure subservient to their husbands. Coverture also provided the predicate for denial of the vote. The model voter was the independent yeoman or worker able to express his own interests in a democratic system. Women were thought to be properly confined to the domestic sphere and dependent on their husbands, who were presumed to ...


When Will Asylum Law Protect Women?: The Abusive Relationship Between Agency Decision Making And Asylum Claims Involving Domestic Violence, Hannah Cohen 2020 Boston College Law School

When Will Asylum Law Protect Women?: The Abusive Relationship Between Agency Decision Making And Asylum Claims Involving Domestic Violence, Hannah Cohen

Boston College Law Review

Over the past several decades, applications for asylum by women who claim membership in a particular social group related to domestic violence have been largely unsuccessful. Attitudes regarding violence against women, the asylum requirements, and the failure to explicitly include gender as a protected group under both domestic and international law contribute to the difficulty that women face in asserting these claims. In addition, the volatile nature of agency decision making, bolstered by the broad deference afforded to agencies by federal courts under Chevron and Brand X, make outcomes inconsistent and unpredictable. During the summer of 2018, Attorney General Jeff ...


Youth Suffrage: In Support Of The Second Wave, Mae C. Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens 2020 The University of Akron

Youth Suffrage: In Support Of The Second Wave, Mae C. Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens

Akron Law Review

The 19th Amendment is talked about as central to our nation’s suffrage story, with many situating women's suffrage work within feminist theory "wave" discourse. However, with this telling, scholars and others too frequently overlook young voters and efforts relating to their election law rights. This article seeks to remedy this oversight and complicate the voting rights canon, in addition to supporting efforts of today’s youth voting rights advocates. It does so by turning our attention to youth suffrage movements, which we argue also can be examined by way of a framework of "waves." The first to offer ...


A Fair Process Matters In Alleged Sexual Assault Cases, Cynthia V. Ward 2020 William & Mary Law School

A Fair Process Matters In Alleged Sexual Assault Cases, Cynthia V. Ward

Popular Media

No abstract provided.


The Common Law As A Force For Women, Bridget J. Crawford 2020 Pace University Elisabeth Haub School of Law

The Common Law As A Force For Women, Bridget J. Crawford

Boston College Law Review

This essay introduces a collection of Symposium Essays examining Anita Bernstein’s book, The Common Law Inside the Female Body (Cambridge University Press, 2019). Professor Bernstein explores the common law’s recognition of both rights and liberties, highlighting in particular negative liberties such as the right to be left undisturbed. The Symposium Essays test and explore Professor Bernstein’s thesis as applied to the right to be free from rape and unwanted pregnancies. Grounded in perspectives informed by the study of tort law, legal history, intellectual property, constitutional law, and critical race theory, these Essays—together with Professor Bernstein’s ...


(Un)Common Law And The Female Body, Lolita Buckner Inniss 2020 Southern Methodist University Dedman School of Law

(Un)Common Law And The Female Body, Lolita Buckner Inniss

Boston College Law Review

A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to ...


The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh 2020 Boston University

The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh

Boston College Law Review

Anita Bernstein argues that the common law gives women, too, the right to say no to what they do not want. She demonstrates that the common law is a far-reaching defense of condoned self-regard, a system that allows individuals to place their own interests above the interests of others, particularly when seeking to exclude others. She, therefore, places in the common law a right to protection from rape and a near-absolute right to expel a pregnancy. Bernstein reasons that women’s exclusion from the common law right to say no was a mistake produced by their absence from the judiciary ...


There's Feminism In Those Judgments, Anita Bernstein 2020 Brooklyn Law School

There's Feminism In Those Judgments, Anita Bernstein

Boston College Law Review

This Essay enlists the other contributions to this Symposium to honor the extraordinary transnational phenomenon of Feminist Judgments, a growing set of multi-authored volumes that find progressive potential in decisional law. Although The Common Law Inside the Female Body is a very different work, this Essay identifies common ground between this book and Feminist Judgments. The modus operandi of Feminist Judgments is to rewrite published judicial decisions to steer their results or their rationales in a feminist direction; The Common Law Inside the Female Body celebrates judge-made law as it is, in an unaltered state. That difference noted, the Feminist ...


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