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Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross 2017 University of California, Hastings College of the Law

Rising Out Of Legal Blind Spots: Hwlj 2016-2017 Symposium, Jackie Gross

Hastings Women’s Law Journal

HWLJ hosts an annual Symposium every spring to bring together the greatest legal minds to discuss new, important, and complex legal issues. This year, HWLJ sought to inspire action through three panels that discussed the rapidly changing laws and policies affecting some of the most vulnerable communities.


Foreword, Amy Depuy, Tyra Singleton 2017 University of California, Hastings College of the Law

Foreword, Amy Depuy, Tyra Singleton

Hastings Women’s Law Journal

No abstract provided.


What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder 2017 University of California, Hastings College of the Law

What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder

Hastings Women’s Law Journal

The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.


Sex Panic And Videotape, Stephan Ferris 2017 University of California, Hastings College of the Law

Sex Panic And Videotape, Stephan Ferris

Hastings Women’s Law Journal

In the November 2016 election, Californians voted on Proposition 60— a measure unfairly targeting the LGBT community’s production of pornography by mandating condoms in all adult entertainment production. This article examines the defeat of this proposed legislation and argues that similar legislation and policies are assimilationist practices that attack sexual autonomy and expression. This note will examine the scientific history and advancements of the HIV virus and how the AIDS Healthcare Foundation’s role in advancing a condom-only agenda, is out of touch with the scientific community.


Sexual Hostility A Mile High, Michelle L.D. Hanlon 2017 University of California, Hastings College of the Law

Sexual Hostility A Mile High, Michelle L.D. Hanlon

Hastings Women’s Law Journal

Flight attendants have spent the past few decades eradicating the “pinup” girl persona that is often associated with their profession. This sexualized image has created a dangerous and harassing workplace environment for female flight attendants. This article addresses how the flight cabin is uniquely hostile workplace and how the International Civil Aviation Organization needs to take action to combat the gender discrimination and sexual harassment too common in this industry.


Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton 2017 University of California, Hastings College of the Law

Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton

Hastings Women’s Law Journal

Sexual assault is pervasive on college campuses across the country. Title IX mandates that school’s receiving federal funding protect student victims of sexual assault. Some campuses have gone further than the Title IX requirements and have created internal policies that are stacked against the accused and potentially reach the level of violating the accused’s constitutional rights. This note examines how Title IX has influenced academia and how unjust campus tribunals have caused accused male students to seek redress in federal courts for gender discrimination. This note will also examine the racial implications of Title IX and consider how ...


Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr 2017 University of California, Hastings College of the Law

Where’S My Dad? A Feminist Approach To Incentivized Paternity Leave, Jennifer E. Karr

Hastings Women’s Law Journal

This article examines paid paternal leave from a feminist perspective. First, this article aims to trace the history of gender roles in America and how the Family Medical Leave Act (FMLA) was enacted to allow women to maintain roles in both the public and private sphere. Second, this article explores how gender roles began to shift and more fathers sought FMLA leave to care for their children. This gender shift caused numerous shortcomings in law and public policy. This article will examine these shortcomings, compare various international paternal leave packages to each other, look to what deficiencies currently exist, and ...


Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie 2017 University of California - Irvine

Dissenting From History: The False Narratives Of The Obergefell Dissents, Christopher R. Leslie

Indiana Law Journal

According to a quote attributed to numerous philosophers and political leaders, “History is written by victors.”1 In the legal battle over same-sex marriage, those opposed to marriage equality have attempted to disprove this age-old adage. In response to the majority opinion in Obergefell v. Hodges—which held that state laws banning same-sex marriage violate the Fourteenth Amendment—each of the four dissenting Justices issued his own dissenting opinion. Every one of these dissents misrepresented the circumstances and precedent leading up to the Obergefell decision. Collectively, the Obergefell dissenters have valiantly tried to rewrite America’s legal, constitutional, and social ...


Criminalizing Pregnancy, Cortney E. Lollar 2017 University of Kentucky College of Law

Criminalizing Pregnancy, Cortney E. Lollar

Law Faculty Scholarly Articles

The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee's 2014 assault statute was the first to explicitly criminalize the use of drugs by a pregnant woman. But this law, along with others like it being considered by legislatures across the country, is only the most recent manifestation of a long history of using criminal law to punish poor mothers and mothers of color for their behavior while pregnant. The purported motivation for such laws is the ...


A Diachronic Approach To Bob Jones: Religious Tax Exemptions After Obergefell, Samuel D. Brunson, David J. Herzig 2017 Loyola University Chicago School of Law.

A Diachronic Approach To Bob Jones: Religious Tax Exemptions After Obergefell, Samuel D. Brunson, David J. Herzig

Indiana Law Journal

In Bob Jones University v. United States, the Supreme Court held that an entity may lose its tax exemption if it violates a fundamental public policy, even where religious beliefs demand that violation. In that case, the Court held that racial discrimination violated fundamental public policy. Could the determination to exclude same-sex in-dividuals from marriage or attending a college also be considered a violation of fundamental public policy? There is uncertainty in the answer. In the re-cent Obergefell v. Hodges case that legalized same-sex marriage, the Court asserted that LGBT individuals are entitled to “equal dignity in the eyes of ...


Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes 2017 National Center on Sexual Exploitation

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman 2017 National Center on Sexual Exploitation

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant 2017 Harvard University

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime 2017 Coalition Against Trafficking in Women

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman 2017 Shared Hope International

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang 2017 American University Washington College of Law

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Janie A Chuang

By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.


Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith 2017 American University

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Brenda Smith

This Essay transcribes and discusses Smith’s keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith’s speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.


Breach Of Promise Suits, Robert C. Brown 2017 Indiana University School of Law

Breach Of Promise Suits, Robert C. Brown

Robert C. Brown

No abstract provided.


Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan 2017 The Graduate Center, City University of New York

Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan

All Dissertations, Theses, and Capstone Projects

While both men and women are affected by conflicts and humanitarian crises, 80 percent of the world’s refugees and internally displaced persons are women and children, indicating that women experience conflict and war differently. The emphasis on women’s vulnerability during conflicts and humanitarian crises leads to their exclusion from leadership roles and decision-making on humanitarian programs and issues that impact them. Though women experience numerous socio-cultural barriers to exercising leadership in humanitarian settings, they have taken on important roles in emergency response and in refugee camps. This paper traces the progress of UN and humanitarian agencies recognition and ...


Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho 2017 University of Massachusetts School of Law

Find Out What It Means To Me: The Politics Of Respect And Dignity In Sexual Orientation Antidiscrimination, Jeremiah A. Ho

Utah Law Review

This Article considers the state of LGBTQ equality after the Supreme Court’s decision in Obergefell v. Hodges. Specifically, by examining this upsurge of social visibility for same-sex couples as both acceptance of sexual minorities and cultural assimilation, the Article finds that the marriage cases at the Supreme Court—Obergefell and United States v. Windsor—shifted the framing of gay rights from the politics of respect that appeared more than a decade ago in Lawrence v. Texas toward a politics of respectability. The Article traces this regression in Justice Kennedy’s own definition of dignity from Lawrence, where he approached ...


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