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5,134 full-text articles. Page 6 of 129.

Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright 2018 Northwestern Pritzker School of Law

Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright

Journal of Criminal Law and Criminology

As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and ...


Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray 2018 Loyola Law School

Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray

Michigan Journal of Gender and Law

This legal-literary essay engages the current social and jurisprudential moment, encapsulated by the hashtag #metoo. It focuses on the allegations, made in the first week of December 2017, that Ninth Circuit Court of Appeals Judge Alex Kozinski verbally sexually harassed former law clerks Emily Murphy and Heidi Bond. I wrote the lioness’s share of the piece during December 10–11—that is, in the days before news outlets reported that other women complained of Kozinski touching them on the thigh or breast while propositioning them for sex or discussing recent sexual encounters—and concluded that Kozinski was unlikely to ...


The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn McFadden-Wade 2018 University of California, Hastings College of the Law

The Legal Implications Under Federal Law When States Enact Biology-Based Transgender Bathroom Laws For Students And Employees, Marka B. Fleming, Gwendolyn Mcfadden-Wade

Hastings Women’s Law Journal

Recently, numerous states have considered enacting transgender bathroom laws based on the individual’s biological sex. In some cases, when these biology-based laws have been enacted, the results have been lawsuits filed by students and employees claiming violations of Title IX and Title VII. Actually, the legal rights of transgender students and employees when using public restrooms or facilities has become a hot topic of debate in recent times. In addressing this hotly debated topic, this article focuses on the transgender bathroom issue at the state level and provides insight into the attempts by states to turn policy into law ...


Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans 2018 University of California, Hastings College of the Law

Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans

Hastings Women’s Law Journal

Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are ...


Another Victory For Married Lesbian Parents, Arthur S. Leonard 2018 New York Law School

Another Victory For Married Lesbian Parents, Arthur S. Leonard

Other Publications

No abstract provided.


Can Three Parents Make A Family In New York?, Arthur S. Leonard 2018 New York Law School

Can Three Parents Make A Family In New York?, Arthur S. Leonard

Other Publications

No abstract provided.


Foreword, Sonja Arndt 2018 University of California, Hastings College of the Law

Foreword, Sonja Arndt

Hastings Women’s Law Journal

No abstract provided.


Equal Protection Under The Carceral State, Aya Gruber 2018 University of Colorado Law School

Equal Protection Under The Carceral State, Aya Gruber

Articles

McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety ...


Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School of Law 2018 Roger Williams University

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias 2018 University of Richmond

Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias

Law Faculty Publications

President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because ...


Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Scholarly Works

Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory ...


Equal Work, Stephanie Bornstein 2018 University of Florida Levin College of Law

Equal Work, Stephanie Bornstein

UF Law Faculty Publications

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually ...


Old Issues New Perspectives, Ronald Griffin 2018 Florida Agricultural and Mechanical University

Old Issues New Perspectives, Ronald Griffin

Faculty Books and Book Contributions

The book commences with Ronald C. Griffin‟s essay Ghost Town: The Death of Marriage, the Birth of Cohabitation, and the Emergence of the Single Woman. In his essay he revisits the history of marriage, the economics of marriage, the rise and demise of childhood, the emergence of new couplings and the social traumas that come with them.


Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard 2018 New York Law School

Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard

Other Publications

No abstract provided.


Citing Baker’S “Win,” Arizona Court Rejects Stationary Store’S Opt-Out Claim, Arthur S. Leonard 2018 New York Law School

Citing Baker’S “Win,” Arizona Court Rejects Stationary Store’S Opt-Out Claim, Arthur S. Leonard

Other Publications

No abstract provided.


Second Chance For Ex-Partner’S Parenting Claim, Arthur S. Leonard 2018 New York Law School

Second Chance For Ex-Partner’S Parenting Claim, Arthur S. Leonard

Other Publications

No abstract provided.


Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica Fink 2018 California Western School of Law

Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica Fink

Faculty Scholarship

Gender dynamics suffuse virtually every workplace. Indeed, the way that employees interact with one another turns not only on their individual backgrounds, skills and personalities, but also frequently on their gender. While many employees embrace gender diversity at work and appreciate the benefits of incorporating both male and female perspectives into workplace programs and projects, this ideal does not translate into every work environment. In many workplaces, female workers continue to experience unfair (and often unlawful) treatment based upon their gender. The law has done much to outlaw overt gender discrimination at work, providing a legal framework within which female ...


Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard 2018 New York Law School

Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard

Other Publications

No abstract provided.


Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard 2018 New York Law School

Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard

Other Publications

No abstract provided.


Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard 2018 New York Law School

Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard

Other Publications

No abstract provided.


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