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Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd 2020 University of Florida Levin College of Law

Children's Equality: Strategizing A New Deal For Children, Nancy E. Dowd

UF Law Faculty Publications

It is the ultimate gift to have one’s work trigger feedback, critique and challenge that expands and deepens the project. Professors Cooper, Huntington, McGinley, Silbaugh, and Woodhouse all have been sources of inspiration for me; their Articles and Essays in response to Reimagining Equality contribute both to my thinking and to the core focus of the book, the well-being, development and equality of all children, but also to the broad focus of this special issue on children and poverty. I am particularly grateful for their challenges and critiques, and their shared focus on the strategies I explore in the ...


Women And The Law, Cleveland-Marshall College of Law Library 2020 Cleveland State University

Women And The Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer 2020 Texas A&M University School of Law

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Student Scholarship

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization ...


State Action And Gender (In)Equality: The Untapped Power Of Washington's Equal Rights Amendment, Maria Yvonne Hodgins 2020 University of Washington School of Law

State Action And Gender (In)Equality: The Untapped Power Of Washington's Equal Rights Amendment, Maria Yvonne Hodgins

Washington Law Review Online

Washington’s Equal Rights Amendment (ERA) is a powerful legal tool. Its sweeping, protective language triggers the application of an absolute standard of review—a level of review even higher than strict scrutiny. Yet the ERA is underutilized by litigants seeking protection against gender-based discrimination. This may be due to the inconsistencies in the Washington State Supreme Court’s state action jurisprudence. Though the ERA includes the phrasing “under the law,” its plain language does not necessarily support a finding of a state action requirement. The state action doctrine is grounded in federalism and separation of power concerns that are ...


Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price 2020 Marquette University Law School

Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price

Marquette Law Review

None


A Proposal To Properly Address Implicit Bias In The Jury, Anona Su 2020 University of California, Hastings College of the Law

A Proposal To Properly Address Implicit Bias In The Jury, Anona Su

Hastings Women’s Law Journal

No abstract provided.


The Case For Socioeconomic Affirmative Action: A Jurisprudential Examination At The Disparity Between Privilege And Poverty In Higher Education Admissions, Katelyn P. Dembowski 2020 University of California, Hastings College of the Law

The Case For Socioeconomic Affirmative Action: A Jurisprudential Examination At The Disparity Between Privilege And Poverty In Higher Education Admissions, Katelyn P. Dembowski

Hastings Women’s Law Journal

No abstract provided.


Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani 2020 Elon University

Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani

American University Journal of Gender, Social Policy & the Law

During the 1980s, anti-pornography ideologues—an unlikely alliance of feminist activists and right-wing evangelical Christians—waged an open war against pornography and the anti-censorship feminists who supported legal protection for pornographic works. Following a pivotal defeat of an anti-pornography ordinance in federal court, the ideologies constituted in the so-called “Porn Wars” continued to guide obscenity doctrine. These ideologies have informed lower courts’ understanding of the harms and values associated with sexually explicit content more than constitutional scholars recognize, at least explicitly. Although courts recognize core feminist values such as sexual autonomy and privacy in sexually explicit content, they have built ...


Slavery-Like Conditions And Abuse Of Positions Of Vulnerability: Why The United States Should Judge Countries' Efforts To Combat Human Trafficking Based On The Palermo Protocol And Consider The Effects Of Legalized Prostitution On Human Trafficking, Danica Baird 2020 Kirton McConkie

Slavery-Like Conditions And Abuse Of Positions Of Vulnerability: Why The United States Should Judge Countries' Efforts To Combat Human Trafficking Based On The Palermo Protocol And Consider The Effects Of Legalized Prostitution On Human Trafficking, Danica Baird

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Human Trafficking Victims' Need For Vacatur: Demolishing Roadblocks To Freedom: An Analysis Of The Current State Laws In The United States, The Current Federal Landscape, And A Call For The United Nations To Amend An Existing Protocol To Allow Victims Of Human Trafficking To Vacate Their Criminal Records, Melissa Owens 2020 Jackson Lewis

Human Trafficking Victims' Need For Vacatur: Demolishing Roadblocks To Freedom: An Analysis Of The Current State Laws In The United States, The Current Federal Landscape, And A Call For The United Nations To Amend An Existing Protocol To Allow Victims Of Human Trafficking To Vacate Their Criminal Records, Melissa Owens

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell 2020 American University Washington College of Law

Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok 2020 American University Washington College of Law

The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán 2020 National LGBTQ Task Force

The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres 2020 American University Washington College of Law

Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis 2020 Penn State Law

Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis

Journal Articles

In recent years, claims brought by transgender students requesting accommodations from a public school have been framed under Title IX of the Education Amendments Act of 1972, which prohibits discrimination on the basis of sex in any educational program or activity that receives federal funding. Given the changing interpretation of Title IX from the Obama to Trump administrations, both statutory and constitutional arguments supporting the right of public school students to express their gender in any manner contrary to traditional gendered norms have renewed vitality. In the decades since Stonewall, students facing school discipline for nonconforming gender presentation that violated ...


It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes 2020 San Jose State University

It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes

Faculty Publications

This mixed-methods study explored perceptions of the impact of marriage legalization in all U.S.states among sexual minority women and gender diverse individuals. Survey data were collectedfrom a nonprobability sample of individuals 18 years or older who identified as lesbian, bisexual,queer, same-sex attracted or something other than exclusively heterosexual—as well asindividuals who identified as transgender or gender nonbinary (for example, genderqueer, transwoman, trans man, nonbinary, or gender non-conforming). The analytic sample included 418participants in an online survey who responded to open-ended questions about the perceivedimpact of marriage legalization. Qualitative analyses revealed perceptions of marriagelegalization that situated individual ...


Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff 2020 University of Oklahoma College of Law

Title Vii’S Deficiencies Affect #Metoo: A Look At Three Ways Title Vii Continues To Fail America’S Workforce, Taylor J. Freeman Peshehonoff

Oklahoma Law Review

No abstract provided.


Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins 2020 American University Washington College of Law

Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins

American University International Law Review

No abstract provided.


The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl 2020 McGill University

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 ...


Illegitimate Citizenship Rules, Leticia Saucedo, Rose Cuison Villazor 2020 University of California, Davis School of Law

Illegitimate Citizenship Rules, Leticia Saucedo, Rose Cuison Villazor

Washington University Law Review

In 2017, the Supreme Court decided Sessions v. Morales-Santana, a challenge to 8 U.S.C. § 1409, the law governing the conferral of U.S. citizenship to children born abroad to parents who are U.S. citizens. As the Court noted in a forceful opinion, § 1409 imposed different and more onerous physical presence requirements on unwed fathers than unwed mothers, making it difficult for nonmarital fathers to transmit their U.S. citizenship to their foreign-born children. Such distinctions, the Court concluded, were rooted in archaic gender stereotypes and thus incompatible with equal protection principles.

Although Morales-Santana corrected the gender discrimination ...


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