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Brief Of Amici Curiae Glbtq Legal Advocates & Defenders Et Al. In Support Of Respondent In Gloucester County School Board V. G.G., Sjc 16-273, Jennifer Levi, Shannon P. Minter, Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, Emily J. Nash 2017 Western New England University School of Law

Brief Of Amici Curiae Glbtq Legal Advocates & Defenders Et Al. In Support Of Respondent In Gloucester County School Board V. G.G., Sjc 16-273, Jennifer Levi, Shannon P. Minter, Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, Emily J. Nash

Faculty Scholarship

Amici brief submitted by the GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and Foley Hoag, LLP. to the Supreme Court of the United States in the case of Gloucester County School Board v. G.G., by His Next Friend and Mother, Deirdre Grimm. The brief argues that the Court should reject the school board’s claim that privacy interests justify its discriminatory policy for three reasons. First, there is no basis for the creation of a new privacy right that justifies excluding transgender students from shared restrooms. Second, nothing in Title IX or its regulations supports the ...


Bullying And The Laws Pertaining To It, Jennifer Levi 2017 Western New England University School of Law

Bullying And The Laws Pertaining To It, Jennifer Levi

Faculty Scholarship

This Article describes the climate of anti-gay sentiment and fear that has made it difficult for lesbian, gay, bisexual, and transgender (LGBT) students to come out or to seek support within school communities. The 1970s Miami - Dade Gay Rights Ordinance (the so-called Save Our Children campaign) fostered a climate of silence and invisibility that eventually morphed into overt hostility toward LGBT students across most student populations in the country.

The Author cites contemporary data showing dramatically high rates of hostility, including bullying and harassment, toward LBGT students. She summarizes the steps taken by the U.S. Department of Education to ...


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Law Faculty Articles and Essays

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh 2017 McGill University

The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh

University of Baltimore Law Review

More than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a ...


University Of Baltimore School Of Law Center On Applied Feminism's 9th Annual Feminist Legal Theory Conference On Applied Feminism Today: Keynote Speaker Judge Nancy Gertner, Former United States Federal Judge For The United States District Court For The District Of Massachusetts, Nancy Gertner 2017 Harvard Law School

University Of Baltimore School Of Law Center On Applied Feminism's 9th Annual Feminist Legal Theory Conference On Applied Feminism Today: Keynote Speaker Judge Nancy Gertner, Former United States Federal Judge For The United States District Court For The District Of Massachusetts, Nancy Gertner

University of Baltimore Law Review

Below is a transcription of the keynote speech from the University of Baltimore School of Law Center on Applied Feminism’s 9th Annual Feminist Legal Theory Conference: Applied Feminism Today. Judge Nancy Gertner, former United States Federal Judge for the United States District Court for the District of Massachusetts, gave the keynote speech on March 4, 2016.

I was on the bench for seventeen years, and I intend to write about that experience. The problem is that while my memoir was funny, this book—on judging—is not. In my memoir, I describe the fact that the only way I ...


The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry 2017 Cornell University Law School

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

University of Baltimore Law Review

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the “burkini” on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally ...


Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen 2017 Philadelphia Legal Assistance

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing ...


Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino 2017 Bard College

Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino

Senior Projects Spring 2017

The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest ...


Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig 2017 Notre Dame Law School

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and ...


Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado 2017 University of Baltimore School of Law

Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado

All Faculty Scholarship

The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this ...


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina 2017 European Network of Migrant Women (ENoMW)

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of ...


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.


The Principal Theory, Jennifer Twist, Merienne Star Blake 2017 University of California, Hastings College of the Law

The Principal Theory, Jennifer Twist, Merienne Star Blake

Hastings Women’s Law Journal

Prison inmates Jennifer Twist and Merienne Star Blake are just two of hundreds of women who are currently serving life sentences on a “Principal Theory.” This theory contains and entails that being at the scene or near the scene of the crime indicates a guilty demeanor as much as the person who actually committed the crime. The theory does not account for mitigating factors of trauma that many women face. Twist and Blake stand up as warriors for this cause and give a voice to the many woman serving life without parole on the basis of the Principal Theory.


Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma 2017 University of California, Hastings College of the Law

Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma

Hastings Women’s Law Journal

The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which ...


The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo 2017 University of California, Hastings College of the Law

The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo

Hastings Women’s Law Journal

This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model ...


Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady 2017 University of California, Hastings College of the Law

Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady

Hastings Women’s Law Journal

Revenge porn is a growing phenomenon where the victim is constantly re-victimized as the intimate photographs are shared across the Internet. Once a picture has been uploaded victims have no control over its distribution. The current patchwork of state criminal laws is often inadequate because the victim cannot utilize them to force websites to remove the photographs, the laws are often inadequate, and often police or legislatures fail to recognize that revenge porn is a type of sexual exploitation. States are only now beginning to take the complaints seriously. This paper sets out to define revenge porn, explain why it ...


Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich 2017 University of California, Hastings College of the Law

Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich

Hastings Women’s Law Journal

This paper indicates initial signs of a far-reaching interaction between Jewish law, civil law, and society, which goes to the very heart of the concept of motherhood in cases of assisted reproductive technologies. The paper argues that both civil law and Jewish law are dynamic. They influence one another very deeply, and both are affected by the social reality (which itself is, of course, dynamic by nature). But this influence is not only on the practical level. Within Jewish law, the paper reveals a fascinating process of a conceptual paradigmatic change: from a substantive approach to parenthood to a functionalist ...


Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak 2017 University of California, Hastings College of the Law

Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak

Hastings Women’s Law Journal

This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.


Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir 2017 University of California, Hastings College of the Law

Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir

Hastings Women’s Law Journal

The Crime Victim’s Rights Act has given victims “the right to participate in the system.” However, crime victims remain marginalized as their involvement in plea agreements is yet under enforced. This article reveals the largely unnoticed gap between the victim’s rights and the disadvantaged reality they experience in plea agreements. Further, the paper identifies the legal causes that led to this gap; namely, the broad discretion and dominance of the prosecution on the one hand, and the victim’s lack of enforcement mechanisms to participate on the other. The article provides a solution whose novelty is twofold. First ...


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