Those Awful Tahrir Rapes, 2015 Georgetown University Law Center
Those Awful Tahrir Rapes, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
This essay highlights the myriad ways in which street sexual harassment of women in Egypt, of which I argue the mass rapes of Tahrir are an egregious instance thereof, disciplines women's bodies. It describes briefly and dismisses the frameworks for understanding those practices proposed by the left, the right and the government. I also describe the role that law, in conjunction with its lax enforcement, plays in intensifying this regulation.
The essay uses purposefully the fighting radical feminist pronoun "we" to describe the predicament. I "am" an Egyptian women. I consider myself an ally in their attempt to understand, resist …
Better Safe? Why Obergefell Matters Before Court Rules, 2015 Georgia State University College of Law
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Tanya Monique Washington
No abstract provided.
Scrutiny Of The Venire, Scrutiny From The Bench: Smithkline Beecham Corp. V. Abbott Laboratories And The Application Of Heightened Scrutiny To Sexual Orientation Classifications, 2015 The Catholic University of America, Columbus School of Law
Scrutiny Of The Venire, Scrutiny From The Bench: Smithkline Beecham Corp. V. Abbott Laboratories And The Application Of Heightened Scrutiny To Sexual Orientation Classifications, Parker Williams
Catholic University Law Review
In SmithKline Beecham Corp. v. Abbott Laboratories, the Ninth Circuit Court of Appeals applied heightened scrutiny to a sexual orientation classification. Through SmithKline, the Ninth Circuit became one of the first federal circuit courts to do so explicitly; and by unequivocally applying a more exacting standard than rational basis, it furthered the framework developed in cases such as Romer v. Evans, Lawrence v. Texas, and United States v. Windsor. This Note asserts that SmithKline is a significant victory for the advancement of LGBT rights, as evidenced by its use to strike down several same-sex marriage bans …
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), 2015 The John Marshall Law School
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), 2015 The John Marshall Law School
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle
Donald L. Beschle
No abstract provided.
Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), 2015 John Marshall Law School
Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), Kathryn Kennedy
Kathryn J. Kennedy
No abstract provided.
Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), 2015 John Marshall Law School
Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), Kathryn Kennedy
Kathryn J. Kennedy
No abstract provided.
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), 2015 John Marshall Law School
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
Kim D. Chanbonpin
This Essay begins by understanding the law school crisis through the framework of disaster capitalism. This framing uncovers the ways in which reformers are taking advantage of the current crisis to restructure legal education. Under the circumstances, faculty may reasonably read the contemporaneous student-led movement to require trigger warnings in the classroom as an assault on academic freedom. This reading, however, clouds the water. Part II attempts to clear the confusion by decoupling the trigger-warning movement from the broader phenomenon of law school corporatization. Trigger-warning demands might alternatively be read as a student critique of traditional law school pedagogy. Especially …
“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), 2015 John Marshall Law School
“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, 3 U.C. Irvine L. Rev. 905 (2013), Kim D. Chanbonpin
Kim D. Chanbonpin
The repeal of DADT represents the triumph of non-discrimination rhetoric, while the MLDC's report stands for a renewed effort to expand the military's affirmative action policies for the benefit of people of color and women: two historically subordinated groups in the U.S. military. The repeal of DADT may have purchased equality for LGB service members, but at a premium. The strategic decision to rally around the non-discrimination model, I argue in this Article, will reinforce the continued subordination of LGB service members. As an alternative, I propose the application of kakou principles to military policies and programs for integrating LGB …
"You Miss 100% Of The Shots You Never Take": Virginia High School League's Policy Violates Title Ix By Preventing Transgender Student Athletes From Taking A Shot At Participating In Athletics, 2015 American University Washington College of Law
"You Miss 100% Of The Shots You Never Take": Virginia High School League's Policy Violates Title Ix By Preventing Transgender Student Athletes From Taking A Shot At Participating In Athletics, Sarah M. Jacques
Sarah M Jacques
No abstract provided.
Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), 2015 John Marshall Law School
Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones
Samuel V. Jones
This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), 2015 John Marshall Law School
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
Julie M. Spanbauer
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …
Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, 2015 University of Southern California
Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz
Indiana Journal of Law and Social Equality
Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …
A Marriage By Any Other Name: Why Civil Unions Should Receive Federal Recognition, 2015 Indiana University Maurer School of Law
A Marriage By Any Other Name: Why Civil Unions Should Receive Federal Recognition, Deborah A. Widiss, Andrew Koppelman
Indiana Journal of Law and Social Equality
The federal government now recognizes same-sex marriages as triggering rights and responsibilities under federal law. However, it still generally refuses to recognize alternative legal statuses—civil unions and domestic partnerships—that were created by states to serve as functional marriages. Even though all the states that created such alternative statuses now permit same-sex couples to marry, this misguided policy causes ongoing harms. Some same-sex couples who entered into alternative relationships when marriage was not an option may now lack the capacity to marry. Couples who have since married may also be hurt by the federal government’s refusal to recognize civil unions or …
Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, 2015 Maurer School of Law: Indiana University
Thrown Away For Being Gay: The Abandonment Of Lgbt Youth And Their Lack Of Legal Recourse, Caitlin "Casey" Judge
Indiana Journal of Law and Social Equality
One of the most pervasive risks LGBT youth face today is the threat of being thrown out of their homes because of their sexual orientation. According to a Massachusetts Youth Risk Behavior Survey, one in four teens that identify as lesbian or gay are homeless. Of the estimated 575,000 to 2.8 million youth that are homeless each year, between 20 percent and 40 percent identify as LGBT. While youth homelessness is most often attributed to neglect, family tragedy, poverty, and addiction, most LGBT youth populations attribute their homelessness directly to their sexual orientation. This suggests that these parents and families …
Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, 2015 Pepperdine University
Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick
Pepperdine Law Review
Like the Thirteenth Amendment, which made slavery punishable by law, additional statutes that protect victims and punish those involved in sex trafficking are needed in the United States to abolish modern-day slavery. This Comment focuses specifically on California's laws relating to sex trafficking for two reasons. First, California's laws fail to adequately address the demand for sex trafficking. Second, California has a unique relationship to pornography, which is intrinsically linked to sex trafficking. Part II explains the definition and realities of sex trafficking with a special focus on buyers creating demand for sex trafficking. Part III discusses the current state …
A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, 2015 William & Mary Law School
A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr.
William & Mary Journal of Race, Gender, and Social Justice
This Article explores affirmative action treatment for self-identified LGBT individuals in college and university admissions. This Article seeks to explain that while granting affirmative action treatment to self-identified students in the admission process is constitutional, under the current affirmative action precedent, there is a lack of sufficient justification for such an expansion. This Article will also explore the advantages and disadvantages should colleges and universities choose to implement affirmative action programs for LGBT applicants.
Section I of this Article will begin by depicting the evolution of affirmative action programs since their inception in the early 1960s. This section will also …
Employment Discrimination Against Bisexuals: An Empirical Study, 2015 William & Mary Law School
Employment Discrimination Against Bisexuals: An Empirical Study, Ann E. Tweedy, Karen Yescavage
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Marriage Equality Comes To Virginia, 2015 University of Richmond School of Law
Marriage Equality Comes To Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, 2015 Seattle University School of Law
Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski
Seattle University Law Review
Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United States Air …