An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, 2014 Boston College Law School
An Equal Playing Field: The Potential Conflict Between Title Ix & The Massachusetts Equal Rights Amendment, Christopher Marquis
Boston College Journal of Law & Social Justice
In 2012 the Department of Education received a complaint claiming that the Massachusetts Interscholastic Athletic Association’s (“MIAA”) policy of allowing boys to try out for girls’ field hockey constituted a violation of Title IX. This federal statute prohibits discrimination in educational institutions on the basis of sex. This Note looks at the common roots of Title IX and the decision of the Massachusetts Supreme Judicial Court that allowed boys’ participation in field hockey. It then examines Title IX as it applies to the MIAA field hockey policy and determines that the Massachusetts Policy does not, in and of itself ...
Prenatal Torts: Reproductive Rights With Teeth, 2014 SelectedWorks
Prenatal Torts: Reproductive Rights With Teeth, Andrew H. Jones
Andrew H Jones
The purpose of tort law is to restore the plaintiff to the position he or she would have occupied had the complained of injury not occurred. To this end, the measure of damages is the amount which will compensate for all detriment proximately caused. But, when the causal link between the wrong and injury is abortion, and the harm relates to the existence of a human life, the issue of recovery becomes complicated. The difficulty of the issue is aggravated by the existence of conflicting principles, such as protecting a constitutionally recognized right to refrain from procreation, and maintaining the ...
Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, 2014 Boston College Law School
Bracelets And The Scope Of Student Speech Rights In B.H. Ex Rel. Hawk V. Easton Area School District, Jacquelyn Burke
Boston College Journal of Law & Social Justice
The U.S. Court of Appeals for the Third Circuit held that a district wide ban of bracelets containing the word “boobies” was an impermissible restriction of students’ First Amendment speech rights. The majority’s focus on the bracelets’ social message is critical for the preservation of students’ rights to discuss social issues, particularly health issues. Alternatively, Judge Hardiman’s dissent focused on the bracelets’ alleged sexual innuendo and did not give credence to the bracelets’ purpose. Judge Hardiman advocated upholding the ban due to the bracelets’ supposed sexual nature. Had Judge Hardiman prevailed, knowledge and awareness of a vital ...
Preventative Legislation Ensures Intended Parents Of Gestational Surrogacy Benefits Under The California Family Rights Act, Jennifer Jackson
We live in a rapidly evolving technological age, which now allows parents to enter surrogacy contracts. In such a world, the law often lags in catching up to technology and the ramifications that may ensue. This paper focuses on the California Family Rights Act (CFRA) and the consequences it has on surrogacy agreements and the rights intended parents. While the CFRA includes broad language as to the definition of a “child,” case law shows that surrogate born children may be unintentionally excluded. As a result, this paper analyzes the arguments both for and against revision to the CFRA and concludes ...
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrgoacy Contracts, Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, 2014 SelectedWorks
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Danielle Y Blanks
Despite similarly progressive abortion rights laws, women in South Africa and the U.S. experience completely different levels of access to legal and safe abortions. In this paper, I will seek to explain the reasons for this disparity by describing the ways in which natural law has influenced the application of law in the U.S. and South Africa while examining the role of cultural values in the realization of abortion rights. I will take an integrative approach to explain ideological similarities and a contrastive approach to denote the cultural differences that have led to a de facto marginalization of ...
A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, 2014 Maurer School of Law: Indiana University
A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy
Indiana Law Journal
A discussion of the recent case in which a pregnant Indiana woman named Bei Bei Shuai was prosecuted for fetal homicide following a failed suicide attempt and later miscarriage. The Comment uses this case as a comparison point for different cases and statutes in all fifty states and suggests possible principles for a more unified doctrine and approach.
When Free Exercise Is A Burden: Protecting "Third Parties" In Religious Accommodation Law, Kara Loewentheil
During the 2014 U.S. Supreme Court term, the Court considered two challenges to the contraceptive coverage requirement of the Affordable Care Act. These cases attracted enormous attention, and brought a new urgency to the principle that requests for religious accommodations should be weighed against any burdens such accommodations would impose on “third parties,” who are more accurately termed “existing rights-holders.” However, neither courts nor scholars have provided a consistent or principled way of thinking through how to evaluate such burdens and how to weigh them against free exercise rights. This Article takes up that challenge, using the example of ...
Copy And Paste: Transplanting International Hiv/Aids Model Laws Into African Countries, Maya Berinzon
There has been a recent boon of legislative and regulatory frameworks to govern HIV in Africa. This includes rules on when and how a health practitioner may disclose the HIV status of a patient to a spouse or sexual partner. In balancing the right to privacy against a doctor's duty of care, two international model laws have emerged, and have been copied in whole, or in part, by a number of African countries. This paper questions the usefulness of such model laws as legal transplants in national legislatures through analysis of the regulations developed in thirty-two African countries.
Root Canal Of The Problem: The Iowa Supreme Court's Protection Of Male Impulses Over Female Traits, 2014 Boston College Law School
Root Canal Of The Problem: The Iowa Supreme Court's Protection Of Male Impulses Over Female Traits, Catherine E. Mendola
Boston College Journal of Law & Social Justice
In 2010, Dr. James H. Knight DDS fired his employee, Melissa Nelson, explaining that his wife had become jealous of their consensual but nonsexual relationship. Nelson, in turn, filed a sex discrimination claim, alleging that her termination would not have occurred, but-for her sex. The Iowa Supreme Court sided with Knight, ruling that Nelson’s termination was due to Knight’s wife’s jealousy, irrespective of Nelson’s sex. This Comment argues that: (1) in the absence of sexual conduct, the court’s reliance on precedent involving consensual sexual relationships was misplaced; (2) in relying on the wrong precedent, the ...
Holding Rhode Island Strip Club Owners Accountable, 2014 University of Rhode Island
Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.
Donna M. Hughes
For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.
Reforming Irish Abortion Law In The Wake Of Tragedy: Looking To Portugal And Germany For Culturally Sensitive Models, Kimi M. Ide-Foster Miss
Kimi M. Ide-Foster Miss
On October 18, 2012, “inhumane laws, lack of guidelines on how to apply the laws that do exist, fear of prosecution on behalf of doctors, medical incompetence, [and] influences of the most conservative wing of the Catholic Church over hospitals” all merged together to end in one of the saddest deaths in modern medicine. The death of Savita Halappanavar, a thirty one-year old married dentist, in an Irish hospital shocked the country. Dying at the Galway University Hospital Intensive Care Unit after being 17 weeks pregnant and found to be miscarrying, her repeated requests for an abortion fell on deaf ...
Golden Gate University Professor Leads Bill Limiting State Prison Sterilizations, 2014 Golden Gate University School of Law
Golden Gate University Professor Leads Bill Limiting State Prison Sterilizations, Lisa Lomba
Golden Gate University (GGU) is at the heart of legislation recently introduced by the California Legislative Women’s Caucus to limit sterilization surgeries in all state prisons, county jails and other detention centers.
A Right In Theory But Not In Practice: Voter Discrimination And Trap Laws As Barriers To The Exercising Of A Constitutional Right, Rachel Suppé
No abstract provided.
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, 2014 Seattle University School of Law
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate ...
Impropriety’S Invisible Hand: Judicial Race And Gender Biases Within State Supreme Courts, Robert K. Christensen, John Szmer, Anthony M. Kreis
No abstract provided.
Veiled Discrimination, 2014 SelectedWorks
Veiled Discrimination, Sahar F. Aziz
Sahar F Aziz
Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety.
Employees who belong to the employer’s social group or fall within society’s majority are advantaged ...
The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait
Allison Anna Tait
Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women’s property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate’s utility and argue that Chancery’s separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates ...
Marriage Equailty: Why Laws Restricting Same-Sex Couples' Rights Should Be Subject To Heightened Scrutiny Under Equal Protection Challenges., Cory A. Delellis
Cory A DeLellis
This thesis discusses why laws that restrict marital rights and recognition, on the basis of the couple’s sexual orientation, should be subject to a heightened or intermediate level of judicial scrutiny under Equal Protection challenges. This thesis addresses, analyzes, and suggests why sexual orientation – within the context of same-sex couples – should be considered a quasi-suspect class, rather than a non-suspect class, so that laws negatively impacting couples based on their sexual orientation are subjected to a fairer and more reasonable level of judicial scrutiny.
A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome
University of Southern California Legal Studies Working Paper Series
This symposium essay summarizes our ongoing ethnographic research on corporate board diversity.This research is based on fifty-seven interviews with corporate directors and a limited number of other persons of interest (including institutional investors, executive search professionals, and proxy advisors) regarding their views on race and gender diversity in the boardroom.
Using a method rooted in anthropology and discourse analysis, we have worked from a general topic outline and conducted open-ended interviews in which respondents are encouraged to raise and develop issues of interest to them. The interviews range from forty-five minutes to two hours in length and each interview ...