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Full-Text Articles in Law

Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter Oct 2000

Unprincipled Exclusions: The Struggle To Achieve Judicial And Legislative Equality For Transgender People, Paisley Currah, Shannon Minter

William & Mary Journal of Race, Gender, and Social Justice

This Article examines recent efforts to enact civil rights statutes for transgender people in the United States. Part I provides an overview of the largely negative case law on the issue of whether transgender people are protected under existing sex, sexual orientation or disability discrimination laws. This context is provided, in part, to explain why transgender rights advocates have turned to the legislative branches of government to secure basic civil rights protections. Part II describes the initial successes that have been achieved as a result of this new focus on political activism and legislation. Part III examines the actual statutory …


Rethinking The History Of American Freedom, Michael J. Klarman Oct 2000

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.


Affirmative Actions, William W. Van Alstyne Oct 2000

Affirmative Actions, William W. Van Alstyne

Faculty Publications

Liberals and progressives have been slow to realize that their preferred vocabulary has been hijacked and that when they respond to once hallowed phrases they are responding to a ghost now animated by a new machme. The point is not a small one, for in any debate, especially one fought in the arena of public opinion, the battle is won not by knock-down arguments but by the party that succeeds in placing its own spin on the terms presiding over the discussion.


Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton Oct 2000

Introduction To The Symposium, (De)Constructing Sex: Transgenderism, Intersexuality, Gender Identity And The Law, Jane Allison Sitton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi Oct 2000

Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer Levi

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks Oct 2000

En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey Monks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Beyond The Scope Of Employer Liability: Employer Failure To Address Retaliation By Co-Workers After Title Vii Protected Activity, Elana Olson Oct 2000

Beyond The Scope Of Employer Liability: Employer Failure To Address Retaliation By Co-Workers After Title Vii Protected Activity, Elana Olson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris Oct 2000

Front Pay And Sexual Harrassment Cases: What It Is, Why It Is Important And How To Make It Better, Valerie Harris

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick Oct 2000

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Faculty Publications

No abstract provided.


Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne Jul 2000

Book Review Of Communists On Campus: Race, Politics, And The Public University In Sixties North Carolina, William W. Van Alstyne

Popular Media

This review finds William Billingsley's work to be a detailed and well-organized account of the North Carolina speaker's ban. The book avoids over-generalization and a lack of focus by honing in on this one particular story and examining it in great detail, rather than trying to provide a broad overview of similar situations across the country.


Partners Suing The Partnership: Are Courts Correctly Deciding Who Is An Employer And Who Is An Employee Under Title Vii, Dawn S. Sherman Apr 2000

Partners Suing The Partnership: Are Courts Correctly Deciding Who Is An Employer And Who Is An Employee Under Title Vii, Dawn S. Sherman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt Apr 2000

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett Feb 2000

The Absolution Of Reynolds: The Constitutionality Of Religious Polygamy, Todd M. Gillett

William & Mary Bill of Rights Journal

The ancient practice of polygamy became prevalent in parts of the United States in the mid-nineteenth century, when the Mormon Church canonized the doctrine of polygamy and encouraged its practice among its members. Today, there are nearly 40, 000 polygamists in the United States, mostly living in Utah. The Supreme Court has ruled on polygamy several times in decisions and dicta, each time finding it to be unconstitutional within the United States. In Reynolds v. United States, a 1878 decision upholding a statute that criminalized polygamy, the Court introduced the belief/action distinction that controls religious First Amendment doctrine today. This …


The Truth About Women's Rights, Janet Benshoof Feb 2000

The Truth About Women's Rights, Janet Benshoof

William & Mary Journal of Race, Gender, and Social Justice

In their article, The Rise and Fall of Women's Rights: Have Sexuality and Reproductive Freedom Forfeited Victory?, the authors Lynne Marie Kohm and Colleen Holmes launch a wide-ranging attack on women's reproductive freedoms and target not only myself but topics as diverse as gay and lesbian rights, the Vagina Monologues, and sexual freedom (without guilt or shame) for women.

This Essay is not meant to be a comprehensive response to the article. Rather, this Essay will counter Kohm's and Holmes's asserted premise-that fighting for reproductive freedoms has left feminists without the strength to fight for other rights. By doing so, …


The Rise And Fall Of Women's Rights: Have Sexuality And Reproductive Freedom Forfeited Victory?, Lynne Marie Kohm, Colleen Holmes Feb 2000

The Rise And Fall Of Women's Rights: Have Sexuality And Reproductive Freedom Forfeited Victory?, Lynne Marie Kohm, Colleen Holmes

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham Feb 2000

Enumerated Limits, Normative Principles, And Congressional Overstepping: Why The Civil Rights Provision Of The Violence Against Women Act Is Unconstitutional, Troy Robert Rackham

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Jan 2000

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Popular Media

No abstract provided.


Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas Jan 2000

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Faculty Publications

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Jan 2000

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.


The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks Jan 2000

The Relationship Between Equality And Access In Law School Admissions, Angela M. Banks

Faculty Publications

No abstract provided.