Law Commons^™

The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood

SLU Law Journal Online

This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …

Achieving Gender Equality In Venture Capital: The Case For Federal Regulatory Intervention, Janhvi Patel

William & Mary Business Law Review

Gender inequality is a pervasive issue in venture capital financing, with studies consistently revealing the severe disadvantage female entrepreneurs face when raising private funds for their companies. Research has shown that female founders receive only a fraction of the total venture capital dollars invested each year, despite launching companies that outperform those founded by men. Gender bias among investors, a lack of diversity in decision-making teams, and regulatory inaction are major contributors to this inequality. The consequences of gender inequality in venture capital financing extend beyond the financial impact; such inequalities perpetuate systemic gender stereotypes and impede the full realization …

Use Of Force In Policing: Do Female Police Officers Use Unjustifiable Force As Often As Male Officers?, Carma Dobson

Theses

Use of force (UOF) is a common practice in policing. My study focuses on the disposition of the use of unjustifiable force in policing. Utilization of pre-existing data with 5,771 use of force incidents from the New Orleans, Louisiana police department in the years of 2016-2021 produces an answer to the research question: Do female police officers use unjustifiable force as often as male officers? The chi-square test of independence results in my study indicates that there is no statistical difference between males and females.

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …

Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz

Washington Journal of Social & Environmental Justice

No abstract provided.

Forced To Bear The Burden And Now The Children: The Dobbs Decision And Environmental Justice Communities, Mia Petrucci

Washington Journal of Social & Environmental Justice

No abstract provided.

A Legacy Of Feminism And Advocacy: An Interview With Dr. Lenore Walker, Brandi Diaz

Trauma Counseling and Resilience

Dr. Lenore Walker is a pioneer in feminism and trauma counseling. Her contribution to these fields is vast, including topics of gender violence, battered woman syndrome, child abuse and trauma, false confessions of battered women, sex and human trafficking, and psychology and the law. Her theories and conceptualizations have shaped how providers approach trauma-informed care and the assessment of trauma survivors. Moreover, her work has spanned a variety of functions such as a clinician, researcher, educator, advocate, leader, consultant, and mentor. For the purposes of this article, Dr. Walker engaged in an interview to discuss her career, contributions, legacy, and …

A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik

UMKC Law Review

Judith Resnik shares an overview of the Women in Legal Education Section of the AALS during the 1980s and 1990s when she became involved in coordinating various activities of the Section, and then Chair. The Article also discusses the importance of documenting and archiving the activities and history of women in legal education.

The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern

Journal of Collective Bargaining in the Academy

The Persistence of Separate and Unequal:

Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity

ABSTRACT

For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …

Fireside Chat: Challenging The Status Quo As Minorities In The Tech Space, Cardozo Women In Tech Law, Cardozo Asian Pacific American Law Students Association, Cardozo Black Law Students Association, Cardozo Disable Law Student Association, Cardozo Minority Law Student Alliance, Cardozo Latin American Law Student Association (Lalsa), Cardozo Outlaw, Cardozo Labor And Employment Law Society

Flyers 2023-2024

No abstract provided.

“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry

Cleveland State Law Review

On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner

Brooklyn Law Review

In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …

Rereading Pico And The Equal Protection Clause, Johany G. Dubon

Fordham Law Review

More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Washington Law Review

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …

Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller

Nevada Law Journal

A significant legal backlash against transgender individuals is currently under way. This movement--which includes state legislation, state executive action, and federal cases--seeks to limit access and participation by transgender individuals in school sports, use of bathrooms, access to appropriate care, and even the right to be addressed appropriately in the classroom. Properly understood as a political backlash in response to previous political gains by transgender individuals, this movement is composed of a series of speech acts: language that makes change in the world and alters human relations. This article identifies the features of the backlash and the power dynamics that …

Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani

The Indonesian Journal of Socio-Legal Studies

Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments …

The Kids Are Not Alright: Negative Consequences Of Student Device And Account Surveillance, Ashley Peterson

Washington Law Review

In recent years, student surveillance has rapidly grown. As schools have experimented with new technologies, transitioned to remote and hybrid instruction, and faced pressure to protect student safety, they have increased surveillance of school accounts and school-issued devices. School surveillance extends beyond school premises to monitor student activities that occur off-campus. It reaches students’ most intimate data and spaces, including things students likely believe are private: internet searches, emails, and messages. This Comment focuses on the problems associated with off-campus surveillance of school accounts and school-issued devices, including chilling effects that fundamentally alter student behavior, reinforcement of the school-to-prison pipeline, …

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.

Voting While Trans: How Voter Id Laws Unconstitutionally Compel The Speech Of Trans Voters, Emmy Maluf

Michigan Law Review

Thirty-five states currently request or require identification documents for in-person voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter’s gender presentation, the voter may be disenfranchised—either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not …

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role is male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua

Journal Articles

The Dobbs decision has been leaked. Gathered outside of New York City's St. Patrick's Old Cathedral, pro-choice protesters chant: "Not the church, not the state, the people must decide their fate."

A white man wearing a New York Fire Department sweatshirt and standing on the front steps responds: "l am the people, l am the people, l am the people, the people have decided, the court has decided, you lose . . . . You have no choice. Not your body, not your choice, your body is mine and you're having my baby."

Despicable but not unexpected,³ this man's comments …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …

“We Do No Such Thing”: 303 Creative V. Elenis And The Future Of First Amendment Challenges To Public Accommodations Laws, David Cole

Georgetown Law Faculty Publications and Other Works

In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws.

Episode 8: The End Of The Beginning, Sara Gras

Season 01

This final episode closes with some final thoughts from most of my guests about where this issue currently stands, where it could be headed, and what we should be doing with our concerns in the meantime.

Look for more episodes of Hearsay from the Sidelines coming later in 2024!

Dara Purvis (Faculty Profile)
Associate Dean for Research and Partnerships & Professor of Law, Penn State Law
Works referenced:

• Dara E. Purvis, Transgender Children, Teaching Early Acceptance, and the Heckler’s Veto, 72 Stud. L. Pol. Soc’y 219 (2017).
• Dara E. Purvis, Transgender Students and the First Amendment (Forthcoming), …

Episode 7: Strange Bedfellows, Sara Gras

Season 01

In this episode I explore the various factions who, despite their different general ideologies, have united in advocating for the exclusion of trans kids from sports. My guests and I discuss why this presents such a challenge when working to educate and advocate around this issue. I also provide some additional details on one of the largest and most powerful organizations supporting exclusion.

Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law

Kurt Weaver
Executive Director, You Can Play Project

Shira Berkowitz (Organizational Bio)
Senior Director …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Protecting Title Ix’S Promise: The Injustice Of Indifference In Title Ix Peer Sexual Harassment Cases, Emily Harvey

Emory Law Journal

Title IX of the Education Amendments of 1972 promised dramatic measures to address sex-based discrimination in education. In the context of civil suits against schools involving peer sexual harassment, these measures have yet to live up to their promise. Under the existing standard, student victims of peer sexual harassment must demonstrate that their educational institutions responded to their reports of harassment with “deliberate indifference.” This standard favors institutions over students as it imposes liability only in the most egregious cases. A deepening conflict between the circuit courts regarding what deliberate indifference actually requires compounds concerns over the standard’s ineffectiveness. Courts …