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The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein Nov 2014

The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein

Stephanie Bornstein

This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …


The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein Nov 2014

The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

Stephanie Bornstein

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …