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Reproductive Privacy In The World: Critical Examination Of June Medical Services, L.L.C. V. Russo And Buck V. Bell, Kumiko Kitaoka Jan 2022

Reproductive Privacy In The World: Critical Examination Of June Medical Services, L.L.C. V. Russo And Buck V. Bell, Kumiko Kitaoka

Washington and Lee Journal of Civil Rights and Social Justice

Using insights from Professor Stephen A. Simon’s Universal Rights and the Constitution, this Article argues that national courts should continue to assume an active role in the protection of privacy rights by giving due consideration to the nature of the privacy right in combination with the merits of the universal right theory. This Article then demonstrates that both foreign national courts and domestic state courts have recognized the right to procreate and key aspects of the right to abortion as fundamental rights.

Part II introduces the universal right theory, explaining why the theory is particularly relevant to the protection ...


Corporate Governance And The Feminization Of Capital, Sarah C. Haan Jan 2022

Corporate Governance And The Feminization Of Capital, Sarah C. Haan

Scholarly Articles

At the start of the twentieth century, women made up a small proportion of shareholders in American publicly traded companies. By 1956, women were the majority of individual shareholders. Although this change in shareholder gender demographics happened gradually, it was evident early in the century: Before the 1929 stock market crash, women shareholders had come to outnumber men at some of America’s largest and most influential corporations, including AT&T, General Electric, and the Pennsylvania Railroad. This Article synthesizes information from a range of historical sources to reveal an overlooked narrative of corporate history—the feminization of capital, or ...


The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli Dec 2021

The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli

Washington and Lee Law Review Online

If a rape victim becomes pregnant following the attack, she has three options: abort the pregnancy, place the child for adoption, or keep and raise the child. However, by requiring proof of conviction of rape to terminate the parental rights of the man who fathered that child through his rape, the Commonwealth of Virginia imposes a substantial burden on a victim weighing those options. To obtain a conviction under the current scheme, a victim, through her local prosecutor, has to prove to a jury that the accused committed the rape beyond a reasonable doubt. The Commonwealth requires proof of conviction ...


Working While Mothering During The Pandemic And Beyond, Nicole Buonocore Porter Aug 2021

Working While Mothering During The Pandemic And Beyond, Nicole Buonocore Porter

Washington and Lee Law Review Online

Although combining work and family has never been easy for women, working while mothering during the pandemic was close to impossible. When COVID-19 caused most workplaces to shut down, many women were laid off. But many women were forced to work from home alongside their children, who could not attend daycare or school. Mothers tried valiantly to combine a full day’s work on top of caring for young children and helping school-aged children with remote school. But many found this balance difficult, leading to women’s lowest workforce participation rate in over forty years. And even women who did ...


Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen Jul 2021

Deportation And Depravity: Does Failure To Register As A Sex Offender Involve Moral Turpitude?, Rosa Nielsen

Washington and Lee Law Review

Under U.S. immigration law, non-citizens are subject to deportation following certain criminal convictions. One deportation category is for “crimes involving moral turpitude,” or CIMTs. This category usually refers to crimes that involve fraud or actions seen as particularly depraved. For example, tax evasion and spousal abuse are CIMTs, but simple assault generally is not. For a crime to qualify as a CIMT, it must include depraved conduct and some level of intent.

The CIMT framework has been criticized for a variety of reasons. Not only is it defined ambiguously with outdated language, but the moral values it enshrines can ...


The Sexual Harassment Loophole, Keith Cunningham-Parmeter Jan 2021

The Sexual Harassment Loophole, Keith Cunningham-Parmeter

Washington and Lee Law Review

Employers rarely pay for sexual harassment. The #MeToo movement has not changed this legal reality. Title VII of the Civil Rights Act of 1964—the nation’s primary workplace antidiscrimination law—contains a harassment loophole. Harassment is the only kind of Title VII violation that allows employers to avoid liability if they offer training and reporting opportunities to workers. In contrast, employers must automatically pay for all other Title VII claims such as discriminatory firings, even when firms have trained their employees not to discriminate. This Article makes the case for closing the loophole by aligning harassment liability with other ...


The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja Oct 2020

The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja

Washington and Lee Journal of Civil Rights and Social Justice

This Note analyzes asylum law’s lack of explicit protection for individuals who suffer persecution based on their gender, and the reluctance of immigration courts to grant asylum for claims centered on the applicant’s gender. This Note explores opportunities for relief from removal for gender-based asylum claims under the current framework, namely under the particular social group category of United States immigration law. After analysis under current law, this Note proposes a judicial resolution explicitly recognizing particular social groups such as “women from [country].” Next, a statutory of regulatory amendment is suggested that unequivocally allows for asylum claims on ...


Personhood: Law, Common Sense, And Humane Opportunities, Helen M. Alvaré Apr 2020

Personhood: Law, Common Sense, And Humane Opportunities, Helen M. Alvaré

Washington and Lee Law Review Online

It is pointless to approach Professor Chatman’s argument on its own terms (to wit, “tak[ing] our laws seriously,” or equal application across myriad legal categories of “full personhood” rights) because these terms are neither seriously intended nor legally comprehensible. Instead, her essay is intended to create the impression that legally protecting unborn human lives against abortion opens up a Pandora’s box of legal complications so “ridiculous” and “far-fetched” that we should rather just leave things where they are under the federal Constitution post-Roe v. Wade and Planned Parenthood v. Casey. This impression, in turn, is a ...


If A Fetus Is A Person, It Should Get Child Support, Due Process, And Citizenship, Carliss N. Chatman Apr 2020

If A Fetus Is A Person, It Should Get Child Support, Due Process, And Citizenship, Carliss N. Chatman

Washington and Lee Law Review Online

This Article was originally published in The Washington Post on May 17, 2019. It has been edited and updated prior to its publication in the Washington and Lee Law Review.

Alabama has joined the growing number of states determined to overturn Roe v. Wade by banning abortion from conception forward. The Alabama Human Life Protection Act subjects a doctor who performs an abortion to as many as ninety-nine years in prison. The law has no exceptions for rape or incest. It redefines an “unborn child, child or person” as “[a] human being, specifically including an unborn child in utero at ...


Under Ten Eyes, Anthony Michael Kreis Apr 2020

Under Ten Eyes, Anthony Michael Kreis

Washington and Lee Law Review Online

Carliss Chatman’s If a Fetus Is a Person, It Should Get Child Support, Due Process and Citizenship brilliantly captures the moment America is in, where abortion rights hang in the balance as state legislators, like those in Alabama, Georgia, Ohio, and elsewhere clamor to embrace fetal personhood. But, as Professor Chatman illustrates, legislators have expressed no interest in the full logical extent of this policy or the rights that should attach to a fetus if their measures ultimately become effective. The article incisively demonstrates how fetal personhood is singularly focused on ending abortion in the United States and is ...


Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick Jan 2020

Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick

Washington and Lee Journal of Civil Rights and Social Justice

This Note addresses the legal recourse of domestic violence victims who are attempting to terminate a lease early for the purpose of escaping domestic violence at home. In March 2013, President Barack Obama signed the reauthorization of the Violence Against Women Act (VAWA). This version of the Act includes Title VI, which protects victims of domestic violence and stalking. Title VI applies to federally subsidized housing. It allows domestic violence victims to terminate a lease early for the purpose of removing themselves from an abusive household. Title VI also makes it illegal to deny or terminate housing assistance based on ...


Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan Jan 2020

Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan

Washington and Lee Law Review

This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally ...


The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl Jan 2020

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 ...


Marriage Equality Comes To The Fourth Circuit, Carl Tobias Feb 2019

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Washington and Lee Law Review

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit ...


The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody Jan 2019

The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody

Scholarly Articles

This Article contributes to the literature by analyzing the normative shifts within the country's institutions, both pre- and post-genocide, and observes the role of women in restructuring the institutions as a major factor in the success that Rwanda enjoys today. By prioritizing gender equality in the recreation of its legal and economic structures, Rwanda is able to leverage the talents and capabilities of its entire population, and provides a model that can be applied to a number of other countries.

Part I details the historical underpinnings of the Rwandan genocide and humanitarian crisis. Part II addresses the efforts to ...


Women's Legal Rights, In Oxford Research Encyclopedia Of African History (2019), Johanna E. Bond Jan 2019

Women's Legal Rights, In Oxford Research Encyclopedia Of African History (2019), Johanna E. Bond

Books and Chapters

In the colonial and postcolonial period, African women have advocated for legal reforms that would improve the status of women across the continent. During the colonial period, European common and civil law systems greatly influenced African indigenous legal systems and further entrenched patriarchal aspects of the law. In the years since independence, women’s rights advocates have fought, with varying degrees of success, for women’s equality within the constitution, the family, the political arena, property rights, rights to inheritance, rights to be free from gender-based violence, rights to control their reproductive lives and health, rights to education, and many ...


Zika, Feminism, And The Failures Of Health Policy, Johanna Bond Jun 2017

Zika, Feminism, And The Failures Of Health Policy, Johanna Bond

Washington and Lee Law Review Online

The Zika epidemic caused serious concerns about fetal health throughout Latin America and some southern states in the United States. The prevailing governmental response throughout the region continues to emphasize two disease control factors: pregnancy delay and mosquito abatement. This essay argues that the current health policy approach of the World Health Organization, the Centers for Disease Control, and various national governments fails in three primary ways. First, the approach does not adequately consider the intersection of gender and poverty; thus, the current policy fails to respond to the needs of women living in poverty. Second, the health policy response ...


Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather M. Kolinsky Jan 2017

Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather M. Kolinsky

Scholarly Articles

As a result of the U.S. Supreme Court’s 2014 case Burwell v. Hobby Lobby, and the seemingly expanding notion of the corporation as a person within the traditional autonomous rights paradigm, a tension has developed between corporation as subject and corporation as institution. This evolution of corporation as person also highlights the problem of providing resilience to vulnerable subjects whose competing vulnerabilities are situated in the same corporate environment. Addressing this issue is of critical importance where employment has become the conduit for the responsive state to provide resilience to so many subjects, as well as the site ...


The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky Jan 2016

The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky

Scholarly Articles

While the High Court in Australia has made it clear that discretion is not to be considered when determining if an applicant may avoid persecution upon returning home, there are concerns that discretion persists in the decision-making process with respect to discrediting identity claims. In addition, the Supreme Court of the United Kingdom handed down a retooled formulation of discretion, which once again created subcategories of applicants and suggested discretion is an appropriate consideration so long as it is not exercised out of a fear of persecution. This discussion will focus on a comparison of the evolution of LGBT asylum ...


The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe Mar 2014

The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe

Washington and Lee Law Review

No abstract provided.


Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann Mar 2014

Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian Mar 2014

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.


Previability Abortion And The Pain Of The Unborn, Teresa S. Collett Mar 2014

Previability Abortion And The Pain Of The Unborn, Teresa S. Collett

Washington and Lee Law Review

No abstract provided.


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun Mar 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony Mar 2014

Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.


Re-Reading Roe V. Wade, Richard S. Myers Mar 2014

Re-Reading Roe V. Wade, Richard S. Myers

Washington and Lee Law Review

No abstract provided.


If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith Mar 2014

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.


Abortion Distortions, Caroline Mala Corbin Mar 2014

Abortion Distortions, Caroline Mala Corbin

Washington and Lee Law Review

No abstract provided.


Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg Mar 2014

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg

Washington and Lee Law Review

No abstract provided.


Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck Mar 2014

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.