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Full-Text Articles in Law

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch Oct 2022

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.


Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson Oct 2022

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer May 2022

Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer

DePaul Journal for Social Justice

No abstract provided.


Patent Performativity, Dan L. Burk May 2022

Patent Performativity, Dan L. Burk

Journal of Intellectual Property Law

Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through ...


Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez Apr 2022

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth ...


Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris Apr 2022

Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.

First, this comment traces the history of the recognition of transgender people and ...


Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson Apr 2022

Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson

The Scholar: St. Mary's Law Review on Race and Social Justice

This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with ...


Insuring Contraceptive Equity, Jennifer Hickey Apr 2022

Insuring Contraceptive Equity, Jennifer Hickey

Northwestern Journal of Law & Social Policy

The United States is in the midst of a family planning crisis. Approximately half of all pregnancies nationwide are unintended. In recognition of the social importance of family planning, the Affordable Care Act (ACA) includes a “contraceptive mandate” that requires insurers to cover contraception at no cost. Yet, a decade after its enactment, the ACA’s promise of universal contraceptive access for insured women remains unfulfilled, with as many as one-third of U.S. women unable to access their preferred contraceptive without cost.

While much attention has been focused on religious exemptions granted to employers, the primary barrier to no-cost ...


Small Gestures And Unexpected Consequences: Textualist Interpretations Of State Antidiscrimination Law After Bostock V. Clayton County, Anastasia E. Lacina Apr 2022

Small Gestures And Unexpected Consequences: Textualist Interpretations Of State Antidiscrimination Law After Bostock V. Clayton County, Anastasia E. Lacina

Fordham Law Review

The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County expanded Title VII’s coverage of victims of sex discrimination in employment by interpreting the statute to also protect LGBTQ+ employees who were discriminated against because of their sexual orientation and/or gender identity. Although Bostock only applies precedentially to Title VII, the long and interwoven history of state antidiscrimination statutes shows that the ruling may reach beyond federal law. This Note examines state court cases that have considered whether to apply Bostock’s reasoning to the interpretation of state antidiscrimination statutes. Furthermore, this Note argues in ...


Frozen Embryos, Male Consent, And Masculinities, Dara E. Purvis Apr 2022

Frozen Embryos, Male Consent, And Masculinities, Dara E. Purvis

Indiana Law Journal

Picture two men facing the possibility of unwanted fatherhood. One man agreed to go through in vitro fertilization (IVF) with his partner, but years later has changed his mind. Despite the fact that the embryos created through IVF are his partner’s last chance to be a genetic parent, a court allows him to block her use of the embryos.

By contrast, another couple’s sexual relationship broke the law. The woman was a legal adult, and her partner was a child under the age of eighteen. Their encounter was thus statutory rape. Her crime led to pregnancy, and after ...


Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray Apr 2022

Abortion, Sterilization, And The Universe Of Reproductive Rights, Melissa Murray

William & Mary Law Review

In recent years, a new narrative associating reproductive rights with the eugenics movement of the 1920s has taken root. As this narrative maintains, in the 1920s, Margaret Sanger, a pioneer of the modern birth control movement, joined forces with the eugenics movement to market family planning measures to marginalized minority communities.

Although the history undergirding this narrative is incomplete and misleading, the narrative itself has flourished as the debate over the continued vitality of reproductive rights has unfolded in the United States. Indeed, in just the last three years, a member of the United States Supreme Court and a number ...


The Progressive Love Affair With The Carceral State, Kate Levine Apr 2022

The Progressive Love Affair With The Carceral State, Kate Levine

Michigan Law Review

A Review of The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration. By Aya Gruber.


The Never-Ending Struggle For Reproductive Rights, Stephanie Toti Apr 2022

The Never-Ending Struggle For Reproductive Rights, Stephanie Toti

Michigan Law Review

For me, the annual Book Review issue is a time for reflection. It provides an opportunity to take stock of scholarly trends, reassess conventional wisdom, and gather new insights to apply to the practice of law. The reviews contained in this year’s issue address a wide range of subjects, including the history of public defenders, the use of bigotry rhetoric in conflicts over marriage and civil rights law, the role of cost-benefit analysis in federal policymaking, and racial inequities in tax policy. This impressive commentary on an astute and varied collection of books about the law will inspire many ...


This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron Mar 2022

This Is Not New: Addressing America's Maternal Mortality Crisis, Emily Siron

Richmond Public Interest Law Review

This article utilizes an intersectional approach to examine the causes and

realities of the dismal state of pregnancy-related healthcare in the United

States, highlighting the disparate impact on Black pregnant people. The

enslavementand brutalization of Black women in the U.S. demonstrates how

American society systematically devalues Black health, especially reproductive

health. The impacts of this horrific history persist today, resulting in the

American healthcare system utterly failing Black mothers and pregnant people

of all gender identities. This article surveys this history and presents policy

solutions to improve maternal health outcomes for all, but especially

Black individuals, including proposed ...


More Money, Fewer Problems: A Post-Alston V. Ncaa Approach To Reducing Gender Inequities In Sports, Kelley L. Flint Mar 2022

More Money, Fewer Problems: A Post-Alston V. Ncaa Approach To Reducing Gender Inequities In Sports, Kelley L. Flint

Richmond Public Interest Law Review

In 2021 over the span of a few months, amateurism, the foundation of the

National Collegiate Athletic Association was challenged and redefined. Following

the passage of “name, image, and likeness” laws at the state level

and an unfavorable Supreme Court ruling, the NCAA’s structure has been

forced to evolve. These changes have opened up possibilities for college athletes

to monetize their playing in a model that is not based on viewership or

revenue sharing. Serious equity gaps between men’s and women’s sports

continue to exist, predicated on which sports generate the most money. While

not a holistic ...


Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi Mar 2022

Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi

The Indonesian Journal of Socio-Legal Studies

The complexity of the digital era, especially throughout the COVID-19 pandemic, has led to increasing cases of gender-based violence online (GBVO). However, this issue has not yet received attention in the realm of Indonesian law, especially when it comes to protecting the rights of the victims. This paper aims to see how the current legal framework in Indonesia handles GBVO cases and whether it is sufficient to provide protection for victims. This paper also wants to show that the practice of GBVO is often more detrimental to women through the elaboration of several examples of cases that are widely discussed ...


Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt Mar 2022

Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt

Minnesota Journal of Law, Science & Technology

No abstract provided.


Another Second Chance: Rehabilitation Of Marital Rape Offender For The Victim’S Recovery, Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana Mar 2022

Another Second Chance: Rehabilitation Of Marital Rape Offender For The Victim’S Recovery, Iva Kasuma, Farisa Azhara, Afida Ilfa, Shofiyah Adila Farhana

The Indonesian Journal of Socio-Legal Studies

Not all victims of marital rape want a divorce, generally victims long to maintain their marriage and for the perpetrators to correct their own behaviors. Victims are also bound to the strong culture that condones sexual relations without consent as long as it is carried out within the framework of a legal marriage. This study aims to demonstrate the importance of rehabilitation for offenders of marital rape by examining various laws and regulations in Indonesia and the obstacles to their implementation. Methodologically, data were obtained from doctrinal studies of Indonesian law and court decisions related to marital rape and empirical ...


‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer Mar 2022

‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer

Dignity: A Journal of Analysis of Exploitation and Violence

Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may ...


Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord Mar 2022

Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord

Washington Law Review

Recent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of religion debate. While federal courts have been wrestling with claims brought under the Free Exercise Clause of the First Amendment since the nineteenth century, city and state efforts to codify legal protections for LGBTQ+ individuals in the mid-twentieth century birthed novel challenges. Private individuals who do not condone intimate same-sex relationships and/or gender non-conforming behavior, on religious grounds seek greater legal protection for the ability to refuse to offer goods and services to LGBTQ+ persons. Federal and state courts must determine how to resolve ...


The Right Of Women To Child Care In The United States, Caroline Raines Greenfield Feb 2022

The Right Of Women To Child Care In The United States, Caroline Raines Greenfield

Boston College Law Review

This essay argues that international law binds the United States to adopt comprehensive policy providing accessible and affordable child care as a right of women. Women disproportionately assume the responsibility of unpaid and undervalued child care and therefore are impeded from full participation in public life. These discriminatory effects compound for minority women. Despite its wealth, the United States is outside the mainstream of international morality and out of bounds of its obligations under the American Declaration, ICCPR, ICERD, and customary international law. This essay employs intersectionality analysis and the due diligence principle to add missing texture to the significance ...


Women And M&A, Afra Afsharipour Feb 2022

Women And M&A, Afra Afsharipour

UC Irvine Law Review

Corporations, law firms, and investment banks all state that diversity matters. This Article shows that there is a chasm between discourse and action. For the most important decisions undertaken by companies—large merger and acquisition (M&A) transactions—a gender gap persists. This Article provides a holistic examination of the network of lead actors involved in M&A, revealing that women’s leadership opportunities continue to be vastly unequal. Using hand-collected data from 700 transactions, this Article reveals that thirty years after women began to account for almost half of all law students, gender parity in M&A leadership ...


Time, Equity, And Sexual Harassment, Joseph A. Seiner Feb 2022

Time, Equity, And Sexual Harassment, Joseph A. Seiner

UC Irvine Law Review

Sexual harassment remains a pervasive problem in the workplace. Recent studies and empirical research reveal that this unlawful conduct continues to pervade all industries and sectors of the economy. The #MeToo movement has made great progress in raising awareness of this problem and in demonstrating the lengths that some employers will go to conceal a hostile work environment. The movement has further identified the lasting emotional toll workplace harassment can have on its victims.

The research in this area demonstrates that the short timeframe harassment victims have to bring a federal discrimination charge—180 or 300 days depending on ...


Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality, Osamudia James Jan 2022

Superior Status: Relational Obstacles In The Law To Racial Justice And Lgbtq Equality, Osamudia James

Boston College Law Review

Animus and discrimination are the two legal lenses through which inequality is typically assessed and understood. Insufficient attention, however, is paid to the role of status in animating inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable political conflicts, status also informs the development of equality law in the United States. When courts, advocates, and policymakers affirm, ignore, miss, or concede to status hierarchies instead of dismantling them, those groups that perceive a decrease in their status relative to others will only use “equality-promoting” doctrine to rebalance status hierarchy in their favor. Public ...


The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer Jan 2022

The Importance Of Abolition Of The Carceral State For Native Survivors, Christina M. Schnalzer

American Indian Law Journal

No abstract provided.


Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon Jan 2022

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon

St. John's Law Review

(Excerpt)

Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing ...


Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson Jan 2022

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

St. John's Law Review

(Excerpt)

Blue Ivy Carter, daughter of entertainers Sean “Jay Z” Carter and Beyoncé Knowles Carter, celebrated her eighth birthday in January of 2020. To commemorate the occasion, Blue’s grandfather, Matthew Knowles, posted a picture of Blue on Instagram. Fans and journalists alike marveled that Blue looked so much like her famous mother, and many noted that she looked much older in the photograph. E! News tweeted Blue’s picture along with a question: “Can someone please explain to us when Blue Ivy became an adult?” The post went viral, and many people criticized E! News for referring to eight-year-old ...


Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon Jan 2022

Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon

St. John's Law Review

(Excerpt)

As part of a personal commitment to positively utilize my legal skills, I joined the Legal Network for Gender Equity, a group of attorneys who support individuals seeking to come forward about their experiences with sexual harassment and assault. Through this network, I regularly counsel women who want to share their stories but are concerned that by doing so, they may open themselves up to costly defamation suits from their aggressors. Their concerns are not so much rooted in any notion that their stories are or could actually be defamatory. Instead, these concerns often stem from a recognition that ...


Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson Jan 2022

Rising Up Without Pushing Down: Lessons Learned From The Suffragettes' Anti-Immigrant Rhetoric, Kit Johnson

St. John's Law Review

(Excerpt)

American suffragist Elizabeth Cady Stanton famously wrote: “We hold these truths to be self-evident; that all men and women are created equal.” Yet when suffragettes spoke of “all” men and women, they were clear about exceptions. Immigrants did not qualify. Indeed, in her own address at the First Women’s Rights Convention, held in Seneca Falls, New York, in July 1848, Stanton said that “to have . . . ignorant foreigners . . . fully recognized, while we ourselves are thrust out from all the rights that belong to citizens, it is too grossly insulting to the dignity of woman to be longer quietly submitted ...


The Mismeasure Of Success, Alissa Rubin Gomez Jan 2022

The Mismeasure Of Success, Alissa Rubin Gomez

St. John's Law Review

(Excerpt)

Large law firms evolved to serve major corporations by offering them “lawyers who were white males comfortable with the business elite, with wives at home to free up work time . . . .” After decades of advancing these same lawyers, the result has been a widespread belief that the ideal big firm lawyer is one who is committed to professional life at all hours of the day and night, and whose personal life is either nonexistent or handled by someone else. Women at large law firms have been expected to act accordingly. That is, to act like men. It hasn’t worked ...