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Full-Text Articles in Law
Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis
Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis
Journal Articles
In recent years, claims brought by transgender students requesting accommodations from a public school have been framed under Title IX of the Education Amendments Act of 1972, which prohibits discrimination on the basis of sex in any educational program or activity that receives federal funding. Given the changing interpretation of Title IX from the Obama to Trump administrations, both statutory and constitutional arguments supporting the right of public school students to express their gender in any manner contrary to traditional gendered norms have renewed vitality. In the decades since Stonewall, students facing school discipline for nonconforming gender presentation that violated …
Trump, Gender Rebels, And Masculinities, Dara Purvis
Trump, Gender Rebels, And Masculinities, Dara Purvis
Journal Articles
Since the inauguration of President Trump, most of his Administration’s actions have been sharply conservative: notably, his efforts to ban transgender Americans from military service. There have been exceptions, however, such as proposals to create support for paid parental leave, an issue previously championed by Democrats.
This seeming contradiction of progressive and regressive policies can be reconciled by viewing the Trump Administration through the lens of masculinities theory. Hegemonic masculinity depends upon sharp differentiation between “real” men and everyone else, the latter occupying places in a hierarchy far below men. In this reading, Trump’s version of parental support makes sense: …
Hate Crimes Against Lgbtq Communities And Persons, Rebecca A. Mattson
Hate Crimes Against Lgbtq Communities And Persons, Rebecca A. Mattson
Law Library Faculty Works
This section focuses on scholarship surrounding hate crimes—in particular hate crimes relating to LGBTQ communities. The scholarship spans the last decade, a decade that has seen significant progress. As such, early articles discuss marriage equality and suggest that hate crimes would significantly decrease if marriage equality passed at a federal level. Other articles focus on the Hate Crimes Statistics Act, Pub. L. No. 101-275, 28 U.S.C. § 534, and suggest that Congress should enact more, better antihate crime legislation that includes sexual orientation and gender identity as protected classes. After the passage of the Hate Crimes Prevention Act, Pub. L. …
Mandatory Reporting Of Campus Sexual Assault And Domestic Violence: Moving To A Victim-Centric Protocol That Comports With Federal Law, Jill C. Engle
Mandatory Reporting Of Campus Sexual Assault And Domestic Violence: Moving To A Victim-Centric Protocol That Comports With Federal Law, Jill C. Engle
Journal Articles
This Article will examine "mandatory reporting" of campus domestic violence and sexual assault' by faculty members when a student discloses this kind of incident to them. This Article describes the legal and social landscape of mandatory reporting and the attendant challenges, along with the policies and practices that colleges should adopt for faculty reporting to comply with federal law while still remaining sensitive to victim needs.
Sexual Orientation Of Fatherhood, Dara Purvis
Sexual Orientation Of Fatherhood, Dara Purvis
Journal Articles
In this Article, I examine how same-sex fathers affect the perception of heterosexual caretaking fathers - and by extension, could affect the perception of heterosexual non-caretaking mothers. I conclude that gay stay-at-home fathers offer a provocative opportunity to broaden societal views of men and caregiving more generally, and argue that greater recognition of parents who counteract gender stereotypes - even where the recognition might arguably lessen women's rights in family law - ultimately helps women as well as children and nontraditional parents. Part I discusses fathers, particularly stay-at-home fathers, the practical problems fathers face combining work and caregiving responsibilities, and …
In And Out Behind The Desk - In And Out Of The Country, Kimberli Morris Kelmor
In And Out Behind The Desk - In And Out Of The Country, Kimberli Morris Kelmor
Law Library Faculty Works
The author discusses her experiences as an "out" lesbian librarian, both in the United States and abroad.
Evaluating Legal Activism: A Response To Rosenberg, Dara Purvis
Evaluating Legal Activism: A Response To Rosenberg, Dara Purvis
Journal Articles
Earlier this year, Gerald Rosenberg updated his canonical work The Hollow Hope to incorporate the battles over same-sex marriage as, in his opinion, further support for his theory that the backlash of legal activism can subvert the intended goals. This Article examines three of Rosenberg’s central claims and, by questioning their premises with further evidence from the history of the same-sex marriage movement, roils the waters of whether the litigational and political record of the same-sex marriage movement bolsters or weakens Rosenberg’s thesis. The Article first questions Rosenberg’s claim that activists seeking to advance same sex marriage erroneously chose the …
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
The Right To Contract: Use Of Domestic Partnership As A Strategic Alternative To The Right To Marry Same-Sex Partners, Dara Purvis
Journal Articles
Shortly after the Civil War, a series of cases argued that the Civil Rights Act of 1866 gave black Americans the right to make contracts, including a marriage contract, with whomever they chose. While the cases were almost uniformly unsuccessful at that time, this paper argues that claims based on private contracts replicating some of marriage’s benefits, stripped of the social and religious freight of marriage, are more compelling. State constitutional amendments banning not only marriage, but any legal recognition of a marriage-like relationship, demonstrate that animus underlies the prohibitions and that the amendments violate the Equal Protection Clause even …