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Articles 1 - 30 of 73
Full-Text Articles in Law
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
American University Journal of Gender, Social Policy & the Law
In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …
In Defense Of The Juggernaut: The Ethical And Constitutional Argument For Prosecutorial Discretion, David A. Lord
In Defense Of The Juggernaut: The Ethical And Constitutional Argument For Prosecutorial Discretion, David A. Lord
American University Journal of Gender, Social Policy & the Law
Within days of the Supreme Court’s decision overturning Roe v. Wade, progressive prosecutors throughout the country announced that if their jurisdictions enacted restrictions on abortion, they would not prosecute the individuals who had these procedures or the doctors who performed them. This is the latest example of situations, like drug crimes, illegal gun possession, and other offenses, where prosecutors have declined to enforce a state law as a matter of public policy. Critics of this broad use of prosecutorial discretion have argued that it violates the constitutional separation of powers.
This Article argues that prosecutorial discretion is well-founded in American …
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
Deeply Rooted Or Deeply Flawed? A Constitutional Criticism Of Dobbs And Roe's Potential Resurrection, Julian Whitley
American University Journal of Gender, Social Policy & the Law
Abortion has been a divisive issue in this country for decades. Some believe that abortion should be illegal under any circumstance, others believe that abortion under certain circumstances should be legal, and still others believe that abortion should be legal in all circumstances. The issue of abortion was initially decided by the Court in 1973 under Roe v. Wade, where the Court devised a trimester approach.
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
Pro-Choice (Of Law): Extraterritorial Application Of State Law Using Abortion As A Case Study, Marnie Leonard
American University Journal of Gender, Social Policy & the Law
Madison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly.
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
American University Journal of Gender, Social Policy & the Law
Beauty may only be skin deep, but discrimination against the unattractive runs far deeper. Research emphatically demonstrates that attractiveness discrimination affects nearly every aspect of life, including hiring and promotion decisions. For example, personal injury attorneys utilize economists as expert witnesses for how their clients’ reduced attractiveness will negatively affect their future earnings. Attractiveness discrimination is just as prevalent as discrimination based on ethnicity. Unfortunately, current interpretations of federal antidiscrimination legislation do not offer protections from attractiveness discrimination. This Article offers a comprehensive framework for providing such protections under an expansive interpretation of Title VII.
Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene
American University Journal of Gender, Social Policy & the Law
The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …
Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell
Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani
Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani
American University Journal of Gender, Social Policy & the Law
During the 1980s, anti-pornography ideologues—an unlikely alliance of feminist activists and right-wing evangelical Christians—waged an open war against pornography and the anti-censorship feminists who supported legal protection for pornographic works. Following a pivotal defeat of an anti-pornography ordinance in federal court, the ideologies constituted in the so-called “Porn Wars” continued to guide obscenity doctrine. These ideologies have informed lower courts’ understanding of the harms and values associated with sexually explicit content more than constitutional scholars recognize, at least explicitly. Although courts recognize core feminist values such as sexual autonomy and privacy in sexually explicit content, they have built doctrine that …
Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres
Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán
The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two, Kyle Velte
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two, Kyle Velte
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
American University Journal of Gender, Social Policy & the Law
No abstract provided.
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Would've, Could've, Should've: Custodial Standing Of Non-Biological Same-Sex Parents For Children Born Before Marriage Equality, Frank Aiello
American University Journal of Gender, Social Policy & the Law
No abstract provided.
At Long Last Marriage, Jack B. Harrison
At Long Last Marriage, Jack B. Harrison
American University Journal of Gender, Social Policy & the Law
Over time, the Supreme Court has made clear its belief that marriage is one of the most significant and fundamental rights provided protection under the Constitution. In his opinion in Griswold v. Connecticut, Justice Douglas characterized marriage as a “coming together for better or for worse, hopefully enduring, and intimate to the [point] of being sacred[,]” describing it as “an association that promotes a way of life . . . a harmony in living . . . [and] a bilateral loyalty.” The Court in Griswold clearly found that marriage was deserving of protection not solely because it was the locus …
Perry V. Schwarzenegger: Can The Proponents Of Proposition 8 Stand Up When The State Stands Down? , Matthew Gomez
Perry V. Schwarzenegger: Can The Proponents Of Proposition 8 Stand Up When The State Stands Down? , Matthew Gomez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Perry V. Schwarzenegger, Proposition 8, And The Fight For Same-Sex Marriage , Jennie Croyle
Perry V. Schwarzenegger, Proposition 8, And The Fight For Same-Sex Marriage , Jennie Croyle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Prostitutes + Condoms = Aids?: Leadership Act, Usaid, And Hhs Guidelines’ Failure To Define “Promoting Prostitution”, Sung Chang
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Uruguay , Walter Howard
National Report: Uruguay , Walter Howard
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: United Kingdom, Kenneth Mck. Norrie
National Report: United Kingdom, Kenneth Mck. Norrie
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Turkey, Başak Başoğlu, Candan Yasan
National Report: Turkey, Başak Başoğlu, Candan Yasan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Switzerland, Annelot Peters
National Report: Switzerland, Annelot Peters
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras
National Report: Spain, Carlos Martínez De Aguirre Aldaz, Pedro De Pablo Contreras
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: The Republic Of South Africa, François Du Toit
National Report: The Republic Of South Africa, François Du Toit
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Norway , Torstein Frantzen
National Report: Norway , Torstein Frantzen
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Japan, Teiko Tamaki
National Report: Japan, Teiko Tamaki
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: New Zealand, Kenneth Mck. Norrie
National Report: New Zealand, Kenneth Mck. Norrie
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Ireland, Aisling Parkes
National Report: Ireland, Aisling Parkes
American University Journal of Gender, Social Policy & the Law
No abstract provided.
National Report: Italy, Virginia Zambrano
National Report: Italy, Virginia Zambrano
American University Journal of Gender, Social Policy & the Law
No abstract provided.