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Articles 1 - 30 of 39
Full-Text Articles in Law
Three Cohorts' Vulnerabilities On The Issue Of Sexual Consent, Anita Bernstein
Three Cohorts' Vulnerabilities On The Issue Of Sexual Consent, Anita Bernstein
Faculty Scholarship
No abstract provided.
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Articles
No abstract provided.
Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard
Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard
2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard
Other Publications
No abstract provided.
A Pause In The Expansion Of Vicarious Liability, Kee Yang Low, Siang Ping Lai
A Pause In The Expansion Of Vicarious Liability, Kee Yang Low, Siang Ping Lai
Research Collection Yong Pung How School Of Law
The doctrine of vicarious liability has undergone dramatic development in recent times and has been extended to scenarios quite different from that of employer-employee. The question is: will vicarious liability be applied to a situation where the tortfeasor is an independent contractor? The UKSC supplied the answer in Barclays Bank v Various Claimants. This article considers the implications of this landmark decision.
Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School Of Law
Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trafficking To The Rescue?, Julie A. Dahlstrom
Trafficking To The Rescue?, Julie A. Dahlstrom
Faculty Scholarship
Since before the dawn of the #MeToo Movement, civil litigators have been confronted with imperfect legal responses to gender-based harms. Some have sought to envision and develop innovative legal strategies. One new, increasingly successful tactic has been the deployment of federal anti-trafficking law in certain cases of domestic violence and sexual assault. In 2017, for example, victims of sexual assault filed federal civil suits under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) against Hollywood producer Harvey Weinstein. Plaintiffs argued that the alleged sexual assault conduct amounted to “commercial sex acts” and sex trafficking. Other plaintiffs’ lawyers have similarly invoked trafficking …
¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick
¿“La Familia Diversa”?: Una Investigación En Constructos De Familias En Ecuador En El Siglo Xxi, Julia Cornick
Independent Study Project (ISP) Collection
En este ensayo, exploro la constitución ecuatoriana de 2008, específicamente el artículo 67 que reconoce y protege “la familia diversa”. Este artículo supuestamente reconoce “la familia en sus diversos tipos”. Pero, otras partes de la constitución y las acciones del gobierno niegan el artículo en muchas maneras. A pesar de las promesas rotas y palabrerías de la constitución, individuos y grupos en comunidades LGBTI en Ecuador existen afuera de la constitución cuando construyen “familias alternativas”. A través de formas de familias alternativas, los ecuatorianos pueden hacer familias alternativas y significado afuera de la constitución, y voy a investigar las implicaciones …
On Beauty And Policing, India Thusi
On Beauty And Policing, India Thusi
Articles by Maurer Faculty
“To protect and serve” is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers’ perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and …
Before Loving: The Lost Origins Of The Right To Marry, Michael Boucai
Before Loving: The Lost Origins Of The Right To Marry, Michael Boucai
Journal Articles
For almost two centuries of this nation’s history, the basic contours of the fundamental right to marry were fairly clear as a matter of natural, not constitutional, law. The right encompassed marriage’s essential characteristics: onjugality and contract, portability and permanence. This Article defines those four dimensions of the natural right to marry and describes their reflections and contradictions in positive law prior to Loving v. Virginia (1967). In that landmark case, the Supreme Court enforced a constitutional “freedom to marry” just when marriage’s definitive attributes were on the brink of legal collapse. Not only did wedlock proceed in Loving’s wake …
Dehumanization “Because Of Sex”: The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Dehumanization “Because Of Sex”: The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Faculty Scholarship
No abstract provided.
Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler
Anonymous Plaintiffs And Sexual Misconduct, Jayne S. Ressler
Faculty Scholarship
No abstract provided.
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Student Scholarship
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
A Taxing Feminism, Anthony C. Infanti, Bridget J. Crawford
A Taxing Feminism, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Feminist perspectives are not new to tax law. The first academic piece bringing a feminist perspective to bear on tax law dates to the early 1970s, when Grace Blumberg published “Sexism in the Code: A Comparative Study of Income Taxation of Working Wives and Mothers.” Contemporaneously, none other than Ruth Bader Ginsburg (along with her tax lawyer husband Marty Ginsburg) brought a feminist perspective to bear on tax law when she argued Moritz v. Commissioner before the Tenth Circuit Court of Appeals, as depicted in the movie On the Basis of Sex. Since then, numerous other contributions have been …
Mid-Atlantic Ethics Committee Newsletter, Winter 2020
Mid-Atlantic Ethics Committee Newsletter, Winter 2020
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention
Education Is The Most Appropriate Response To The Phenomenon Of Voluntary Teen Sexting, The Erin Levitas Initative For Sexual Assault Prevention
C-DRUM Publications
No abstract provided.
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 …
The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl
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 and …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
All Faculty Scholarship
This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s …
Hiv Law And Policy In The United States: A Tipping Point, Scott Skinner-Thompson
Hiv Law And Policy In The United States: A Tipping Point, Scott Skinner-Thompson
Publications
The fight to effectively treat and stop the spread of the human immunodeficiency virus (HIV) has made meaningful progress both in the United States and globally. But within the United States that progress has been uneven across various demographic groups and geographic areas, and has plateaued. While scientific advances have led to the development of medicine capable of both treating and preventing HIV, law and policy dictate who will have ready access to these medicines and other prevention techniques, and who will not. Law and policy also play a crucial role in determining whether HIV will be stigmatized, discouraging people …
An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig
An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig
Articles, Book Chapters, & Popular Press
Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …
Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn
Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn
Articles, Book Chapters, & Popular Press
Technology facilitated gender-based violence (TFGBV) is a complex worldwide phenomenon with devastating results. Research to date shows that victim-survivors of intimate partner violence are tracked by their abusive partners who use technology to monitor their movements and communication. Many women journalists, human rights defenders and politicians face daily death threats and rape threats for speaking out about equality issues or for simply being a woman in a leadership role. Those with intersecting marginalized identities are at specific risk, with Black, Indigenous, and people of colour, LGBTQ+ people, and people with disabilities facing higher rates of attacks and concerted attacks that …
Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha, Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin, Linda C. Mcclain
Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha, Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin, Linda C. Mcclain
Faculty Scholarship
This Brief of Amici Curiae Legal Scholars in Support of Equality in Support of Respondents filed in Fulton v. City of Philadelphia addresses the propriety of an analogy to race discrimination in public accommodation cases involving sexual orientation discrimination. The race analogy in sexual orientation cases proceeds as follows: Advocates and judges widely agree that courts should, and would, reject a religious exemption claim by a public accommodation—such a foster care agency—seeking to turn away an African-American or interracial couple based on the public accommodation’s religious beliefs that Blacks are inferior to whites or that the races should not mix. …
Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop, Dale Carpenter
Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop, Dale Carpenter
Faculty Journal Articles and Book Chapters
No abstract provided.
Brief Of Amici Curiae Scholars Of The Constitutional Rights And Interests Of Children In Support Of Respondents, Angela Onwuachi-Willig, Catherine E. Smith, Tanya Washington Hicks, Lauren Fontana, Jessica Dixon Weaver, Cary Martin Shelby
Brief Of Amici Curiae Scholars Of The Constitutional Rights And Interests Of Children In Support Of Respondents, Angela Onwuachi-Willig, Catherine E. Smith, Tanya Washington Hicks, Lauren Fontana, Jessica Dixon Weaver, Cary Martin Shelby
Faculty Scholarship
This Brief of Amici Curiae Scholars of the Constitutional Rights and Interests of Children in Support of Respondents filed in Fulton v. City of Philadelphia makes two points. First, a categorical exemption, based on religious beliefs rather than foster children’s needs, does not serve the best interests of children and violates the government’s duty to foster youth. Such an exemption needlessly restricts the pool of prospective foster parents, increasing the risk of a greater number of children being confined to long-term, institutional care. The reduction of same-sex foster parents would also have a disproportionate impact on “special needs” and LGBT …
First Comes Marriage, Then Comes Baby, Then Comes What Exactly?, Erez Aloni
First Comes Marriage, Then Comes Baby, Then Comes What Exactly?, Erez Aloni
All Faculty Publications
Taiwan’s legalization of same-sex marriage is an event of international importance concerning the rights of LGBTQ+ individuals and partners; further, it constitutes an opportunity to examine the state of LGBTQ+ equality in Taiwan and elsewhere. To this end, through theoretical and comparative lenses, this Article asks what equality for LGBTQ+ means and what comes after marriage. It offers perspectives on the past, present, and future of the intersection of same-sex marriage and equality. Looking at the path to same-sex marriage in Taiwan, the Article argues that the Taiwanese Constitutional Court’s ruling legalizing same-sex marriage maintained a line between domesticated liberty …