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Articles 1 - 30 of 385
Full-Text Articles in Law
In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner
In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner
Catholic University Law Review
In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to …
Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline
Revitalizing The Ban On Conversion Therapy: An Affirmation Of The Constitutionality Of Conversion Therapy Bans, Logan Kline
University of Cincinnati Law Review
No abstract provided.
Current Complications In The Law On Myths And Stereotypes, Lisa Dufraimont
Current Complications In The Law On Myths And Stereotypes, Lisa Dufraimont
Articles & Book Chapters
Myths and stereotypes represent an ongoing problem in Canadian sexual assault trials. Often, and paradigmatically, defence lawyers and trial judges rely on discredited sexist assumptions to the prejudice of female sexual assault complainants. However, a review of the recent appellate case law reveals many cases that do not fit this paradigm. Complications that have arisen include stereotypes about men or accused persons, legitimate defence arguments misidentified as stereotypes, close cases where reasonable people disagree about whether stereotypes have been invoked, and prejudicial forms of reasoning based other axes of discrimination. This paper surveys these developments and assesses an attempt by …
The Haunting Of Her House: How Virginia Law Punishes Women Who Become Mothers Through Rape, Jordan S. Miceli
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 …
Classrooms Into Courtrooms, Naomi M. Mann
Classrooms Into Courtrooms, Naomi M. Mann
Faculty Scholarship
The federal Department of Education’s (DOE) 2020 Title IX Rule fundamentally transformed the relationship between postsecondary schools (schools) and students. While courts have long warned against turning classrooms into courtrooms, the 2020 Rule nonetheless imposed a mandatory quasi-criminal courtroom procedure for Title IX sexual harassment investigatory proceedings in schools. This transformation is a reflection of the larger trend of importing criminal law norms and due process protections into Title IX school proceedings. It is especially regressive at a time where calls for long-overdue criminal justice reform are reaching a boiling point across the nation. Its effects are especially troubling because …
Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi
Bostock Was Bogus: Textualism, Pluralism, And Title Vii, Mitchell N. Berman, Guha Krishnamurthi
Notre Dame Law Review
In Bostock v. Clayton County, one of the blockbuster cases from its 2019 Term, the Supreme Court held that federal antidiscrimination law prohibits employment discrimination on grounds of sexual orientation and gender identity. Unsurprisingly, the result won wide acclaim in the mainstream legal and popular media. Results aside, however, the reaction to Justice Neil Gorsuch’s majority opinion, which purported to ground the outcome in a textualist approach to statutory interpretation, was more mixed. The great majority of commentators, both liberal and conservative, praised Justice Gorsuch for what they deemed a careful and sophisticated—even “magnificent” and “exemplary”—application of textualist principles, …
Corporations Without Representation: The Constitutionality Of Gender Diversity Mandates, Talley Ransil
Corporations Without Representation: The Constitutionality Of Gender Diversity Mandates, Talley Ransil
Utah Law Review
Biases and structural barriers contribute to the glacial pace at which women are represented on corporate boards. Even though companies with at least one female board of director outperform companies with no female directors, women only held 20% of board of director positions in 2019. Companies nationwide would not reach gender equality in the boardroom for decades without legally enforceable gender diversity requirements. In response, California Senator Jackson proposed SB 826—requiring California-based publicly held corporations to include at least one woman on their board of directors. However, conservative legal organizations filed lawsuits claiming California’s gender diversity mandate violates the California …
Study Of The Underrepresentation Of Women And Women-Identifying Ip- Rights Holders, Company Founders And Senior Leadership: Final Report To Innovation Asset Collective, Myra Tawfik, Heather Pratt
Study Of The Underrepresentation Of Women And Women-Identifying Ip- Rights Holders, Company Founders And Senior Leadership: Final Report To Innovation Asset Collective, Myra Tawfik, Heather Pratt
Law Publications
In 2018 the Government of Canada (Industry, Science and Economic Development Canada) launched its National IP Strategy with a view to helping “Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property (IP)” 1 Among its many policy initiatives, it identified the underrepresentation of women and womenidentifying2 and Indigenous entrepreneurs in the IP system as areas of concern.3 Encouraging greater success for these and other excluded groups necessarily means facilitating greater participation in generating, protecting and strategically leveraging their IP. In 2020, the Innovation Asset Collective (IAC), which was established pursuant to the National IP Strategy, issued a …
Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Utah State Bar, Legislation/Civil Rights Clinic
Letter To Utah State Bar, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Virginia Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Virginia Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Wisconsin Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Wisconsin Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To New Hampshire Supreme Court, Office Of Bar Admissions, Legislation/Civil Rights Clinic
Letter To New Hampshire Supreme Court, Office Of Bar Admissions, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To New Mexico Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To New Mexico Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Bar Admissions Administrator, Commonwealth Of The Northern Mariana Islands Supreme Court, Legislation/Civil Rights Clinic
Letter To Bar Admissions Administrator, Commonwealth Of The Northern Mariana Islands Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Chief Appellate Clerk, Palau Supreme Court, Legislation/Civil Rights Clinic
Letter To Chief Appellate Clerk, Palau Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Board Of Bar Examiners, Commonwealth Of Puerto Rico Supreme Court, Legislation/Civil Rights Clinic
Letter To Board Of Bar Examiners, Commonwealth Of Puerto Rico Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Committee Of Bar Examiners, Supreme Court Of The Virgin Islands, Legislation/Civil Rights Clinic
Letter To Committee Of Bar Examiners, Supreme Court Of The Virgin Islands, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Washington State Bar Association, Legislation/Civil Rights Clinic
Letter To Washington State Bar Association, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Administrator For Attorney Services Division, Nebraska Supreme Court, Legislation/Civil Rights Clinic
Letter To Administrator For Attorney Services Division, Nebraska Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To The Board Of Law Examiners For The State Of North Carolina, Legislation/Civil Rights Clinic
Letter To The Board Of Law Examiners For The State Of North Carolina, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To New Jersey Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To New Jersey Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Board Of Bar Examiners, Supreme Court Of Ohio, Legislation/Civil Rights Clinic
Letter To Board Of Bar Examiners, Supreme Court Of Ohio, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Regulatory Counsel, Oregon State Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Regulatory Counsel, Oregon State Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Bar Administrator, Rhode Island Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Bar Administrator, Rhode Island Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Arkansas State Board Of Law Examiners, Legislation/Civil Rights Clinic
Letter To Arkansas State Board Of Law Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law
Integrating Doctrine And Diversity Speaker Series: Making Space, Taking Space 11-16-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Letter To Tennessee Board Of Law Examiners, Legislation/Civil Rights Clinic
Letter To Tennessee Board Of Law Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.