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Articles 1 - 30 of 31
Full-Text Articles in Law
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Missouri Birth Certificate Statute: How It Strips Transgender Service Members Of Fundamental Rights And Hinders Their Ability To Serve Openly In The U.S. Military, Taylor Blevins
Mitchell Hamline Law Review
No abstract provided.
American Motherhood - A Taking, Nicole Knight
American Motherhood - A Taking, Nicole Knight
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Women, Motherhood, And The Quest For Easier Entry Into Campaigns For Elected Office, Harold Melcher
Women, Motherhood, And The Quest For Easier Entry Into Campaigns For Elected Office, Harold Melcher
Mitchell Hamline Law Review
No abstract provided.
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
And What Of The “Black” In Black Letter Law?: A Blaqueer Reflection, T. Anansi Wilson
Faculty Scholarship
This is a reflective, analytical essay remarking on the role that Blackness has and continues to play in the construction, understanding and application of "black letter law." This essay is written from a Black and BlaQueer perspective and displays how a shift in standpoint--moving from the invisible, standard white "reasonable person"--underscores and illuminates the current legal and sociopolitical crisis we find ourselves in. It is continuation of the discussion began in my earlier articles "Furtive Blackness: On Blackness & Being," "The Strict Scrutiny of Black and BlaQueer Life" and the working paper "Sexual Profiling & BlaQueer Furtivity: BlaQueers On The …
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 …
Implications Of The Ban On Open Service By Transgender Individuals In The United States Military, Louie Swanson
Implications Of The Ban On Open Service By Transgender Individuals In The United States Military, Louie Swanson
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Achieving Diversity On Corporate Boards: Engagement And Education; Not Legislation, Leanne Fuith
Achieving Diversity On Corporate Boards: Engagement And Education; Not Legislation, Leanne Fuith
Mitchell Hamline Law Review
No abstract provided.
Oyez, Oyez: An Inside Look At Romer V. Evans, Mary A. Celeste
Oyez, Oyez: An Inside Look At Romer V. Evans, Mary A. Celeste
William Mitchell Law Review
No abstract provided.
Reflections On The 20th Anniversary Of The 1995 Hcba Report, Jerry Burg, Joni M. Thome
Reflections On The 20th Anniversary Of The 1995 Hcba Report, Jerry Burg, Joni M. Thome
William Mitchell Law Review
No abstract provided.
Minnesota (Trans)Gender Markers: State Statutes And Policies On Amending Identity Documents, Jenna Johnson
Minnesota (Trans)Gender Markers: State Statutes And Policies On Amending Identity Documents, Jenna Johnson
William Mitchell Law Review
No abstract provided.
We Hear You Knocking: An Essay On Welcoming "Trans" Lawyers, Ellen Ellie Krug
We Hear You Knocking: An Essay On Welcoming "Trans" Lawyers, Ellen Ellie Krug
William Mitchell Law Review
No abstract provided.
20th Anniversary Reprint Of The 1995 Hcba Report: Legal Employers' Barriers To Advancement And To Economic Equality Based Upon Sexual Orientation, Thomas H. Garrett Iii
20th Anniversary Reprint Of The 1995 Hcba Report: Legal Employers' Barriers To Advancement And To Economic Equality Based Upon Sexual Orientation, Thomas H. Garrett Iii
William Mitchell Law Review
No abstract provided.
Blueprint For Respect: Creating An Affirming Environment In The Courts For The Lesbian, Gay, Bisexual, And Transgender Communites , Paula J. Hepner
Blueprint For Respect: Creating An Affirming Environment In The Courts For The Lesbian, Gay, Bisexual, And Transgender Communites , Paula J. Hepner
William Mitchell Law Review
No abstract provided.
Prevention Is Possible: Aligning Priorities To End Sexual Violence, Donna Dunn
Prevention Is Possible: Aligning Priorities To End Sexual Violence, Donna Dunn
William Mitchell Law Review
No abstract provided.
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer
A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer
Faculty Scholarship
Should the law prevent all parents and guardians from requesting and consenting to cosmetic genital surgeries on children with certain intersex conditions before the children are mature enough to decide the matter for themselves? While such surgeries ought not to be encouraged, banning the surgeries altogether, as some advocate, would hobble, if not eliminate, the burgeoning scientific investigation of the best treatment practices for different intersex conditions. It would also remove a surgical option that, according to data in a number of studies, has resulted in subjectively satisfactory outcomes for many patients.
Progressive Minnesota? A Perspective On Women's Issues In The Legislature, Aviva Breen
Progressive Minnesota? A Perspective On Women's Issues In The Legislature, Aviva Breen
William Mitchell Law Review
No abstract provided.
Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger
Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie Failinger
Faculty Scholarship
The steep rise in female offenders since the 1960s has finally caused criminologists, lawyers, judges, and others to consider why they have not learned more about women offenders’ lives, in order to better understand and explain why they enter, and how they proceed through the criminal system. This article focuses on the reality that women’s relationality, and particularly their relationships with men in their lives, profoundly affect the behavior that lands them in the criminal justice system. This article argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender as an interacting …
Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose
Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose
Faculty Scholarship
The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …
Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright
Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright
William Mitchell Law Review
This keynote speech was delivered at the Lena O. Smith Luncheon on May 7, 2004. Lena O. Smith was the first African-American woman to practice law in Minnesota. In 1921, she graduated from Northwestern College of Law, a predecessor of William Mitchell College of Law. See generally Ann Juergens, Lena Olive Smith: A Minnesota Civil Rights Pioneer, 28 Wm. Mitchell L. Rev. 397 (2001).
Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy
Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy
Faculty Scholarship
This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
Faculty Scholarship
Minnesota’s sex offender commitment scheme is not just a bad idea; it likely has bad consequences. It is a huge and disproportionate sink for resources that ight be put to more effective use in the fight against sexual violence. Worse, its demand for resources will continue to grow, thus predetermining to a large extent how prevention and treatment dollars are spent. It is very possible that a more rational allocation of these resources would actually prevent more violence than the allocation that is automatically produced by the sex offender commitment scheme. At the very least, the fight against sexual violence …
The Healing Presence Of Clients In Law School, Angela Mccaffrey
The Healing Presence Of Clients In Law School, Angela Mccaffrey
William Mitchell Law Review
William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …
In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr
In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr
William Mitchell Law Review
[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
Faculty Scholarship
Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Faculty Scholarship
Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton
Faculty Scholarship
This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …