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Co-Creating A Legal Check-Up In A School-Based Health Center Serving Low-Income Adolescents, Lisa Kessler, Yael Cannon, Nicole Tuchinda, Ana Caskin, Christina Balz Ndjatou, Vicki W. Girard, Deborah F. Perry Jul 2021

Co-Creating A Legal Check-Up In A School-Based Health Center Serving Low-Income Adolescents, Lisa Kessler, Yael Cannon, Nicole Tuchinda, Ana Caskin, Christina Balz Ndjatou, Vicki W. Girard, Deborah F. Perry

Georgetown Law Faculty Publications and Other Works

The Problem: Marginalized populations experience health-harming legal needs—barriers to good health that require legal advocacy to overcome. Medical–legal partnerships (MLPs) embed lawyers into the healthcare team to resolve these issues, but identifying patients with health-harming legal needs is complex, and screening practices vary across MLPs.

Purpose of Article: Academic and community partners who collaborate in an MLP at a school-based health center (SBHC) share their process of co-creating a two-stage legal check-up for adolescents.

Key Points: Screening adolescents for health-harming legal needs is challenging. It took ongoing collaboration to refine the process to fit the needs of adolescents ...


In Search Of Equality For Women: From Suffrage To Civil Rights, Nan D. Hunter Jan 2021

In Search Of Equality For Women: From Suffrage To Civil Rights, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This article analyzes women’s rights advocacy and its impact on the meanings of gender equality during the period from the achievement of suffrage in 1920 until the 1964 Civil Rights Act. It teaches that one cannot separate the conceptualization of equality or the jurisprudential philosophy underlying it from the dynamics and characteristics of the social movements that actively give it life. Social movements identify the institutions and practices that will be challenged, decisions that in turn determine which doctrinal issues will provide the raw material for jurisgenerative change. Without understanding a movement’s strategy and opportunities for action, one ...


Access To Justice In Furtherance Of Health, Yael Cannon Jul 2020

Access To Justice In Furtherance Of Health, Yael Cannon

Georgetown Law Faculty Publications and Other Works

The health justice framework envisions the leveraging of law and policy to advance racial and socioeconomic health equity. Health justice scholars have examined structures in need of legislative and policy reforms, both within healthcare and with regards to the social determinants of health. My article argues that access to justice is an under-examined and critical component of health justice.

This country is plagued by a massive civil "justice gap," documented extensively by the American Bar Association and just recently in a report by the American Academy of Arts and Sciences, through which individuals marginalized by virtue of race and socioeconomic ...


Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams Jun 2020

Maximizing #Metoo: Intersectionality And The Movement, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Although women of color experience high rates of harassment and assault, the #MeToo movement has largely left them on the margins in terms of (1) the online conversation, (2) the traditional social movement activity occurring offline, and (3) the consequential legal activity. This Article analyzes how race shapes experiences of harassment and how seemingly positive legal strides continue to fail women of color thirty years beyond Kimberlé Crenshaw’s initial framing of intersectionality theory. I discuss the weaknesses of the reform efforts and argue for more tailored strategies that take into account the ineffectiveness of our current Title VII framework ...


Reconstructing Liberty, Equality, And Marriage: The Missing Nineteenth Amendment Argument, Nan D. Hunter Jun 2020

Reconstructing Liberty, Equality, And Marriage: The Missing Nineteenth Amendment Argument, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The social movement that led to adoption of the Nineteenth Amendment sought not only women’s right to vote but also the end to a system of marriage law based on coverture. Under coverture, married women were deprived of property and contract rights and were de jure subservient to their husbands. Coverture also provided the predicate for denial of the vote. The model voter was the independent yeoman or worker able to express his own interests in a democratic system. Women were thought to be properly confined to the domestic sphere and dependent on their husbands, who were presumed to ...


Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein Jan 2020

Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

For decades, federal and state laws have prohibited sexual harassment on the job; despite this fact, extraordinarily high rates of gender-based workplace harassment still permeate virtually every sector of the American workforce. Public awareness of the seriousness and scope of the problem increased astronomically in the wake of the #MeToo movement, as women began to publicly share countless stories of harassment and abuse. In 2015, the Equal Employment Opportunity Commission’s Task Force on the Study of Harassment in the Workplace published an important study analyzing a wide range of factors contributing to this phenomenon. But the study devotes only ...


The New Principle-Practice Gap: The Disconnect Between Diversity Beliefs And Actions In The Workplace, Jamillah Bowman Williams, Jonathan Cox Jan 2020

The New Principle-Practice Gap: The Disconnect Between Diversity Beliefs And Actions In The Workplace, Jamillah Bowman Williams, Jonathan Cox

Georgetown Law Faculty Publications and Other Works

Following increased calls for racial justice, many organizations have pledged to play their part in dismantling systemic racism. One common step leaders take is to invest in diversity and inclusion programs. Yet, despite organizations’ bold claims to value diversity and the investment of billions of dollars on related efforts, workplace discrimination continues to be a major factor in the lives of people of color. Additionally, existing research highlights a principle-policy gap, wherein people--particularly White Americans--espouse support for the principles of diversity, yet their support wanes for policies that address inequalities. In this survey study, we explore attitudes about organizational diversity ...


Gender Inequity Throughout The Legal Academy: A Quick Look At The (Surprisingly Limited) Data, Kristen K. Tiscione Oct 2019

Gender Inequity Throughout The Legal Academy: A Quick Look At The (Surprisingly Limited) Data, Kristen K. Tiscione

Georgetown Law Faculty Publications and Other Works

The long-standing overrepresentation of female law faculty in skills teaching and service-oriented positions is well documented. In contrast, the historical underrepresentation of female law faculty in top dean and tenured or tenure-track teaching positions has been widely recognized but difficult to quantify. The American Bar Association has a link in the statistics archives of its website to a chart from Fall 2013 on the gender, ethnicity, and status of law faculty. The Association of American Law Schools (AALS) links to the same chart on its website. This chart replaced a similar chart covering 2008 to 2009 that the ABA has ...


#Metoo As Catalyst: A Glimpse Into 21st Century Activism, Jamillah Bowman Williams, Lisa O. Singh, Naomi Mezey Jan 2019

#Metoo As Catalyst: A Glimpse Into 21st Century Activism, Jamillah Bowman Williams, Lisa O. Singh, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This online phenomenon, which has largely involved posting on Twitter and “retweeting” to share other’s posts has revealed crucial information about the scope and nature of sexual harassment and misconduct. More specifically, social media has served as a central forum for this unprecedented global conversation, where previously silenced voices have been amplified, supporters around the world have been united, and resistance has gained steam.

This Essay discusses the #MeToo movement ...


Accountability As A Debiasing Strategy: Testing The Effect Of Racial Diversity In Employment Committees, Jamillah Bowman Williams May 2018

Accountability As A Debiasing Strategy: Testing The Effect Of Racial Diversity In Employment Committees, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Congress passed Title VII of the Civil Rights Act of 1964 with the primary goal of integrating the workforce and eliminating arbitrary bias against minorities and other groups who had been historically excluded. Yet substantial research reveals that racial bias persists and continues to limit opportunities and outcomes for racial minorities in the workplace. Because these denials of opportunity result from myriad individual hiring and promotion decisions made by vast numbers of managers, finding effective strategies to reduce the impact of bias has proven challenging. Some have proposed that a sense of accountability, or “the implicit or explicit expectation that ...


Breaking Down Bias: Legal Mandates Vs. Corporate Interests, Jamillah Bowman Williams Jan 2017

Breaking Down Bias: Legal Mandates Vs. Corporate Interests, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Bias and discrimination continue to limit opportunities and outcomes for racial minorities in American institutions in the twenty-first century. The diversity rationale, touting the broad benefits of inclusion, has become widely accepted by corporate employers, courts, and universities. At the same time, many view a focus on antidiscrimination law and the threat of legal enforcement as outmoded and ineffective. Thus, many organizations talk less in terms of the mandates of laws such as the 1964 Civil Rights Act, or a “legal case,” and more in terms of a “business case” where benefits of inclusion seem to accrue to everyone. It ...


Confronting The Carceral State, Allegra M. Mcleod Jan 2016

Confronting The Carceral State, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Those Awful Tahrir Rapes, Lama Abu-Odeh Jul 2015

Those Awful Tahrir Rapes, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This essay highlights the myriad ways in which street sexual harassment of women in Egypt, of which I argue the mass rapes of Tahrir are an egregious instance thereof, disciplines women's bodies. It describes briefly and dismisses the frameworks for understanding those practices proposed by the left, the right and the government. I also describe the role that law, in conjunction with its lax enforcement, plays in intensifying this regulation.

The essay uses purposefully the fighting radical feminist pronoun "we" to describe the predicament. I "am" an Egyptian women. I consider myself an ally in their attempt to understand ...


"Seg Academies," Taxes, And Judge Ginsburg, Stephen B. Cohen Jan 2015

"Seg Academies," Taxes, And Judge Ginsburg, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

This essay recounts the historical, political, and legal context in which Judge Ginsburg’s ruling in the Wright case arose. This context explains the importance of her decision to the battle against segregated education and highlights as well the repeated efforts of powerful political forces, including the Reagan administration and congressional conservatives, to cripple efforts to prohibit racially discriminatory private schools from receiving federal subsidies through the tax system. This essay also aims to highlight Wright’s place in the modern doctrine of educational discrimination.


Freedom Of The Church And Our Endangered Civil Rights: Exiting The Social Contract, Robin West Jan 2015

Freedom Of The Church And Our Endangered Civil Rights: Exiting The Social Contract, Robin West

Georgetown Law Faculty Publications and Other Works

In this comment I suggest that the “Freedom of the Church” to ignore the dictates of our various Civil Rights Acts, whether in the ministerial context or more broadly, created or at least newly discovered by the Court in Hosanna-Tabor, is a vivid example of a newly emerging and deeply troubling family of rights, which I have called elsewhere “exit rights” and which collectively constitute a new paradigm of both institutional and individual rights in constitutional law quite generally. The Church’s right to the ministerial exception might be understood as one of this new generation of rights, including some ...


Pluralism And Its Perils: Navigating The Tension Between Gay Rights And Religious Expression, Nan D. Hunter Jan 2015

Pluralism And Its Perils: Navigating The Tension Between Gay Rights And Religious Expression, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

The conflict between gay equality claims and religious liberty claims permeates debates over marriage equality and LGBT civil rights. Using as its centerpiece a decision that forced Georgetown University to provide benefits for a gay student organization, this article examines both the doctrinal underpinnings of how courts resolve the tension between gay rights and religion and the principles of pluralism that are at stake.

The Georgetown case is rightly understood as an exemplar of judicial minimalism. This article argues that the values of learning things undecided, while real, may be outweighed by lost opportunities for advancing principles that also foster ...


A Deer In Headlights: The Supreme Court, Lgbt Rights, And Equal Protection, Nan D. Hunter Jan 2015

A Deer In Headlights: The Supreme Court, Lgbt Rights, And Equal Protection, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this essay, I argue that the problems with how courts apply Equal Protection principles to classifications not already recognized as suspect reach beyond the most immediate example of sexual orientation. Three structural weaknesses drive the juridical reluctance to bring coherence to this body of law: two doctrinal and one theoretical. The first doctrinal problem is that the socio-political assumptions that the 1938 Supreme Court relied on in United States v. Carolene Products, Inc. to justify strict scrutiny for “discrete and insular minorities” have lost their validity. In part because of Roe v. Wade-induced PTSD, the courts have not ...


The Americans With Disabilities Act At 25: The Highest Expression Of American Values, Lawrence O. Gostin Jan 2015

The Americans With Disabilities Act At 25: The Highest Expression Of American Values, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Enacted in 1990, the Americans with Disabilities Act (ADA) is a watershed piece of legislation which enshrines in law a social promise of equality and inclusion into all facets of life, while offering an inspiring model that much of the world has come to embrace. This editorial launches JAMA’s theme issue on the 25th anniversary of the ADA by detailing the Act’s history, main provisions, and far-reaching impacts on health, providing a context for the three Original Investigations and six scholarly Viewpoints that make up the theme issue. The editorial begins with a discussion of the ADA’s ...


Good Faith Discrimination, Girardeau A. Spann Jan 2015

Good Faith Discrimination, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The Supreme Court's current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Court's racial jurisprudence stem from the Court's willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects ...


The Triumph Of Gay Marriage And The Failure Of Constitutional Law, Louis Michael Seidman Jan 2015

The Triumph Of Gay Marriage And The Failure Of Constitutional Law, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

The Supreme Court's much anticipated invalidation of gay marriage bans improved the personal lives of millions of ordinary Americans. It made the country a more decent place. Even Chief Justice Roberts, at the conclusion of his otherwise scathing dissent, acknowledged that the decision was a cause for many Americans to celebrate.

But although the Chief Justice thought that advocates of gay marriage should "by all means celebrate today's decision," he admonished them "not [to] celebrate the Constitution." The Constitution, he said, "had nothing to do with it".

Part I of this article quarrels with the Chief Justice's ...


Contracts Symposium Issue: Featured Speaker: The Right To Contract As A Civil Right, Robin West Jul 2014

Contracts Symposium Issue: Featured Speaker: The Right To Contract As A Civil Right, Robin West

Georgetown Law Faculty Publications and Other Works

The "right to contract," whether originating in the Constitution, common law, or natural law, has been long and widely felt to be in tension with our civil rights, broadly conceived. The individual himself, we generally believe, and only the individual, should decide the scope and terms of his affirmative, voluntary, and other-regarding undertakings. When he does so through contract, the individual and only the individual should determine the terms under which he will perform those duties. The civil rights laws of the nineteenth, twentieth, and early twenty-first centuries, and the various rights they create interfere with these natural freedoms.

So ...


Civil Rights 3.0, Nan D. Hunter Jan 2014

Civil Rights 3.0, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

It is now commonplace to hear the LGBT rights movement being described as the last, or the next, or today’s, pre-eminent civil rights issue. This chapter will explore what that means from several perspectives: What does the label tell us about the civil rights paradigm itself? If the achievement of marriage equality is the great civil rights achievement of this generation, what does that suggest about a future for equality more generally? How have new forms of, and technologies for, movement building affected the idea and practice of civil rights? Does the civil rights paradigm have a future? I ...


We The People: Each And Every One, Randy E. Barnett Jan 2014

We The People: Each And Every One, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In his book series, We the People, Bruce Ackerman offers a rich description of how constitutional law comes to be changed by social movements. He also makes some normative claims about “popular sovereignty,” “popular consent,” “higher law,” and “higher-lawmaking.” In this essay, I examine these claims and find them to be both highly under-theorized and deeply problematic. Ackerman’s own presentation of what he considers to be an informal process of constitutional amendment illustrates the importance of formality in protecting the rights retained by the people. And he assumes a collective conception of popular sovereignty without considering the serious normative ...


Toward A Jurisprudence Of The Civil Rights Acts, Robin West Jan 2014

Toward A Jurisprudence Of The Civil Rights Acts, Robin West

Georgetown Law Faculty Publications and Other Works

What is the nature of the “rights,” jurisprudentially, that the 1964 Civil Rights Act legally prescribed? And, more generally, what is a “civil right”? Today, lawyers tend to think of civil rights and particularly those that originated in the 1964 Act, as antidiscrimination rights: our “civil rights,” on this understanding, are our rights not to be discriminated against, by employers, schools, landlords, property vendors, hoteliers, restaurant owners, and providers of public transportation, no less than by states and state actors, on the basis of race, gender, ethnicity, age, sexuality or disability. Contemporary civil rights scholarship overwhelmingly reflects the same conception ...


A Tale Of Two Rights, Robin West Jan 2014

A Tale Of Two Rights, Robin West

Georgetown Law Faculty Publications and Other Works

In part I of this article the author identifies and criticizes a cluster of constitutional rights, which she argues does tremendous and generally unreckoned harm to civil society, and does so for reasons poorly articulated in earlier critiques. At the heart of the new paradigm of constitutional rights that the author believes these rights exemplify is a “right to exit.” On this conception of individual rights, a constitutional right is a right to “opt out” of some central public or civic project. This understanding of what it means to have a constitutional right hit the scene a good two decades ...


That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh Mar 2013

That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Massad’s thesis is simple, in fact, perfect in its simplicity. Empire is a terrible force that wants to penetrate, overpower and hegemonize. It has a center, a headquarters if you like, the West. It functions with two arms: capitalism (later neoliberal) and Euro-American hegemony. The first arm represents the objective drive of capital that transforms sites and cultures as it spreads the market in the shape of commodity exchange. It has become a universal system, Massad contends, though with varying effects on the center (West) from the periphery (rest). Whereas its march on the former has been totally transformative ...


The Incoherence Of Marital Benefits, Robin West Jan 2013

The Incoherence Of Marital Benefits, Robin West

Georgetown Law Faculty Publications and Other Works

En route to finding the Defense of Marriage Act (DOMA) an unconstitutional violation of the Fifth Amendment's Equal Protection Clause, the Second Circuit Court of Appeals in Windsor v. United States gave short shrift to one of Congress's primary arguments in defense of the Act: that the federal government has a compelling interest in limiting federal marriage benefits to opposite-sex couples because traditional marriage has the laudable purpose-or function-of channeling the heterosexual sex that creates children into a way of life that provides the optimal environment for the rearing of those children. In other words, DOMA aims to ...


Reflections On Sexual Liberty And Equality: "Through Seneca Falls And Selma And Stonewall", Nan D. Hunter Jan 2013

Reflections On Sexual Liberty And Equality: "Through Seneca Falls And Selma And Stonewall", Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

This Essay uses the opportunity to examine Roe v. Wade forty years after it was decided and Lawrence v. Texas ten years after it was decided as a platform from which to analyze the status of the civil rights paradigm in American law. A comparison of the two decisions illustrates an important and new point about how civil rights law is deployed to achieve very different goals.


Black Male Exceptionalism? The Problems And Potential Of Black Male-Focused Interventions, Paul D. Butler Jan 2013

Black Male Exceptionalism? The Problems And Potential Of Black Male-Focused Interventions, Paul D. Butler

Georgetown Law Faculty Publications and Other Works

“Black male exceptionalism” is the premise that African American men fare more poorly than any other group in the United States. The discourse of Black male exceptionalism presents African American men as an “endangered species.” Some government agencies, foundations, and activists have responded by creating “Black male achievement” programs. There are almost no corresponding “Black female achievement” programs. Yet empirical data does not support the claim that Black males are burdened more than Black females. Without attention to intersectionality, Black male achievement programs risk obscuring Black females and advancing patriarchal values. Black male achievement programs also risk reinforcing stereotypes that ...


Civil Rights For The Twenty-First Century: Lessons From Justice Thurgood Marshall's Race-Transcending Jurisprudence, Sheryll Cashin Jan 2013

Civil Rights For The Twenty-First Century: Lessons From Justice Thurgood Marshall's Race-Transcending Jurisprudence, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

This Essay pays tribute to justice Thurgood Marshall's race-transcending vision of universal human dignity, and explores the importance of building cross-racial alliances to modern civil rights advocacy. justice Marshall's role as a "Race Man" is evident in much of his jurisprudence, where he fought for years to promote equal opportunity and equal justice. As an advocate for all marginalized people, justice Marshall viewed equal justice as transcending race, and this Essay suggests that the multi-racial coalition that supported President Obama aligns with Marshall's vision. The Essay evaluates the civil rights movement through the lens of Justice Marshall ...