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Full-Text Articles in Law
Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer L. Levi
Clothes Don't Make The Man (Or Woman), But Gender Identity Might, Jennifer L. Levi
Faculty Scholarship
The Ninth Circuit's recent decision in Jespersen v. Harrah's Operating Co., Inc. reflects the blinders on many contemporary courts regarding the impact of sex-differentiated dress requirements on female employees. Although some courts have acknowledged the impermissibility of imposing sexually exploitive dress requirements, they have done so only at the extreme outer limits, ignoring the concrete harms experienced by women (and men) who are forced to conform to externally imposed gender norms. On the other hand, some transgender litigants have recently succeeded in challenging sex-differentiated dress requirements. This success is due in part to their incorporation of disability claims based on …
A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
Faculty Scholarship
Drawing on narrative, post-colonial, clinical and other critical theory, this article explores the role and necessity of critical reflection by lawyers in the construction of clients' stories in representation. In particular, the piece is framed by the experiences of transgender clients and their student attorneys. The piece begins by examining the "problem of representation" - the challenge of seeing and hearing clients' stories, particularly when those stories do not fit in to our understanding of how the world works. It moves on to describe first the "official stories" that govern how the legal system treats transgender people and second how …
The Necessity Of Sex Change: A Struggle For Intersex And Transsex Liberties, Noa Ben-Asher
The Necessity Of Sex Change: A Struggle For Intersex And Transsex Liberties, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article is composed of four Parts. The first Part explores two legal struggles for intersex and transsex goals. The main litigation propositions and structures of the two movements are contrasted, especially the meanings that the two movements offer for the terms “medical necessity,” “cosmetic surgery,” and “medical experimentation.” While Part I takes a critical approach to some of the strategies discussed, the main purpose is to describe the mirroring aspects of the two advocacy movements. The second Part locates these contemporary legal narratives regarding sex change in the broader history of sex change in the twentieth-century United States, emphasizing …