Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Oklahoma College of Law (10)
- University of Richmond (10)
- American University Washington College of Law (4)
- Brigham Young University Law School (4)
- Seattle University School of Law (4)
-
- Fordham Law School (3)
- Maurer School of Law: Indiana University (3)
- University of Maryland Francis King Carey School of Law (3)
- William & Mary Law School (3)
- Cleveland State University (2)
- St. Mary's University (2)
- University of Rhode Island (2)
- University of the District of Columbia School of Law (2)
- Barry University School of Law (1)
- Brigham Young University (1)
- Brooklyn Law School (1)
- Golden Gate University School of Law (1)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Keyword
-
- Discrimination (5)
- LGBTQ (5)
- Prostitution (4)
- Title VII (4)
- Transgender (4)
-
- Civil Rights (3)
- Civil Rights Act (3)
- Sex Discrimination (3)
- Sexual Assault (3)
- Civil rights (2)
- Court (2)
- First Amendment (2)
- Internet (2)
- Legislation (2)
- Movement (2)
- Nordic model (2)
- Pornography (2)
- Sex trafficking (2)
- Sex work (2)
- Sex workers (2)
- Sexual Orientation (2)
- Sexual exploitation (2)
- Title IX (2)
- Websites (2)
- #MeToo (1)
- Abuse (1)
- Abused (1)
- Adjudication (1)
- Adoption discrimination (1)
- Aggravated human trafficking (1)
- Publication
-
- Oklahoma Law Review (10)
- University of Richmond Law Review (10)
- American University Journal of Gender, Social Policy & the Law (4)
- BYU Law Review (4)
- Seattle University Law Review (4)
-
- Cleveland State Law Review (2)
- Dignity: A Journal of Analysis of Exploitation and Violence (2)
- Fordham Law Review Online (2)
- Indiana Journal of Law and Social Equality (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- University of Maryland Law Journal of Race, Religion, Gender and Class (2)
- University of the District of Columbia Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- Barry Law Review (1)
- Brigham Young University Prelaw Review (1)
- Brooklyn Law Review (1)
- Catholic University Law Review (1)
- Dalhousie Law Journal (1)
- Dickinson Law Review (2017-Present) (1)
- Fordham Law Review (1)
- Golden Gate University Environmental Law Journal (1)
- Indiana Law Journal (1)
- Marquette Law Review (1)
- Maryland Law Review (1)
- Michigan Journal of Gender & Law (1)
- Nevada Law Journal (1)
- Northwestern University Law Review (1)
- Osgoode Hall Law Journal (1)
- Pace Intellectual Property, Sports & Entertainment Law Forum (1)
- Pepperdine Law Review (1)
Articles 1 - 30 of 71
Full-Text Articles in Law
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Brooklyn Law Review
This article argues that not all violence in intimate relationships is “domestic violence.” Domestic violence is a pattern of acts perpetrated with a motive: power and control over another. National anti-domestic violence organizations, activists and advocates, and a number of academics agree on this construct of domestic violence. Law, on the other hand, requires neither a pattern nor a motive; it defines domestic violence to include any single act of violence in a relationship, regardless of the perpetrator’s intent. Because legal intervention is the primary intervention for domestic violence today, feminist legal scholars have sought to reform the law to …
"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik
"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik
Dignity: A Journal of Analysis of Exploitation and Violence
This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …
In Defense Of Immutability, Nicholas Serafin
In Defense Of Immutability, Nicholas Serafin
BYU Law Review
Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.
A rejection of the immutability …
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath
BYU Law Review
No abstract provided.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.
BYU Law Review
No abstract provided.
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman
BYU Law Review
No abstract provided.
Taking Conflicting Rights Seriously, Netta Barak-Corren
Taking Conflicting Rights Seriously, Netta Barak-Corren
Villanova Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A (Cruel And) Unusual Decision: Questions Raised For The Fifth Circuit Moving Forward From Gibson V. Collier, J. Gregory Cloward
A (Cruel And) Unusual Decision: Questions Raised For The Fifth Circuit Moving Forward From Gibson V. Collier, J. Gregory Cloward
Nevada Law Journal
No abstract provided.
Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe
Novel Perspectives On Due Process Symposium: Punishment Without Process: “Victim Impact” Proceedings For Dead Defendants, Bruce A. Green, Rebecca Roiphe
Fordham Law Review Online
When women accuse powerful men of sexual assault, there is increasing public pressure to resolve any doubts in the accusers’ favor before the criminal process is over, if not from the outset. Private individuals and institutions often do so without worrying about due process, but it is different for the trial court, where the presumption of innocence is supposed to apply. This is especially true where public shaming and the accompanying reputational consequences already constitute a kind of punishment. Although they may be sympathetic to accusers, especially those whose cause is championed by a strong and popular social movement, courts …
Novel Perspectives On Due Process Symposium: Do The Proposed Title Ix Regulations Protect Or Undermine Due Process?, Michelle J. Anderson
Novel Perspectives On Due Process Symposium: Do The Proposed Title Ix Regulations Protect Or Undermine Due Process?, Michelle J. Anderson
Fordham Law Review Online
Due process for those accused of sexual misconduct on college campuses has arisen as an area of increased concern. Many scholars focus on whether the (usually) male students accused of sexual assault and harassment get a fair shake in the quasi-judicial disciplinary proceedings mandated by Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions.
Hostile Environments: Public Health And Environmental Impacts Of The Trump Administration’S Attempted Reversal Of Sex Stereotyping As Sex Based Discrimination, Jude Diebold
Golden Gate University Environmental Law Journal
In 2013, Aimee Stephens, an employee of six years at R.G & G.R. Harris Funeral Homes, informed her employer she is transgender, and would begin living as a woman full time. The employer disbelieved Stephens’ gender identity; they viewed Stephens as male, and in violation of their sex specific dress code for men, which requires men to wear button downs and ties, and women to wear skirts and heels. Two weeks after informing her employer of her true gender identity, Harris Funeral Homes fired Stephens, stating that her refusal to abide by the sex specific dress code as a “biological …
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard
William & Mary Journal of Race, Gender, and Social Justice
Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …
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
Pace Intellectual Property, Sports & Entertainment Law Forum
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 …
Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy
Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet
Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet
Michigan Journal of Gender & Law
Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance—for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school—an institution conceived primarily …
Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy
Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which provide a judicial …
Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos
Zarda And Sexual Orientation Expression: A New High For Title Vii Interpretation, Nico Ramos
Catholic University Law Review
Under current federal law, a majority of jurisdictions decline to extend Title VII protections based on sexual orientation; however, a growing number of circuits have reversed precedent and held that Title VII prohibits discrimination sexual orientation discrimination. The Second Circuit’s en banc decision in Zarda v. Altitude Express reached the conclusion that sexual orientation discrimination is as a cognizable claim under Title VII because in order to discriminate against a person sexual orientation, you naturally first have to take their gender into account. The Supreme Court granted certiorari and has now heard oral arguments.
Part I of this note provides …
Revisiting The “Private Use Exception” To Canada’S Child Pornography Laws: Teenage Sexting, Sex-Positivity, Pleasure, And Control In The Digital Age, Lara Karaian, Dillon Brady
Revisiting The “Private Use Exception” To Canada’S Child Pornography Laws: Teenage Sexting, Sex-Positivity, Pleasure, And Control In The Digital Age, Lara Karaian, Dillon Brady
Osgoode Hall Law Journal
In R v Sharpe, the Supreme Court of Canada read in a “private use exception” to the offence of possessing child pornography. The Court reasoned that youths’ self-created expressive material and private recordings of lawful sexual activity—created by, or depicting the accused and held by the accused exclusively for private use—would pose little or no risk to children and may in fact be of significance to adolescent self-fulfillment, self-actualization, sexual exploration, and identity. Fundamental changes in the technological, social, sexual, and legal landscape since Sharpe have resulted in a lack of clarity regarding the exception’s scope. Federal and provincial police …
Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball
Gender-Stereotyping Theory, Freedom Of Expression, And Identity, Carlos A. Ball
William & Mary Bill of Rights Journal
This Article argues that the expressive components of gender-stereotyping theory serve to delink the equality protections afforded by that theory from fixed and predetermined identity categories in helpful and positive ways. Many have viewed American antidiscrimination law as being normatively grounded in the notion that there are certain identities that, because of their stable and immutable characteristics, deserve equality-based protections. Gender-stereotyping theory can help make the normative case for a more pluralistic understanding of equality, one that is grounded in the need to protect the fluid and multiple ways in which gender is performed or expressed rather than focusing, as …
Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges
University of Richmond Law Review
Finally, this Article concludes by analyzing different potential methods for trying to balance religious liberty claims with antidiscrimination concerns, and thus Establishment Clause concerns, in public employment. This Article argues for a combination of relevant tests that balances the magnitude and likelihood of third party harm, substantiality of burden to religious liberty, and availability or prevalence of secular accommodations. This test provides room for factual inquiry and context-specific value judgments, while still allowing a workable framework, the results of which are sufficiently predictable that employers and employees are not left to wonder about the boundaries by which their relationship should …
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
A Textuary Ray Of Hope For Lgbtq+ Workers: Does Title Vii Mean What It Says?, Eduardo Juarez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Masterpiece Cakeshop'S Homiletics, Marc Spindelman
Masterpiece Cakeshop'S Homiletics, Marc Spindelman
Cleveland State Law Review
Viewed closely and comprehensively, Masterpiece Cakeshop, far from simply being the narrow, shallow, and modest decision many have taken it to be, is a rich, multi-faceted decision that cleaves and binds the parties to the case, carefully managing conflictual crisis. Through a ruling for a faithful custom-wedding-cake baker against a state whose legal processes are held to have been marred by anti-religious bias, the Court unfolds a cross-cutting array of constitutional wins and losses for cultural conservatives and traditional moralists, on the one hand, and for lesbians and gay men and their supporters committed to civil and equal rights, …
Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis
Facing The Future With Fosta: Examining The Allow States And Victims To Fight Online Sex Trafficking Act Of 2017, Caitlyn Burnitis
University of Miami Race & Social Justice Law Review
On April 11, 2018, President Trump signed the Stop Enabling Sex Trafficking Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) package into effect. This law amends Section 230 of the Communications and Decency Act that provides safe harbors for website hosts. Under the amended law, these safe harbor laws that provide websites civil liability immunity for the actions of their users would now exclude enforcement of federal and state sex trafficking laws. While many praised the passage of this law, many others raised concerns about its effect on free speech, prosecution, and sex workers. …
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Brigham Young University Prelaw Review
In June of 2008, Jeffrey Epstein plead guilty in a Florida court on
two counts of felony prostitution for nonconsensual sex acts against
two girls under eighteen. Evidence showed, however, that the true
scope of his crime encompassed dozens of underage girls. He
was sentenced to eighteen months in jail but ended up only serving
thirteen. Because of the terms of his prison sentence, Epstein
was allowed to leave the jail during the day for work release.
Identity: Obstacles And Openings, Osamudia R. James
Identity: Obstacles And Openings, Osamudia R. James
SMU Law Review Forum
Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.
Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise
Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise
University of the District of Columbia Law Review
This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (“ABA”).1 With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse backgrounds, with a primary focus on lawyers who identify as having health conditions, impairments, and disabilities, and on lawyers who identify as lesbian, gay, bisexual, transgender, queer, or as having other sexual orientations and gender identities (“LGBTQ+” as an overarching term). Importantly, the investigation also considered the intersectional nature of these …
Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry
Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry
University of the District of Columbia Law Review
Despite the growing visibility and acceptance of transgender people, discrimination against them persists.1 Transgender people are routinely denied identity documents that accurately reflect their sex.2 They are excluded from service in the U.S. military and from the protections of state civil rights laws.3 They are fired from their jobs, evicted from their homes, turned away from homeless shelters, denied custody of their children, harassed by law enforcement, and deprived of access to appropriate single-sex services in schools, prisons, and immigration detention centers—because they are transgender.4