Law Commons^™

Criminalizing Asylum: Dna Testing Asylum Seekers Violates Privacy Rights, Scarlett L. Montenegro

American University Journal of Gender, Social Policy & the Law

Introduction.

On June 16, 2015, President Trump announced his 2016 presidential campaign and claimed that Mexicans are criminals who “[h]ave lots of problems . . . they’re bringing drugs. They’re bringing crime. They’re rapists . . . It’s coming from all over . . . Latin America.” President Trump has publicly expressed his hostility towards immigrants by calling them “animals” and blaming them for drugs and gangs in the United States. While in office, President Trump tweeted that immigrants were invading the United States and suggested that “we must immediately, with no Judges or Court Cases, bring them back from …

The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny

American University Journal of Gender, Social Policy & the Law

Introduction.

The #MeToo movement is one of the most far-reaching social media movements in history and its impact can still be felt years later. As the hashtag in the name suggests, the #MeToo movement gained the bulk of its momentum on Twitter but the movement’s actual origins began on MySpace in 2006. Tarana Burke, a long-time activist, founded the nonprofit organization Just Be Inc., which serves survivors of sexual assault and harassment. Burke came up with the concept of “me too” in 1997 when she was counseling a 13-year-old survivor of sexual abuse at a youth camp. Burke states that …

The Future (Public Company Boardroom) Is Female: From California Sb 826 To A Gender Diversity Listing Standard, Sunitha Malepati

American University Journal of Gender, Social Policy & the Law

Introduction

The issue of board diversity has received an unusual amount of attention in recent years as corporations face an increasing amount of pressure to add more women to their boards. In 2017, State Street Corporation, the world’s third-largest asset manager, made headlines when it announced its board gender diversity campaign by placing a statue of the Fearless Girl staring down the Charging Bull of Wall Street in New York City’s Financial District. At the beginning of 2020, Goldman Sachs announced that it would require companies it helps take public to have at least one diverse board member, with a …

Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani

American University Journal of Gender, Social Policy & the Law

During the 1980s, anti-pornography ideologues—an unlikely alliance of feminist activists and right-wing evangelical Christians—waged an open war against pornography and the anti-censorship feminists who supported legal protection for pornographic works. Following a pivotal defeat of an anti-pornography ordinance in federal court, the ideologies constituted in the so-called “Porn Wars” continued to guide obscenity doctrine. These ideologies have informed lower courts’ understanding of the harms and values associated with sexually explicit content more than constitutional scholars recognize, at least explicitly. Although courts recognize core feminist values such as sexual autonomy and privacy in sexually explicit content, they have built doctrine that …

Slavery-Like Conditions And Abuse Of Positions Of Vulnerability: Why The United States Should Judge Countries' Efforts To Combat Human Trafficking Based On The Palermo Protocol And Consider The Effects Of Legalized Prostitution On Human Trafficking, Danica Baird

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sexual Contact Between A Suspect And Police Officers: How Far Should Police Go To Prove Prostitution?, Paula Del Valle Torres

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Well-Rounded Argument: How Skinner And Obergefell Make Medical Requirements For Surrogacy Contracts Unconstitutional, Amanda Grau

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Not Another Tween Tweet: Social Media, Schools, And A Return To Tinker, Benjamin P. Schroff

American University Journal of Gender, Social Policy & the Law

Introduction

In May 2017, a high school student received the news that she made the junior varsity cheerleading squad for her sophomore year. The student then learned that an incoming freshman placed on the varsity squad over her. In response to this, the student posted a picture of herself and a friend on Snapchat, displaying their middle fingers and saying “f school, f softball, f cheer, f everything.” Soon after the student’s post, the coaches of the cheer squad suspended the student for one year, citing the school’s Cheerleading Rules. After the school board refused to get involved, the student’s …

Onlyemployees: Ending The Misclassification Of Digital Sex Workers In The Shared And Gig Economy, Mary Marston

American University Journal of Gender, Social Policy & the Law

I. Introduction

Mia Khalifa was only paid a total of $12,000 in shooting fees during her ten-month career in the adult film industry, but she remains one of the most searched adult film stars of all time. Social and monetary discrepancies between adult film stars’ payment and the revenue made by pornography studios parallel the difficulties other sex workers face, like exotic dancers and prostitutes, especially in terms of their misclassification as independent contractors instead of employees.

In addition to this misclassification, sex workers face a lack of financial and physical protections in traditional sex work. These lack of protections, …

Human Trafficking Victims' Need For Vacatur: Demolishing Roadblocks To Freedom: An Analysis Of The Current State Laws In The United States, The Current Federal Landscape, And A Call For The United Nations To Amend An Existing Protocol To Allow Victims Of Human Trafficking To Vacate Their Criminal Records, Melissa Owens

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Supporters And Advocates In Disability Accommodations Meetings: Using Title Ix As A Framework, Marissa Ditkowsky

American University Journal of Gender, Social Policy & the Law

Content Warning: This piece contains some discussion of sexual assault and violence.

Raising The Bar On Accessibility: How The Bar Admissions Process Limits Disabled Law School Graduates, Haley Moss

American University Journal of Gender, Social Policy & the Law

Introduction

Think about the steps it takes to get from law school admission through passing the Bar exam. Not only do you have to graduate with your college degree, but you have to take the Law School Admissions Test (LSAT); enroll in law school; potentially take out student loans; do plenty of reading; pass all of your classes; survive a few internships; participate in clinics, practicums and activities; obtain the juris doctor degree; study for weeks and months on end to take the bar exam; and hope for good news to begin your journey as an attorney. While it sounds …

The Kids Are Alright? The Need For Kidfluencer Protections, Ana Saragoza

American University Journal of Gender, Social Policy & the Law

Introduction

“Maybe guys have your hand on the toy but remember the camera. Leah, I can’t see your face babe, we gotta [sic] see it a little bit.” Nine-year-old identical twins Leah and Ava Clements are comparatively new to influencing, having started at the age of seven. Now at age nine, the twins have over one million followers on Instagram. The twins can earn upwards of ten thousand dollars per sponsored post. The Instagram influencer marketing business is estimated to be valued between five and ten billion dollars. Just as successful are minors who secure equally lucrative sponsorships for product …

Prospects And Pitfalls: Confronting Sexual Harassment In The Legal Cannabis Industry, Alexis N. Smith, Griffon Toronjo Pivateau

American University Journal of Gender, Social Policy & the Law

I. Introduction

In the last decade, the legal cannabis industry emerged as a fast-growing and complex new market. Legal cultivation of the cannabis plant promises to create tremendous economic opportunities. Further, the new market hints at significant social consequences. Numerous women have entered the field as entrepreneurs, advocates, and employees. Early reports indicate a much higher percentage of women within the cannabis industry than the agricultural industry in general.

Nevertheless, women face challenges and obstacles. The cannabis industry bears the characteristics of a start-up entity, but this entity resides within a market skewed by the federal law banning the cultivation …

The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán

American University Journal of Gender, Social Policy & the Law

No abstract provided.