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The Era Brief October 2021, Center For Gender And Sexuality Law Oct 2021

The Era Brief October 2021, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

We are excited to return to campus and rejoin the vibrant law school community. Our work at the ERA Project has taken on a renewed sense of urgency as we seek to advance sex equality in a time when the right to bodily autonomy is under threat from restrictions on reproductive and transgender rights.


Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman Aug 2021

Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman

ConLawNOW

Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County and the prospects that it opens up in Dobbs for a future for—not against—abortion rights. Bostock’s pro-gay and pro-trans sex discrimination rulings are built atop—and go out of their way to reaffirm—women’s statutorily-grounded economic and social rights, and hence women’s equal citizenship stature. Moreover, the final decision in the case emerges after judicial wrestling …


The Era Brief June 2021, Center For Gender And Sexuality Law Jun 2021

The Era Brief June 2021, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

At the ERA Project we get asked all the time: “Why do we need the Equal Rights Amendment (ERA)?” “Doesn’t the Constitution already prohibit sex discrimination?” “What difference would it make to add explicit sex discrimination protections in the Constitution as the 28th Amendment?”


Sanctuary Cities And Counties For The Unborn: The Use Of Resolution And Ordinances To Restrict Abortion Access, Jennifer L. Brinkley May 2021

Sanctuary Cities And Counties For The Unborn: The Use Of Resolution And Ordinances To Restrict Abortion Access, Jennifer L. Brinkley

Northern Illinois University Law Review

Santa Rosa County in Florida is the first county in Florida to be designated as a pro-life sanctuary. Florida joins other states--including Illinois, New Mexico, Texas, North Carolina, and Utah--in passing resolutions and ordinances declaring localities as sanctuaries for the unborn. Some localities declare life begins at conception, ban abortion services (including access to emergency contraception), classify abortion as murder with malice aforethought, label pro-choice organizations as criminal enterprises, and create civil causes of action against abortion providers and those who assist women in obtaining an abortion. Most of the localities that have enacted the ordinances and resolutions have small …


Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia Apr 2021

Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia

Northwestern Journal of Law & Social Policy

Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020, …


Ting Ting Cheng Appointed As Director Of Columbia Law School’S Era Project, Center For Gender And Sexuality Law Apr 2021

Ting Ting Cheng Appointed As Director Of Columbia Law School’S Era Project, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

New York, New York — Today, the Equal Rights Amendment (ERA) Project at Columbia Law School announced that Ting Ting Cheng has been appointed as the Project’s first Director. Ms. Cheng has wide-ranging experience as an advocate for gender justice and brings an ambitious strategic vision to the ERA Project’s work.


Pregnancy And The Carceral State, Khiara M. Bridges Apr 2021

Pregnancy And The Carceral State, Khiara M. Bridges

Michigan Law Review

A Review of Policing the Womb: Invisible Women and the Criminalization of Motherhood. by Michele Goodwin.


The Scales Of Reproductive Justice: Casey’S Failure To Rebalance Liberty Interests In The Racially Disparate State Of Maternal Medicine, Mallori D. Thompson Feb 2021

The Scales Of Reproductive Justice: Casey’S Failure To Rebalance Liberty Interests In The Racially Disparate State Of Maternal Medicine, Mallori D. Thompson

Michigan Journal of Race and Law

Despite the maternal medicine crisis in the U.S., especially for Black women, legislatures are challenging constitutional abortion doctrine and forcing women to interact with a system that may cost them their lives. This Article proposes that because of abysmal maternal mortality rates and the arbitrary nature of most abortion restrictions, the right to choose an abortion is embedded in our Fourteenth Amendment right to not be arbitrarily deprived of life by the State. This Article is a call to abortion advocates to begin submitting state maternal mortality data when challenging abortion restrictions. The call for attention to life was central …


Gender-Blind: International Human Rights On Abortion Through Irish Eyes, Christine A. Ryan Jan 2021

Gender-Blind: International Human Rights On Abortion Through Irish Eyes, Christine A. Ryan

Duke Law SJD Dissertations

No abstract provided.


Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell Jan 2021

Preserving Procreative Potential With A Smart Prenuptial Agreement, Lynda Wray Black, Chelsea E. Caldwell

FIU Law Review

No abstract provided.


Medical Violence, Obstetric Racism, And The Limits Of Informed Consent For Black Women, Colleen Campbell Jan 2021

Medical Violence, Obstetric Racism, And The Limits Of Informed Consent For Black Women, Colleen Campbell

Michigan Journal of Race and Law

This Essay critically examines how medicine actively engages in the reproductive subordination of Black women. In obstetrics, particularly, Black women must contend with both gender and race subordination. Early American gynecology treated Black women as expendable clinical material for its institutional needs. This medical violence was animated by biological racism and the legal and economic exigencies of the antebellum era. Medical racism continues to animate Black women’s navigation of and their dehumanization within obstetrics. Today, the racial disparities in cesarean sections illustrate that Black women are simultaneously overmedicalized and medically neglected—an extension of historical medical practices rooted in the logic …


The First Amendment And The Female Listener, Loren Jacobson Jan 2021

The First Amendment And The Female Listener, Loren Jacobson

New Mexico Law Review

When the Supreme Court has considered whether laws that affect women’s decisions about their health and bodies violate the Free Speech Clause, it has ignored the informational needs of the very women that such laws regulate. I argue that, instead, the Supreme Court should value women’s informational and decision-making needs and properly place them at the center of a First Amendment analysis of laws that affect women in particular. Towards that goal, the Supreme Court should take a listener-centered approach to laws that affect women’s decision-making. There is a strong basis for a listener-centered approach in the Court’s Free Speech …