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Articles 1 - 15 of 15
Full-Text Articles in Law
Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe
Georgia Journal of International & Comparative Law
No abstract provided.
Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, Jonathan Witmer-Rich
Unpacking Affirmative Consent: Not As Great As You Hope, Not As Bad As You Fear, Jonathan Witmer-Rich
Law Faculty Articles and Essays
This Article aims to “unpack” the concept of affirmative consent by identifying common assertions about affirmative consent that are false or misleading and by separating issues that are commonly conflated. The goal here is not to advocate either for or against the notion of affirmative consent but to clarify the concept to show what is at stake (and what is not at stake) in these debates.
Part II of this Article sets forth definitions of affirmative consent, particularly noting the difference between policies that require unambiguous agreements and those that do not. Part III addresses the various misconceptions identified above. …
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker
All Faculty Scholarship
This article explains and defends the Department of Education’s campaign against sexual misconduct on college campuses. It does so because DOE has inexplicably failed to make clear that their goal is to protect women from the intimidating and hostile environment that results when men routinely use women sexually, without regard to whether women consent to the sexual activity. That basic point, that schools are policing harassing and intimidating behavior, not necessarily rape, has been lost on both courts and commentators. Boorish, entitled, sexual behavior that stops well short of rape, if pervasive enough, has been actionable as sexual harassment for …
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Katharine K. Baker
An Overture To Equality: Preventing Subconscious Sex And Gender Biases From Influencing Hiring Decisions, Christy Krawietz
An Overture To Equality: Preventing Subconscious Sex And Gender Biases From Influencing Hiring Decisions, Christy Krawietz
Seattle University Law Review
In many industries, women are less likely than men to be hired, and research suggests that this is due to subconscious gender bias rather than meritorious difference. To combat this bias, some orchestras use gender-blind auditions to hire their musicians. Orchestral hopefuls sit behind a screen to play their pieces, and directors listen to determine whom they want to hire. Some orchestras require applicants to remove their shoes before walking onstage, as even the perceived sound of high heels can affect a director’s decision. Before instituting gender-blind auditions, the top five American orchestras had fewer than five percent women players. …
Ballin In The Boardroom: Changing The Social Context Of Sexual Harassment, Todd J. Clark
Ballin In The Boardroom: Changing The Social Context Of Sexual Harassment, Todd J. Clark
Journal of Civil Rights and Economic Development
No abstract provided.
Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach
Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach
University of Richmond Law Review
This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Faculty Articles and Other Publications
This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …
Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider
Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider
Brooklyn Law Review
The copyright fair use test balances the copyright holder’s right to exclude others from using its work against the secondary user’s First Amendment right, yet this test is often too unpredictable and favors misappropriation, even the most commercial kind. The test is weakest when used to determine the legality of sexual parodies. The sexual nature of the parody should receive statutory consideration in the balancing test because vulgar and lewd speech is often deemed “low value” speech, and therefore the secondary user’s First Amendment right is weaker compared to the copyright owner’s right to exclude. Courts already consider the sexual …
Prep And Our Youth: Implications In Law And Policy, Jason Potter Burda
Prep And Our Youth: Implications In Law And Policy, Jason Potter Burda
Faculty Publications
Truvada®, an antiretroviral medication originally approved to treat HIV, is the first drug to receive FDA approval for use by HIV-negative individuals to actually prevent infection. The prophylactic use of an antiretroviral such as Truvada is a pharmacological prevention method called “HIV pre-exposure prophylaxis” (or “PrEP”). With an efficacy of over ninety percent when used as prescribed, Truvada as PrEP has been embraced by the public health community, and implementation is under way across the United States. Truvada as PrEP is currently indicated for adult use only, but it may also be prescribed off-label to at-risk youth. In this Article, …
The Two Laws Of Sex Stereotyping, Noa Ben-Asher
The Two Laws Of Sex Stereotyping, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework--from equal opportunity to individual liberty--that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers, but not …
The Trouble With 'Bureaucracy', Deborah L. Brake
The Trouble With 'Bureaucracy', Deborah L. Brake
Articles
Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …
Death Of Morality: Does It Portend Death Of America, Gerald Walpin
Death Of Morality: Does It Portend Death Of America, Gerald Walpin
Touro Law Review
No abstract provided.
What Counts As Prostitution.Pdf, Stuart Green
What Counts As Prostitution.Pdf, Stuart Green
Stuart Green
Angry Employees, Susan D. Carle
Angry Employees, Susan D. Carle
Susan D. Carle