Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (242)
- American University Washington College of Law (82)
- Yeshiva University, Cardozo School of Law (76)
- University of Michigan Law School (62)
- Washington and Lee University School of Law (30)
-
- University of Colorado Law School (29)
- Maurer School of Law: Indiana University (26)
- Columbia Law School (25)
- Roger Williams University (24)
- University of Nebraska - Lincoln (24)
- William & Mary Law School (23)
- Schulich School of Law, Dalhousie University (22)
- UIC School of Law (22)
- The University of Akron (20)
- Brooklyn Law School (17)
- Pepperdine University (17)
- University of Maine School of Law (16)
- BLR (14)
- University of Maryland Francis King Carey School of Law (13)
- New York Law School (12)
- St. John's University School of Law (12)
- University at Buffalo School of Law (12)
- Florida State University College of Law (11)
- Georgetown University Law Center (11)
- Northwestern Pritzker School of Law (11)
- Pace University (11)
- Cleveland State University (8)
- Fordham Law School (8)
- Texas A&M University School of Law (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- Keyword
-
- Abortion (127)
- Women (106)
- Constitutional law (68)
- Constitutional Law (58)
- Gender (57)
-
- Roe v. Wade (55)
- Constitution (51)
- Discrimination (47)
- Sex discrimination (46)
- Equal protection (43)
- Equality (38)
- First Amendment (35)
- Supreme Court (34)
- Pregnancy (29)
- United States Supreme Court (28)
- Law (27)
- Race (26)
- Gender and law (25)
- Reproductive rights (25)
- Fourteenth Amendment (23)
- Transgender (22)
- Women's rights (22)
- Privacy (21)
- Rights (18)
- Feminism (17)
- Gender discrimination (17)
- Equal Protection Clause (16)
- Equal Rights Amendment (ERA) (16)
- Gender and the Law (15)
- Politics (15)
- Publication Year
- Publication
-
- Seattle University Law Review (204)
- American University Journal of Gender, Social Policy & the Law (61)
- Faculty Scholarship (49)
- Cardozo Journal of Equal Rights & Social Justice (45)
- Publications (29)
-
- Michigan Law Review (26)
- Seattle Journal for Social Justice (25)
- Nebraska Journal on Advancing Justice (24)
- UIC Law Review (21)
- Articles (20)
- Washington and Lee Law Review (19)
- Cardozo Law Review (18)
- Pepperdine Law Review (17)
- Maine Law Review (16)
- Center for Gender & Sexuality Law (15)
- ExpressO (14)
- Indiana Law Journal (13)
- American Indian Law Journal (12)
- Michigan Journal of Gender & Law (12)
- Articles, Book Chapters, & Popular Press (11)
- Georgetown Law Faculty Publications and Other Works (11)
- Scholarly Articles in Law Reviews & Journals (11)
- Akron Law Review (10)
- Scholarly Publications (10)
- Scholarly Works (10)
- Brooklyn Law Review (9)
- Buffalo Law Review (9)
- Elisabeth Haub School of Law Faculty Publications (9)
- NYLS Law Review (9)
- Northwestern University Law Review (9)
- Publication Type
Articles 61 - 90 of 1109
Full-Text Articles in Constitutional Law
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Seattle University Law Review
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They press their claims in street protests, legislative hearings, dramatic performances, and other fora. The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin. More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Seattle University Law Review
This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …
Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry
Under The Guardianship: Experiences Of Mothers In Egypt’S El Nayaba El Hesbaya, Hana Khayry
Theses and Dissertations
This thesis explores the intersectional lived experience of El Nayaba El Hesbaya in Egypt. El Nayaba El Hesbaya, operating under Law 119/1952, is the administrative and judicial body responsible for overseeing the financial and legal affairs of minors whose father or mother had passed. Hundreds of thousands of mothers in Egypt have (had) children under the guardianship of El Nayaba El Hesbaya. This research delves into the experience of mothers whose children are or were under the guardianship of El Nayaba El Hesbaya, examining how it shape(s/d) their everyday life as women, mothers, widows or ex-wives, citizens, and legal subjects. …
Supreme Court Decision: Skrmetti And The Future Of Trans Rights, Floersheimer Center For Constitutional Democracy, Zalman Rothschild, Jessica Clarke, Ben Eidelson, Katie Eyer, Kate Redburn
Supreme Court Decision: Skrmetti And The Future Of Trans Rights, Floersheimer Center For Constitutional Democracy, Zalman Rothschild, Jessica Clarke, Ben Eidelson, Katie Eyer, Kate Redburn
2025–2026 Flyers
No abstract provided.
Skrmetti And The Problem Of Incidental Intent, Martin J. Katz
Skrmetti And The Problem Of Incidental Intent, Martin J. Katz
Sturm College of Law: Faculty Scholarship
The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …
The Untold Story Of 150 Years Of Women In State Judiciaries, Elizabeth D. Katz
The Untold Story Of 150 Years Of Women In State Judiciaries, Elizabeth D. Katz
UF Law Faculty Publications
A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.
Deconstructing Parenthood: A Critical Queer Analysis Of Gender, Law, And Bionormativity In India, Jwalika Balaji
Deconstructing Parenthood: A Critical Queer Analysis Of Gender, Law, And Bionormativity In India, Jwalika Balaji
National Law School of India Review
Parenthood (the legal connection to one’s child) is often assumed to be a biologically determined and natural status, but in reality, it is a legal and social construct shaped by historical, cultural, and political contexts. This paper critically examines the legal framework of parenthood in India, highlighting how it privileges a bionormative, dyadic, heterosexual parental unit, while marginalising LGBTQ+ individuals, unmarried couples, and alternative family structures. Through a critical queer method, the paper deconstructs the bio-essentialist juxtaposition of gender, conjugality, and reproduction that underpins Indian family law. It explores how the legal framework selectively acknowledges the constructed nature of parenthood …
Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi
Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi
FIU Law Review
Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …
Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons
Who Makes The Jury? Demographics And Decision-Making In The Jury Process., Ana B. Pons
Honors Undergraduate Theses
Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected …
Gender Therapy False Equivalency, Scott Skinner-Thompson
Gender Therapy False Equivalency, Scott Skinner-Thompson
Publications
One critical dispute surrounding the rights of LGBTQ people and societal recognition of their existence is the legal debate regarding very different types of gender therapy. On the one hand, several states have banned the provision of gender-affirming medical care to transgender youth, positing that it is a dangerous form of mutilation. A separate set of states has banned the practice of so-called gay or gender conversion therapy that seeks to transform youth away from their queer identities, concluding that it is a form of abuse. Both sets of laws have been challenged in courts with the Supreme Court recently …
Justice In Erotic Spaces, Elena L. Cohen
Justice In Erotic Spaces, Elena L. Cohen
Cardozo Journal of Equal Rights & Social Justice
This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …
Fundamental Rights Betrayed: How Pregnancy Exclusions In Advance Directive Statutes Silence Pregnant People’S Wishes, Molly Hill
American University Journal of Gender, Social Policy & the Law
INTRODUCTION: In 2013, Marlise Muñoz collapsed at her home and was rushed to the hospital, where the doctors informed her family that she had suffered a pulmonary embolism and was now brain-dead. Marlise had previously expressed to her family that she never wished to be kept on life support if she was left brain-dead, so her family wanted to honor her wishes. However, despite her irreversible brain death, because Marlise was fourteen weeks pregnant, Texas law required that her body remain on life-sustaining treatment until her fetus became viable. Her body lay in the hospital hooked up to machines against …
What Is “The Nation’S History And Tradition?”: Using History To Redefine “Liberty” And Applying A New Deeply Rooted Test To Transgender Rights, Kaori Kawaguchi
What Is “The Nation’S History And Tradition?”: Using History To Redefine “Liberty” And Applying A New Deeply Rooted Test To Transgender Rights, Kaori Kawaguchi
American University Journal of Gender, Social Policy & the Law
INTRODUCTION: “In a Constitution for a free people, there can be no doubt that the meaning of ‘liberty’ must be broad indeed.” In Roe v. Wade, the Court considered a woman’s liberty right to decide whether to continue a pregnancy or have an abortion and recognized the constitutional validity of a liberty right to abortion as part of the right to privacy. In Roe, the Court concluded, “[o]nly personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty’ are included in the guarantee of a right of personal privacy.” Liberty should be “left to …
Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey
Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey
MC Law Review
Army Regulation 608-99 assigns a large portion of a Soldier’s paycheck to the spouse upon marital separation. The assignment occurs without a hearing, discovery, or consideration of critical evidence which might moderate the amount of support. The obligation rests on the Soldier to obtain a court order or spousal agreement to reduce the financial burden. The adversarial nature of modern divorces renders these requirements unrealistic. Amending the regulation would ease the burden of the Soldier, which is desirable in light of the ongoing recruitment crisis and the need to attract recruits and retain those already in the service.
Self-Determination Through Children's Rights: Resisting The Paradoxical Pretext Of Parents' Rights Legislation, Jeremiah Chin
Self-Determination Through Children's Rights: Resisting The Paradoxical Pretext Of Parents' Rights Legislation, Jeremiah Chin
Washington Law Review
Washington state law balances the interests of parents and the state in education, healthcare, and the general wellbeing of children. Despite the fact that children are at the center of emerging controversies, children’s rights are rarely discussed in state legislation debating the obligations and relationships between the state of Washington and parents. In education, for example, RCW 28A.605.005 finds “[p]arents are the primary stakeholders in their children’s upbringing.” While this may be true relative to the state, it overlooks the fact that children are the primary actors, agents, and rights bearers in their own personhood. This Article therefore considers ongoing …
The Heteronormative Language Of Law: The Win In Bostock And The Loss For Title Ix, Negar Khalaf
The Heteronormative Language Of Law: The Win In Bostock And The Loss For Title Ix, Negar Khalaf
Journal of Law and Policy
The struggle for equality in education begins with language. Legal categories like “sex” and “gender identity” shape who is protected and who is left behind. When the Supreme Court decided Bostock v. Clayton County, it extended protection to LGBTQ+ workers but offered no definition robust enough to secure similar rights for students under Title IX. Subsequent efforts by the Department of Education to bridge that gap—culminating in Tennessee v. Cardona and constrained by Loper Bright Enterprises v. Raimondo—reveal the limits of agency action in a post-Chevron era. This Note calls for a legislative solution: an amended Equality Act Bill (“EAB”) …
From Fairy Tales To Fascist Nightmares: Countering Ron Desantis’ Florida, Ronald Mize, Et. Al
From Fairy Tales To Fascist Nightmares: Countering Ron Desantis’ Florida, Ronald Mize, Et. Al
University of Miami Race & Social Justice Law Review
The recent spate of anti–‘woke’, don’t say gay, anti–trans, and anti–immigrant legislation, led by Florida Governor Ron DeSantis, puts the sunshine state in the unenviable position of serving as the nation’s test case for Republicans’ neofascist agendas. This paper explores the exclusionary, targeting, and banning aspects of these culture war assaults on public education and outgroups. The specific banning of Critical Race Theory is discussed alongside cis–heteronormative efforts to target queer and trans communities, as well as DeSantis’ executive memoranda of transporting those at the border to sanctuary cities and S.B. 1718 aimed at excluding immigrant communities from public life …
Equality Can Stick With Bostock: A Call To Expand The Equal Protection Clause To Include Discrimination Against Transgender People's Bathroom Usage, Jackson B. Hurst-Sanders
Equality Can Stick With Bostock: A Call To Expand The Equal Protection Clause To Include Discrimination Against Transgender People's Bathroom Usage, Jackson B. Hurst-Sanders
Kentucky Law Journal
No abstract provided.
Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler
Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler
Nebraska Journal on Advancing Justice
No abstract provided.
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Nebraska Journal on Advancing Justice
No abstract provided.
Introduction, Nicholas L. Marti
Introduction, Nicholas L. Marti
Nebraska Journal on Advancing Justice
No abstract provided.
2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board
2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Journal of Humanities and Social Sciences
The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …
Recalibrating Risk Under Dobbs, Yvonne F. Lindgren, Michelle Oberman
Recalibrating Risk Under Dobbs, Yvonne F. Lindgren, Michelle Oberman
Faculty Works
In response to mounting evidence of the devastating harms patients have experienced under abortion bans, abortion opponents and the Supreme Court of Texas have argued that the bans are clear but that doctors are willfully refusing to provide care. Instead of reforming the bans, they argue that doctors should be sued in medical malpractice for their failure to meet the standard of care. This Article interrogates that claim, investigating whether the crisis in reproductive healthcare that has resulted from delayed and denied care can be remedied by suing doctors. Specifically, can medical malpractice litigation provide guardrails against the erosion in …
Living Property, Joseph William Singer
Living Property, Joseph William Singer
Seattle University Law Review
The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …
The Roots Of Credit Inequality, Andrea Freeman
The Roots Of Credit Inequality, Andrea Freeman
Seattle University Law Review
Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …
“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri
“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri
Seattle University Law Review
Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …