Law and Gender Commons^™

Beyond The Basketball Court: How Brittney Griner's In My Skin Illustrates Title Ix's Failure To Protect Lgbt Athletes At Religious Institutions, Leslie C. Griffin

Scholarly Works

Symposium: Playing with Pride: LGBT Inclusion in Sports.

Unlike schoolteachers, janitors, coaches, food-service directors, organists, and other workers, professional athletes usually command center stage in society. Their successes and failures loom larger than life. Sometimes their prominent lives highlight themes hidden from public discussion or neglected by the majority. Professional basketball player Brittney Griner's autobiography does just that, by illuminating how "religious freedom" can undermine equality, especially LGBT equality.

Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer

Georgia Law Review

To be entitled to any remedy under Title IX, students bringing private causes of action must show that their schools acted with actual knowledge and deliberate indifference. That liability standard is applied to both teacher-on-student and peer-on-peer harassment claims, without regard for an educational institution's relative control over the conduct of its employees versus its students. Schools should be held to a stricter standard in teacher-on-student cases than in peer-on-peer cases for numerous reasons of both law and policy. Considering that Title VII standards of liability do turn on relative control, a quirky imbalance results whereby a school is more …

The Two Laws Of Sex Stereotyping, Noa Ben-Asher

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 …

"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah

Cardozo Journal of Equal Rights & Social Justice

The note argues that public school dress codes perpetuate rape culture by disproportionately targeting female students, reinforcing patriarchal norms, and contributing to gender-based discrimination. These dress codes, often justified as preventing distractions, instead shame girls and place the responsibility of boys' behavior on them, thereby normalizing the objectification of women and supporting systemic sexism.

Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden

Cardozo Journal of Equal Rights & Social Justice

The note critiques the current interpretation and application of Title IX in college athletics, particularly the Three-Part Test used by the Office for Civil Rights (OCR). It argues that the test's focus on proportionality often leads universities to cut men's sports to achieve gender balance, which undermines the broader goal of gender equality. The author proposes a more nuanced approach, advocating for sport-specific evaluations and the elimination of the Contact Sports Exception to better align Title IX compliance with its intended purpose of preventing discrimination.

Only Straight Students Protected From Homophobic Harassment!, Arthur S. Leonard

Other Publications

No abstract provided.

On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard

Other Publications

No abstract provided.

Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Essay transcribes and discusses Smith's keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith's speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.

Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …

The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby

Brooklyn Law Review

As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …

Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the definition of …

Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard

Other Publications

No abstract provided.

We'll Always Be Bosom Buddies, Arthur S. Leonard

Other Publications

No abstract provided.

My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison

Cardozo Journal of Equal Rights & Social Justice

This article argues that workplace discrimination based on hair grooming policies disproportionately impacts African American women. The article seeks to establish that natural hair is an immutable characteristic, as is all hair, made mutable by social policies that impose an "acceptable" standard of beauty that was never meant to include or reflect black women. Often placed under workplace or other institutional grooming policies, the article posits that these policies are no more than a continuation of race-based policies that reflect unlawful stereotyping under Title VII and should be eliminated. Lastly, the article proposes a set of questions that test the …

You Haven't Come A Long Way, Baby: The Courts' Inability To Eliminate The Gender Gap Fifty-Two Years After The Passage Of The Equal Pay Act, Morgan A. Tufarolo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au

American University Journal of Gender, Social Policy & the Law

No abstract provided.

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Faculty Scholarship

Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …

Testimony On Pennsylvania Sb1306: No Additional Protections For Religious Freedom, Katherine M. Franke, Burton Caine, Lenore F. Carpenter, Eric A. Feldman, Thersa Glennon, Nancy J. Knauer, Jules Lobel, Wendell Pritchett, Dara E. Purvis, Brishen Rogers, Victor C. Romero, Kathryn M. Stanchi, Nancy A. Welsh

Faculty Scholarship

On behalf of the Public Rights/Private Conscience Project (PRPCP) at Columbia Law School I offer the following legal analysis of Senate Bill 1306. Overall, the current version of the bill promises to modernize Pennsylvania’s Human Relations Act by expanding antidiscrimination protections in employment to include sexual orientation and gender identity-based discrimination. Were the Pennsylvania legislature to pass SB 1306, the Commonwealth would join twenty-two states that include sexual orientation and nineteen states that include gender identity in their laws assuring equal employment opportunities for their citizens.

Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick

St. Mary's Law Journal

Obergefell v. Hodges, a United States Supreme Court case, added more fuel to the fire, leaving many to wonder how to voice religious opposition to same-sex marriages, and what are the second order effects for religious opposition in light of the new rule. The Court held the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution guarantees protection against discrimination based on sexual orientation. Obergefell, brings the conflict between freedom of religion and LGBT rights to a new level by questioning how far freedom of religion can be used to refuse anti-discrimination statutes regarding sexual …

Reconsidering The Remedy Of Gender Quotas, Tracy A. Thomas

Akron Law Faculty Publications

When newly-elected Canadian Prime Minister Justin Trudeau was asked by surprised reporters why he appointed women as fifty percent of his new cabinet, he responded simply, “Because it’s 2015.” Just because. Because it’s time. In fact, he suggested, it is long past time for having to justify including women as one-half of the power structure when women constitute one-half of the population. And it’s time for meaningful change in shared governance by something as pragmatically simple as selecting fifteen women and fifteen men for appointments. Similarly, it is long past time for justifying the need to reform American institutions that …

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Buffalo Law Review

No abstract provided.

Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica

Law School Blogs

No abstract provided.

La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene

Independent Study Project (ISP) Collection

A través de todos los siglos, ha existido la violencia contra las mujeres. Las causas de esta violencia son extensivas y tienen raíces en estructuras de ideología, cultura y género incrustadas en sociedades de todo el mundo. Hasta fines del siglo veinte, la violencia contra las mujeres era vista como un tema privado, de la familia, vivido puertas adentro, en forma independiente en cada hogar. Sin embargo, a través de las últimas décadas, muchos cambios ideológicos y socioculturales han trasladado el problema de la violencia contra las mujeres a la escena pública. En el año 2009, Argentina creó una ley …

World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides

West Virginia Law Review

No abstract provided.

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty and Staff Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

Standing; Assertion Of Jus Tertii; Sex Discrimination; Equal Protection; Twenty-First Amendment; Craig V. Boren, Anthony Sadowski

Akron Law Review

"A PPELLANTS brought an action in the United States District Court for the Western District of Oklahoma seeking declaratory and injunctive relief. The complaint charged that the operation of two Oklahoma statutes, which prohibited the sale of 3.2% beer to males under the age of 21 while allowing females over the age of 18 to purchase the commodity, violated the fourteenth amendment to the Federal Constitution. The three-judge court held that the gender-based classification did not violate the equal protection clause. In Craig v. Boren, on direct appeal, the United States Supreme Court reversed, finding that the gender-based classification could …

Measuring The Reach Of Title Ix: Defining Program And Recipient In Higher Education, James H. Brooks

Akron Law Review

Two main issues are raised by Grove City College v. Bell and will be analyzed in this article. First, should the Supreme Court construe a post-secondary institution as a "program" for purposes of Title IX? Second, should aid to students be considered federal financial assistance to the institution?