Law and Gender Commons^™

Denouncing The Revival Of Pre-Roe V. Wade Abortion Bans In A Post-Dobbs World Through The Void Ab Initio And Presumption Of Validity Doctrines, Nora Greene

American University Journal of Gender, Social Policy & the Law

The United States Supreme Court voted to overturn Roe v. Wade in a leaked draft of Dobbs v. Jackson Women’s Health Organization. Written by Justice Alito and joined by four of the other conservative justices, the decision describes Roe as “egregiously wrong from the start” and blatantly overrules the landmark holding and its prodigy, Planned Parenthood v. Casey. In their state codes, nine states—Alabama, Arizona, Arkansas Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin— have unrepealed criminal abortion bans enacted before Roe. These bans prohibit abortion at any point in pregnancy unless to preserve the life of the pregnant person …

Unmasking The Nineteenth Amendment Centennial Through The Pandemic Lenses Of Liberty, Loss, Masculinity, And Leadership [Comments], Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Celebrating the Centennial of the Nineteenth Amendment in this political, economic, and social moment was a tale of two extremes. On the one hand, the Centennial occurred contemporaneously with the election of Kamala Harris as the nation's first woman Vice President offering a tremendous celebratory bookend of political success. On the other hand, we celebrated the Centennial amid a global pandemic that has taken over 740,000 American lives2 and in a crescendo of searingly painful calls for racial justice. In reflecting on the Centennial in this political, social, and economic moment, this article unmasks the lenses of loss, liberty, masculinity, …

Feminism’S Transformation Of Legal Education And Unfinished Agenda, Jamie Abrams

Contributions to Books

Feminism has had a broad influence in legal education. Feminist critiques have challenged the substance of legal rules, the methods of law teaching, and the culture of legal education. Following decades of advocacy, feminist pedagogical reforms have generated new fields, new courses, new laws, new leaders, and new feminist spaces. There are many reasons to celebrate the accomplishments of our feminist pioneers and champions. Yet, COVID-19 has also exposed all the vulnerabilities and tenuousness of feminist gains too. Critical work remains for faculty, administrators, and students to carry the work forward with a vigilant purpose and determination.

The Way To Barbara Armstrong, First Tenure-Track Law Professor In An Accredited Us Law School, Susan Carle

Contributions to Books

This is the third volume in a trilogy on gender issues in legal occupations. An overview of Women in the World ’ s Legal Professions (Schultz and Shaw 2003) was followed by Gender and Judging (Schultz and Shaw 2013), finally to be completed by this study on women teachers of law. All three books have been published by Hart Publishing, to whom we are grateful for their unceasing support over so many years. Our thanks also go to the International Institute for the Sociology of Law for facilitating the inclusion of all three volumes in their O ñ ati Socio-Legal …

The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly

Human Rights Brief

No abstract provided.

Legislative Review Of "The Transgender Persons (Protection Of Rights) Act, 2019", Aastha Khanna, Divesh Sawhney

Human Rights Brief

No abstract provided.

Who Decides "The Best Interests Of The Child?": Strengthening Legal Protections For Intersex Persons Against Sexual And Gender-Based Violence, Lucette Moran

Human Rights Brief

No abstract provided.

Speaking Femicide, Caroline Davidson

American University Law Review

Femicide is typically defined as the killing of a woman because she is a woman. It has been the subject of mass protests in cities from Buenos Aires to Paris and in some places has made the leap to law as a crime unto itself or basis for a sentencing enhancement in homicide cases. Proponents of the label of femicide seek to bring attention to gendered violence against women and end a culture of tolerance and impunity for such violence. Meanwhile, in the United States, it is neither legislated nor discussed.

This Article explores the concept of femicide and asks …

To Shatter The Glass Ceiling, Clean The Sticky Floor And Thaw The Frozen Middle: How Discrimination And Bias In The Career Pipeline Perpetuates The Gender Pay Gap, Rachel Dibenedetto

American University Journal of Gender, Social Policy & the Law

I. INTRODUCTION

Women crack the glass ceiling, but rarely pierce the surface. When women do shatter the glass, they do so in small strides, achieving minor victories. This glass, an invisible discriminatory barrier, the cultural predispositions filled with gender bias, inhibits women from career advancement from reaching the ceiling. Many refused to recognize this often unspoken phenomenon until the United States Department of Labor called for action. In enacting anti-discrimination legislation and bridging the gender education gap, women made remarkable headways in overcoming hurdles, yet the roots of the challenge still remain. How can women shatter the glass ceiling if …

My Body Is Note My Choice Anymore? How Conscience Protections For Doctors Violate An Individual’S Right To Use Contraceptives And The Establishment Clause, Wanying Yang

American University Journal of Gender, Social Policy & the Law

Introduction

After a month of waiting, Evann finally met her gynecologist for a consultation on her first intrauterine device (IUD). However, before Evann told the gynecologist her request and symptoms, the gynecologist emphasized she was in a Catholic hospital and that they only prescribe oral contraceptives to patients with heavy cramping. The gynecologist then passed Evann an unofficial paper with an IUD provider’s number and expressed sorrow regarding Evann’s decision to use contraceptives. Evann walked out of the hospital without any information on the IUD, but instead with frustration and shame.

A Labor Of Love: Finding Justice For Victims Of Workplace Sexual Harassment Excluded From Title Vii, Abigail M. Whitmore

American University Journal of Gender, Social Policy & the Law

I. Introduction

“Sexual harassment perpetuates the interlocked structure by which women have been kept sexually in thrall to men and at the bottom of the labor market. Two forces of American society converge: men’s control over women’s sexuality and capital’s control over employees’ work lives.”

I first began working with children as a college student in a part-time daycare position and eventually moved into a full-time nanny position after graduating. Working as a nanny was the perfect option for me at the time, as I was seeking temporary work in between my undergraduate education and law school. The opportunity also …

Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins

American University International Law Review

No abstract provided.

Domestic Violence And Self-Defense: Respecting Women's Autonomy By Creating A Woman-Centered Law Of Self-Defense, Caroline Gillis

Upper Level Writing Requirement Research Papers

No abstract provided.

Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman

Upper Level Writing Requirement Research Papers

No abstract provided.

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

Upper Level Writing Requirement Research Papers

No abstract provided.

When Your Colonizers Are Hypocrites: Federal Poverty "Solutions" And Indigenous Survival Of Sex Trafficking In Indian Country, Alix Bruce

Celebrating WCL Student Authors

No abstract provided.

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 …

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, …

Harassment, Workplace Culture, And The Power And Limits Of Law, Suzanne B. Goldberg

American University Law Review

This article asks why it remains so difficult for employers to prevent and respond effectively to harassment, especially sexual harassment, and identifies promising points for legal intervention. It is sobering to consider social-science evidence of the myriad barriers to reporting sexual harassment—from the individual-level and interpersonal to those rooted in society at large. Most of these are out of reach for an employer but workplace culture stands out as a significant arena where employers have influence on whether harassment and other discriminatory behaviors are likely to thrive. Yet employers typically make choices in this area with attention to legal accountability …

Doubling Down On A Billion Dollar Blind Spot: Women Business Owners And Tax Reform, Caroline Bruckner

American University Business Law Review

No abstract provided.

Employing Smith To Prevent A Constitutional Right To Discriminate Based On Faith: Why The Supreme Court Should Affirm The Third Circuit In Fulton V. City Of Philadelphia, Margaret Smiley Chavez

American University Law Review

In the interest of the children in the Philadelphia foster care system, the City of Philadelphia prohibits its contracting foster care agencies from discriminating against prospective foster care parents on account of race, religion, and sexual orientation, among other things. Despite this requirement, in 2018, two foster care agencies—Catholic Social Services (CSS) and Bethany Christian Services— that have annual contracts with Philadelphia refused to certify same-sex couples as foster parents for religious reasons. While Bethany Christian Services reached an agreement with the city, CSS did not. As a result, the city froze foster care placement referrals to CSS and did …

The Lgbtq Equality Gap And Federalism, Nancy J. Knauer

American University Law Review

LGBTQ people in the United States live with an Equality Gap that seems to grow wider with each legislative session. The majority of states do not have nondiscrimination protections in place for LGBTQ people. In the absence of blanket federal non-discrimination protections, a same-sex couple can be denied service by bakers, catering halls, and photographers while trying to exercise their constitutionally protected right to marry. A transgender person can be denied access to a public bathroom that matches their gender identity. A federally funded adoption agency can refuse to work with LGBTQ persons who wish to adopt. In addition, many …

The Language Of Harm: What The Nassar Victim Impact Statements Reveal About Abuse And Accountability, Jamie Abrams, Amanda Potts

Scholarly Articles in Law Reviews & Journals

This Article examines 148 Victim Impact Statements that were delivered to the
court in the Larry Nassar criminal sentencing. Larry Nassar was a doctor for the
United States Gymnastics Association and an employee of Michigan State University
who treated elite athletes, predominantly gymnasts. Nassar pleaded guilty to child
pornography and first-degree criminal sexual misconduct charges in Michigan. His
sentencing received worldwide attention as victims delivered impact statements
describing the harm and betrayal of his conduct. Using corpus-based discourse
analysis, this Article examines the complex strategies that the victims deployed to
describe who Nassar was (a doctor, a monster, a friend), …

Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.

Citizen Soldiers And The Foundation Fusion Of Masculinity, Citizenship, And Military Service, Jamie Abrams, Nickole Durbin

Scholarly Articles in Law Reviews & Journals

Sarah Livingston Jay famously toasted revelers in 1783: "May all our citizens be soldiers, and all our soldiers citizens." This toast conveyed "a foundational fusion" within our republican government tradition-coupling military service, citizenship, and masculinities.' The Akron Law School's conference on the 100th anniversary of the passage of the Nineteenth Amendment offered the chance to fight the eulogization of the Nineteenth Amendment and explore its modern relevance. This paper concludes that the Nineteenth Amendment cannot be understood without connecting it to broader conceptions of citizenship, masculinities, and military service, thus revealing its ongoing relevance to military inclusion and integration.

In …

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.

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.