Law and Gender Commons^™

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.

Jill Jackson: Pioneering In The Press Box, Katherine C. Perkins

LSU New Orleans Theses and Dissertations

Jill Jackson was one of the first female sports journalists and a pioneer voice for women in athletics. Although heretofore overlooked in the history of American sports journalism, the story of her career is an addition not only to the historiography of female sports journalists but also to the broader study of women in the mid-twentieth century. Jackson was admired, a hard worker, from a prominent New Orleans family, and well educated, yet she still was treated unequally in her primary workspace—the press box. Jackson left well-documented story to the Nadine Vorhoff Library and Special Collections at Newcomb College Institute …

Newsroom: Gift Supports Diversity Programming 12-15-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Tax Definition Of "Medical Care:" A Critique Of The Startling Irs Arguments In O'Donnabhain V. Commissioner, Katherine Pratt

Michigan Journal of Gender & Law

This Article critiques the startling arguments made by the Internal Revenue Service (“IRS”) in O’Donnabhain v. Commissioner, a case in which the issue was whether a person diagnosed with gender identity disorder (“GID”) could take a federal tax deduction for the costs of male-to-female medical transition, including hormone treatment, genital surgery, and breast augmentation. Internal Revenue Code § 213 allows a deduction for the costs of “medical care,” which (1) includes costs incurred for “the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body,” but (2) generally …

Identity Entrepreneurs, Nancy Leong

Sturm College of Law: Faculty Scholarship

In my previous article, Racial Capitalism, I examined the ways in which white individuals and predominantly white institutions derive value from non-white racial identity. This process of deriving value from identity results from intense social and legal preoccupation with diversity. And it results in the commodification of nonwhite racial identity, with negative implications for both individuals and society.

This Article builds on Racial Capitalism in three ways. First, as a foundation, it expands the concept of racial capitalism to identity categories more generally, explaining that individual in-group members and predominantly in-group institutions—usually individuals or institutions that are white, male, straight, …

Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher

Michigan Journal of Gender & Law

Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.

R-Egg-Ulation: A Call For Greater Regulation Of The Big Business Of Human Egg Harvesting, Danielle A. Vera

Michigan Journal of Gender & Law

When it comes to young healthy women “donating” their eggs, America has a regulation problem. This Note explains the science behind the harvesting of human eggs, focusing on potential egg donors, and describes the specific factors that make egg donation a unique type of transaction. It describes the current regulatory status of the assisted reproductive technology industry in the United States and highlights the ways in which this scheme fails to protect egg “donors.” This Note concludes with a call for comprehensive regulation of the assisted reproductive technology industry.

Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell

Brooklyn Law Review

As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Consent Confusion, Aya Gruber

Cardozo Law Review

The slogans are ubiquitous: "Only 'Yes' Means 'Yes"'" "Got Consent?", "Consent is Hot, Assault is Not!" Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic "yes"?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today's widespread uncertainty …

The Roberts Court And The New Textualism, Anton Metlitsky

Cardozo Law Review

The article explores the Roberts Court's approach to statutory interpretation, focusing on its adherence to the "new textualism," a methodology emphasizing the plain meaning of statutory text. While recent cases like King v. Burwell, Bond v. United States, and Yates v. United States appear to prioritize statutory purpose over textual meaning, the Court's reasoning reinforces its commitment to textualism by framing decisions within textualist methodology, even when outcomes seem to depart from strict textual interpretation.

Procedural Change In The First Ten Years Of The Roberts Court, Sarah Staszak

Cardozo Law Review

Chief Justice John Roberts has significantly influenced access to justice through his role in shaping the Federal Rules of Civil Procedure. His appointments to the Judicial Conference and its subcommittees have led to rule changes that favor corporate defendants and limit opportunities for individual plaintiffs, particularly through stricter discovery limits and higher pleading standards.

Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist

Dignity: A Journal of Analysis of Exploitation and Violence

Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …

Nonmarriage, June Carbone, Naomi Cahn

Maryland Law Review

Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …

Pregnancy, Thomas Simmons

Faculty Publications

No abstract provided.

Recovering Socialism For Feminist Legal Theory In The 21 St Century, Cynthia Grant Bowman

Cornell Law Faculty Publications

This Article argues that a significant strand of feminist theory in the 1970s and 1980s — socialist feminism — has largely been ignored by feminist jurisprudence in the United States and explores potential contributions to legal theory of recapturing the insights of socialist feminism. It describes both the context out of which that theory grew, in the civil rights, anti-war, and anti-imperialist struggles of the 1960s, and the contents of the theory as developed in the writings of certain authors such as Heidi Hartmann, Zillah Eisenstein, and Iris Young, as well as their predecessors in the U.K., and in the …

Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe

William & Mary Law Review

No abstract provided.

Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland

Law School Blogs

No abstract provided.

Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs

Faculty Scholarship

Sex-based laws premised on archaic presumptions about the proper roles of men and women run afoul of established constitutional principles, especially when they interfere with the parent-child relationship. Amici write to explain the history of the federal government’s use of sex-based classifications in the regulation of citizenship. In its regulation of intergenerational and interspousal citizenship transmission, the federal government has perpetuated outdated gender-based norms concerning proper parental roles, even when those norms have been rejected in other legal and social contexts. In addition, the laws governing derivative citizenship have significantly encumbered the ability of American fathers to transmit citizenship to …

A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman

Northwestern University Law Review

The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …

An Evolution Of Tradition: Understanding The Unintended Effects Of The 1999 Inheritance And Marital Property Law On Intra-Family Relationships In Rwanda., Pete Freeman

Independent Study Project (ISP) Collection

In the months following the 1994 genocide in Rwanda, a disproportionate number of Rwandan women were left without husbands, homes, family, or property. These losses required women to take on cultural responsibilities hitherto reserved for men. One roadblock to assuming these responsibilities was the legal and cultural right of property ownership reserved exclusively for men. Then in 1999, the Rwandan government enacted legislation which allowed women and girls the rights to family property -- Law/nº 22/99 of 12/11/1999 on Matrimonial Regimes, Liberalities, and Successions. On paper, this Rwandan policy seemed like a step toward gender equality, a watershed moment in …

Why Feminist Legal Theory Still Needs Mary Joe Frug: Thoughts On Conflicts In Feminism, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

On Griswold And Women's Equality, Vivian E. Hamilton

Faculty Publications

No abstract provided.

Reskins: The Property Right To Racism, M. Alexander Pearl

Cardozo Law Review

Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable, Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …

Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski

Anthropology

Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …