Law and Gender Commons^™

The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo

UC Law SF Journal on Gender and Justice

This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model …

Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak

UC Law SF Journal on Gender and Justice

This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.

The Divide Press Release For Author Sylvia Ryerson, Sally Brown

Promotion

The Divide Exhibit with presentation by Author Sylvia Ryerson press release.

Ryerson’s presentation, “Restoring Families: Overcoming Stereotypes and the Failure of Mass Incarceration,” will complement the visual perspective of The Divide, WVU Multimedia Producer and photojournalist Raymond Thompson’s exhibit of photographs on display in the Downtown Campus Library Atrium.

Title Ix In The Technological Age - Challenging Rape Culture And Myths Through Fairer Use Of Electronic Communications, Drew Simshaw

Scholarly Works

No abstract provided.

Shame Agent, Joan W. Howarth

Scholarly Works

As a nation, we have recently experienced a significant positive shift in norms against casual campus sexual violence. These changes are perhaps as dramatic as the attitudinal shifts over recent decades regarding drunk driving or cigarette smoking. In a world in which masculinity is too often associated with sexual conquest, and women still suffer under intense and conflicting pressures regarding their sexual behavior, pushing this potential transformation forward is both difficult and necessary. Enforcement of Title IX protections has become a crucial driver of much of this change.

This is an account of some of what I learned as a …

Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Scholarly Works

This essay provides an overview of the purposes, themes and scholarly methodologies evidenced at the October 2016 conference, The U.S. Feminist Judgments Project: Writing the Law, Rewriting the Future, a two-day conference hosted by the Center for Constitutional Law at the University of Akron School of Law. This essay provides some of the background to the development of the path-breaking book, Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Cambridge University Press, 2016). It also focuses attention on the importance of diversity on the bench, with a particular need for judges who understand or experience the intersecting …

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …

Bullying And The Laws Pertaining To It, Jennifer Levi

Faculty Scholarship

This Article describes the climate of anti-gay sentiment and fear that has made it difficult for lesbian, gay, bisexual, and transgender (LGBT) students to come out or to seek support within school communities. The 1970s Miami - Dade Gay Rights Ordinance (the so-called Save Our Children campaign) fostered a climate of silence and invisibility that eventually morphed into overt hostility toward LGBT students across most student populations in the country.

The Author cites contemporary data showing dramatically high rates of hostility, including bullying and harassment, toward LBGT students. She summarizes the steps taken by the U.S. Department of Education to …

¡Que Viva The Scholar!, Bill Piatt

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

Abstract forthcoming.

Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack

Articles

Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the “opt-out” mom, many more mothers are squeezed out of the external workplace. But mothers that try to return to work may discover that it is difficult to do so, as employers have been shown to be less likely to hire mothers than others. A mother that does reenter may find that even short periods out of work cost (sometimes far) …

Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin

UIC Law Open Access Faculty Scholarship

One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …

Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …

The Abortion Closet (With A Note On Rules And Standards), David E. Pozen

Faculty Scholarship

An enormous amount of information and insight is packed into Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First Century America. The book is anchored in post-1973 American case law. Yet it repeatedly incorporates examples and ideas from popular culture, prior historical periods, moral philosophy, feminist theory, medicine, literature and the visual arts, and more.

Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer

Articles

Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Law Faculty Articles and Essays

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and the EEOC—that sexual orientation …

Blurred Lines—Intersexuality And The Law: An Annotated Bibliography, Pat Newcombe

Faculty Scholarship

This Bibliography gathers, organizes, and annotates relevant law review articles (and one monograph) dealing with legal issues concerning intersexuality. Articles are included to introduce researchers to the intricacies involved in the discussion of intersexuality, to examine issues of medical interventions, and to explore possibilities of judicial relief within the existing framework.

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Glocalizing Women's Health And Safety: Migration, Work, And Labor, Berta E. Hernández-Truyol

UF Law Faculty Publications

Worldwide, women's equality remains elusive in the social, political, civil, economic and cultural spheres. Such reality presents a challenge in the movement of persons across state borders because, globally, the world is experiencing a feminization of migration. In turn, the feminization of migration effects threats to the health and safety of migrant women, whose well-being is in peril at all stages of the migration journey – from the country of origin, to the transit states, to the receiving state – from smugglers and official actors alike. Because the globalization discourses exclude the movement of persons and focus on the movement …

Gender-Selective Service: The History And Future Of Women And The Draft, Elizabeth Farrington

University of Arkansas at Little Rock Law Review

No abstract provided.

The Smell Of Neglect : A Trans-Corporeal Feminism For Environmental Justice, Dayna Scott

Articles & Book Chapters

Environmental justice struggles are increasingly contests waged over data and knowledge, involving claims of expertise and counter-expertise (Corburn 2003). A common observation is that a reliance on formal science elevates the data generated by accredited knowledge professionals to a prime political position, ‘leaving little or no room for the layperson’ (Fischer 2000: 51; Yearley 2000). This results in a growing tension between those who have ‘knowledge’ and those who do not, as well as the active re-negotiation of those categories (Wiebe 2013). Residents of pollution hotspots and their allies in the environmental justice movement make a normative claim for valuing …

Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Jocelyn Getgen Kestenbaum

Articles

No abstract provided.

How Strange The Change From Major To Minor, Peter Goodrich

Articles

No abstract provided.

The Constitution Of Mothers: Gender Equality And Social Reproduction In The United States And The World, Julie C. Suk

Articles

The article explores the resurgence of the Equal Rights Amendment (ERA) in the United States, highlighting its potential to address ongoing gender inequalities and the role of social reproduction in modern society. It argues that the ERA, if ratified, could move beyond symbolic significance by integrating lessons from global constitutionalism, particularly the synthesis of gender equality and motherhood protections seen in European constitutions.

Marriage Matters In December, Arthur S. Leonard

Other Publications

No abstract provided.

Theorizing Time In Abortion Law And Human Rights, Joanna Erdman

Articles, Book Chapters, & Popular Press

The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by …

Welcome To The Revolution, Kim Brooks

Articles, Book Chapters, & Popular Press

If you were able to close your eyes in 1867 and open them in 2017, you’d find that Canada was a surprisingly different place. Women have made sure of that.

The revolution has come along two axes. First, there is the dramatic increase in women’s participation in every aspect of public life—from education to the paid workforce, to public office, to science and the arts. Second, there is the effect of that engagement on the way Canada has evolved. If you could close your eyes again, take women’s public participation out of the equation, and then open them, Canada would …

A Constitutional Future For Abortion Rights In Canada, Joanna Erdman

Articles, Book Chapters, & Popular Press

In 2015, Abortion Access Now PEI legally challenged the restrictive abortion policy of Prince Edward Island. This article studies their challenge as a unique case in the building of a constitutional future for abortion rights in Canada. The article tracks how AAN PEI drew on classic rule of law arguments of transparency, accountability, and constitutional justice to shape and claim abortion rights as democratic rights, an entitlement to fully and equally participate in and benefit from the health care system as a fundamental social institution of the state.

Judging Sexual Assault Trials: Systemic Failure In The Case Of Regina V Bassam Al-Rawi, Elaine Craig

Articles, Book Chapters, & Popular Press

The recent decision to acquit a Halifax taxi driver of sexual assault in a case involving a very intoxicated woman, who was found by police in the accused’s vehicle unconscious and naked from the breasts down, rightly sparked public criticism and consternation. A review of the trial record in Al-Rawi, including the examination and cross-examination of witnesses, the closing submissions of the Crown and defence counsel, and the trial judge’s oral decision suggests a failure of our legal system to respond appropriately to allegations of sexual assault - a failure for which, the author argues, both the trial judge and …

The Rules Of Maternity, Dara Purvis

Faculty Scholarship

A diverse body of laws and regulations speaking to reproductive rights, healthcare, criminal punishment of drug use, termination of parental rights, and more creates the rules of maternity. These rules are guidance provided both obliquely and explicitly by the law's coercive power telling women both how to and who should mother. Rule one begins in pregnancy, with the message that "your body is your child's vessel." During pregnancy, women are counselled that doctor knows best. After the child's birth, the mother remains responsible for the people who enter a child's life, leading to rule 3: "mothers must always protect." …