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Articles 211 - 240 of 326
Full-Text Articles in Law and Gender
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
The First Pride Was A Riot: How Queer Activism Has Partnered With Police To Hurt The Community’S Most Vulnerable, Delaney Nevius
UC Law SF Journal on Gender and Justice
Summarizing the history and development of queer rights activism in San Francisco, this article reflects upon the legal goals of the queer community in San Francisco from 1960 to the present, observing a movement away from law enforcement resistance and towards collaboration and placing the community’s most vulnerable, queer people of color, at risk. The author outlines and problematizes three potential legal goals for the queer community moving forward: a constitutional claim of police misconduct, hate crime legislation, and police reform tactics.
I Don’T Understand, Ryan Khojasteh
I Don’T Understand, Ryan Khojasteh
UC Law SF Journal on Gender and Justice
A poem expressing confusion and frustration at the lack of action taken by legislators to ensure women’s rights and an end to gun violence.
Foreword, Sonja Arndt
Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green
Courts Rule Too Narrowly Regarding The Right To Wear Religious Clothing In Public, Kendyl L. Green
UC Law SF Journal on Gender and Justice
For numerous years, state and institutional rules have barred individuals from wearing religious clothing. Specifically, this issue has arisen in the military, the workplace, police departments, prisons, and public schools. Wearing religious clothing, particularly head coverings, is a vital aspect of Judaism, Islam, and Sikhism. The United States Constitution upholds the right to religious liberty in the First and Fourteenth Amendments. Additionally, the Religious Freedom and Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act of 1964, and the Religious Land Use and Institutionalized Persons Act (RLUIPA) statutes also protect religious freedom. Below, cases are examined that …
Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans
Romance Or Sexual Assault? Ambiguity Of Sexual Consent In The Media And How Yes Means Yes Legislation Can Help, Courtney Anne Groszhans
UC Law SF Journal on Gender and Justice
Before the reckoning of Me Too and the Time's Up Movement, legislation was being passed trying to prevent the numbers of sexual assault on college campuses with the Yes Means Yes legislation. Yes Means Yes Legislation often received the critique that people would have to sign a contract before engaging in sexual activity. However, upon reflection, a part of why Yes Means Yes sounds so severe is the American public is bombarded with an idea of romance in Hollywood movies that are arguably non-consensual and could be viewed as illegal depending on the targeted audience. Below these messages are further …
De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko
De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko
American University Law Review
No abstract provided.
Removing State Constitution Badges Of Inferiority, Allan W. Vestal
Removing State Constitution Badges Of Inferiority, Allan W. Vestal
Lewis & Clark Law Review
Our state constitutions contain archaic, ineffective, and unnecessary provisions that assign badges of inferiority to some citizens. Using Thomas Jefferson’s standard for when constitutional imperfections justify amendment, this Article identifies two groups of clauses. The first are provisions that were substantially exclusionary as enacted and relate to unconstitutional practices. Included are provisions relating to religious tests for public office, segregated schools, bars to marriage equality, and religious tests for witness competency. The second group are provisions that were symbolically exclusionary as enacted and are redolent of a prejudiced history. Examples involve the use of gendered language, clauses which make inappropriate …
“Sex” Is Messy (And Always Has Been): A Textualist Argument For Application Of Title Vii To Sexual Orientation Discrimination, Rebecca J. Ok
“Sex” Is Messy (And Always Has Been): A Textualist Argument For Application Of Title Vii To Sexual Orientation Discrimination, Rebecca J. Ok
Lewis & Clark Law Review
Three recent cases have created a circuit split as to whether Title VII’s prohibition on discrimination “because of . . . sex” applies to sexual orientation discrimination, priming this issue for Supreme Court review. Events suggesting a textualist turn on the Supreme Court mean the advocate must consider whether a textualist argument can be made for application of Title VII to sexual orientation discrimination. Treatment of the topic of sexual orientation by the medical community, the commercial film industry, and the mainstream news media in the 1960s is examined. It is argued that treatment of the topic of sexual orientation …
Gender Identity And Domestic Legal Status, Margaret Butler
Gender Identity And Domestic Legal Status, Margaret Butler
Faculty Publications By Year
No abstract provided.
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
The word “feminism” means different things to its many supporters (and undoubtedly, to its detractors). For some, it refers to the historic struggle: first to realize the right of women to vote and then to eliminate explicit discrimination against women from the nation's laws. For others, it is a political movement, the purpose of which is to raise awareness about and to overcome past and present oppression faced by women. For still others, it is a philosophy--a system of thought--and a community of belief centering on attaining political, social, and economic equality for women, men, and people of any gender. …
Rewriting Judicial Opinions And The Feminist Scholarly Project, Bridget J. Crawford
Rewriting Judicial Opinions And The Feminist Scholarly Project, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
In 1995, the authors of a law review article examining “feminist judging” focused on the existing social science data concerning women judges and compared the voting records and opinions of the only female Justices on the U.S. Supreme Court: Ruth Bader Ginsburg and Sandra Day O'Connor. Based on this review, the authors concluded that appointing more women as judges would make little difference to judicial outcomes or processes. The authors accused those who advocated for more women on the bench of having a hidden feminist agenda and bluntly concluded that “[b]y any measure, feminist judges fit very uneasily in most …
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Equal Work, Stephanie Bornstein
Equal Work, Stephanie Bornstein
UF Law Faculty Publications
Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …
The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle
The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle
Cardozo Law Review de•novo
Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a flurry of lawsuits in federal court. In March 2018, President Trump issued a revised policy that …
Asylum, Immigration, And Gender Identity: Scholarship And Strategies For Advocacy, Margaret Butler
Asylum, Immigration, And Gender Identity: Scholarship And Strategies For Advocacy, Margaret Butler
Faculty Publications By Year
No abstract provided.
Family Law And Gender Identity: Legal Issues Arising When Marrying And Parenting While Trans, Margaret Butler
Family Law And Gender Identity: Legal Issues Arising When Marrying And Parenting While Trans, Margaret Butler
Faculty Publications By Year
No abstract provided.
Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner
Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner
All Faculty Scholarship
This article focuses on the search for gender equity among women faculty in the university setting in the United States. The author advocates for the use of university task forces and the institutionalization of bestpractices for achieving gender equity as means to remove the persistent barriers to professional advancement experienced by many women faculty. Discriminatory treatment of faculty based on gender may be hidden andremain unacknowledged in some universities, so the process of uncovering such treatment and formulating recommendations for change is an important first step in the process of creating a work environment that is both fair and inviting …
Index: Sports Law In Law Reviews And Journals, Jordan Lysiak
Index: Sports Law In Law Reviews And Journals, Jordan Lysiak
Marquette Sports Law Review
None
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Gender Identity Discrimination In The Workplace And Education: Title Vii And The Title Ix, Margaret Butler
Gender Identity Discrimination In The Workplace And Education: Title Vii And The Title Ix, Margaret Butler
Faculty Publications By Year
No abstract provided.
Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler
Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler
Faculty Publications By Year
No abstract provided.
Gender-Affirming Health Care, Autonomy, And Bias In Insurance And The Law, Margaret Butler
Gender-Affirming Health Care, Autonomy, And Bias In Insurance And The Law, Margaret Butler
Faculty Publications By Year
No abstract provided.
The Quixotic Quest For Gender Equality In The Workplace, Kingsley R. Browne
The Quixotic Quest For Gender Equality In The Workplace, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
2018 Iaohra Gender Equity Toolkit, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
2018 Iaohra Gender Equity Toolkit, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
Human rights provide a valuable tool for assessing and advancing women’s human rights; proactively identifying and changing the laws, policies, and practices that perpetuate inequality; addressing the stereotypes and beliefs that underlie gender discrimination; and shaping initiatives that improve gender equity.
Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias
Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias
Law Faculty Publications
President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …
Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney
Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney
UIC Law Review
No abstract provided.
Against Nonmarital Exceptionalism, Albertina Antognini
Against Nonmarital Exceptionalism, Albertina Antognini
Law Faculty Scholarly Articles
The Supreme Court’s opinion on the right to marry in Obergefell v. Hodges, inspired a flurry of scholarship on the topic of nonmarriage. In the wake of that decision, scholars have made claims about the state of nonmarriage, and also laid claim to it — embracing the nonmarital legal space that remains. This Article intervenes in the literature by looking at how the law directly interacts with unmarried couples — in distributing property when their relationship ends. The overview of the cases leads to one central claim: the law of nonmarriage as it currently stands remains deeply tethered to marriage, …
Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright
Journal of Criminal Law and Criminology
As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …
Federalism And Gender Equality, Susan H. Williams
Federalism And Gender Equality, Susan H. Williams
Articles by Maurer Faculty
Despite the enormous literature on federalism in constitutional design, and the growing attention to gender equality in constitutional design, there has been remarkably little attention paid to the interaction between the two. This article seeks to provide a summary of the existing literature on this intersection, to apply the insights of that literature to the case of Myanmar, and to offer a contribution concerning the theoretical connections between federalism and gender equality. The analysis generates four primary conclusions. First, federalism is inherently neither good nor bad for gender equality: it all depends on the details of the federal system and …
Faith-Based Emergency Powers, Noa Ben-Asher
Faith-Based Emergency Powers, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a legal strategy in the culture wars. This typically involves carving faith-based exceptions to rights of women and LGBT people. The novel concept of Faith-Based Emergency Powers is developed in this Article through an analogy to “traditional” emergency powers. In the war-on-terror, conservatives have argued that judges, legislators and the public must defer to the President and the executive branch in matters involving national security. As scholars have shown, this position has three …