Law and Gender Commons^™

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

What Personhood Means, Laura Portuondo

Michigan Law Review

A review of Personhood: The New Civil War over Reproduction. By Mary Ziegler.

"Speech Swept Up"—The Constitutionality Of State Prohibitions Of Conversion Therapy For Lgbtq+ Youth, Lauren A. Chivers

Washington Law Review

Since 2012, individual states have passed laws prohibiting state-licensed mental health professionals from engaging in conversion therapy with minor clients. Despite the breadth of research undermining its efficacy and documenting harms, the practice of conversion therapy persists. State regulation of conversion therapy—and thereby licensed professionals’ conduct with their clients—has emerged as a contentious issue for the judiciary. Most significantly, the U.S. Supreme Court weighed in on the matter for the first time in 2026. In Chiles v. Salazar, the Court addressed a challenge to Colorado’s conversion therapy ban, confronting fundamental questions about this unsettled area of First Amendment law. …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

The Gender Of International Criminal Law, Caroline L. Davidson

Michigan Journal of International Law

Notwithstanding the recognition of select gender-based crimes as international crimes and the International Criminal Court’s prosecutors’ professed commitment to seeking justice for gender-based crimes, core doctrines of international criminal law (ICL) obstruct accountability for gendered violence. This article identifies the overlooked gendered implications of a few substantive pillars of ICL: a de facto insistence on a connection to war (“war fetish”), a preoccupation with powerful men, and a focus on the “mastermind” of the crime to the exclusion of other culpable perpetrators.

These substantive pillars, some long-standing and some more recently erected, obscure the vast landscape of gender-based crimes and …

Sex On Trial, Nathalie Greenfield, Sandra L. Babcock

Cornell Law Faculty Publications

On January 21, 2025, the U.S. Supreme Court recognized in Andrew v. White that the State’s introduction of sexualizing evidence in a woman’s capital trial may violate due process. In Brenda Andrew’s case, prosecutors presented evidence about her sexual relationships, clothing, and style of underwear as proof that she was guilty of capital murder. Our research, supported by a grant from the National Science Foundation, reveals for the first time that the prosecution’s tactics in Brenda Andrew’s case were far from unique. Based on a systematic review of the trial transcripts of every woman currently on death row in the …

Violencia Cosificadora Contra Las Mujeres En La Era De La Ia Generativa: Sesgos, Poder Y Deshumanización Digital, Norma Mildret Pérez Alvarado

GDI. Revista de investigación de Género, Diseño e Innovación

La expansión de la Inteligencia Artificial generativa ha facilitado la producción y difusión masiva de imágenes no consentidas de mujeres y niñas, incluidas representaciones sexualizadas y formas de cosificación digital que pueden generarse y viralizarse con mínimos costos y barreras técnicas. Estas prácticas amplifican la escala y velocidad de la violencia basada en imágenes, al hacerla más accesible, replicable y difícil de contener.

El presente artículo sostiene que esta problemática no se agota en los deepfakes sexuales o en la denominada “desnudificación” digital de fotografías de mujeres. También comprende la generación de imágenes cosificadoras de mujeres que, aun sin contenido …

Non-Judicial Mechanism For Resolving Past Human Rights Violence In Indonesia; How Does It Redress Women Victims Of Sexual Violence?, Sri Wiyanti Eddyono, Audrey Anggita Ayuningtyas

The Indonesian Journal of Socio-Legal Studies

This paper examines whether the Indonesian government's non-judicial settlement for addressing past gross human rights violations (PGHRV) offers redress for the victims of sexual violence of past human rights violations. Indonesia has grappled to address past human rights violations through formal justice mechanisms. There are about 12 unresolved cases, more than half of which concerning sexual violence during conflict. This paper combined a socio-legal approach with mixed methods to gather data on the issue PGHRV: desk research and interviews with key persons involved in the non-judicial mechanism. Due to the heavy political pressure, the formal judicial mechanism reached a dead …

Speak Up, Pay Up: Why New York Should Enact The Speak Your Truth Act And End The Chilling Effect On Sexual Assault Survivors Following The #Metoo Era, Maya Burnette

Journal of Law and Policy

Sexual assault is one of the most prevalent forms of violence in the United States. It is also one of the least reported. With criminal and civil avenues often providing little justice, many survivors turned to the public to tell their stories. In the wake of the #MeToo movement, thousands of survivors publicly shared their experiences, prompting significant social and legislative change. Yet many who spoke out faced retaliatory defamation lawsuits filed by alleged abusers to silence them. These suits, commonly known as Strategic Lawsuits Against Public Participation (“SLAPP suits”), pose a substantial threat to survivors’ speech. Despite recent reforms, …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Policing Sex Trafficking: 'They’Re Never Taught, You Know', Anila S. Duro

Dissertations, Theses, and Capstone Projects

Research shows that victims of sex trafficking are most likely to first come in contact with the police (Baldwin et al, 2011; Twigg, 2017) and at times police have not been able to categorize cases of prostitution as trafficking even when trafficking elements were very clear (Dank et al, 2017; Dempsey, 2017; Farrell & Cronin, 2015). Despite the legal definition of trafficking, the terms prostitution, sex work, and sex trafficking are sometimes used interchangeably by law enforcement, whereas at other times, these words refer to different sets of circumstances and have different criminalization outcomes.  Research in this area is limited …

The Shadow Corroboration Doctrine In Sexual Violence Cases, Chris Cox

University of Cincinnati Law Review

No abstract provided.

Avoiding Pandora’S Box: Why Federal Nondiscrimination Statutes Do Not Prohibit Health Insurance Coverage Exclusions Of Sex-Rejecting Procedures, Rachel N. Morrison

Catholic University Law Review

There is increasing litigation over whether employer-provided health insurance and state Medicaid plans can exclude coverage of procedures for “gender transitions.” Plaintiffs claim that gender-transition coverage exclusions violate the Equal Protection Clause of the Fourteenth Amendment and federal nondiscrimination statutes. While Fourteenth Amendment claims should be foreclosed by the Supreme Court’s holding in Geduldig v. Aiello, nondiscrimination claims require a separate analysis.

This article shows the proper analysis for whether coverage exclusions of transition procedures violate federal nondiscrimination statutes. Looking to the history of coverage exclusion claims, Part I traces sex and pregnancy discrimination claims challenging coverage exclusions of …

Regulating Beauty: Advertising Restrictions, The First Amendment, And The Rise Of Social Media Models, Annie Miner

BYU Law Review

Unrealistic beauty standards in advertising have long raised concerns about their effects on body image and eating disorders, particularly for young women. While traditional means of advertising often use extremely thin models and digitally altered images, the shift in the advertising landscape towards an increased use of social media presents new challenges. Influencers have largely replaced models in advertising, and they often present unrealistic beauty standards, altered images, or dangerous eating and exercise habits to their young, impressionable audiences. In response to these concerns, several countries, including France, Norway, and Israel, have adopted regulations banning the use of ultrathin models …

“We Are Physically Alive But Mentally Dead”: The International Community Must Take Action To Ensure Women’S Right To Education In Afghanistan, Solveig J. Clifford

BYU Law Review

International treaties recognize the right to education as a fundamental human right. The Taliban, which currently act as the government as Afghanistan, are legally bound by treaty obligations to respect the right to education. The Taliban have banned women and girls from receiving education past the sixth grade, which is illegal under international law. During the Taliban’s previous regime in Afghanistan, they implemented a similar policy, which had disastrous results for an entire generation of Afghan women. Once again, the education ban is causing severe harm to the women and girls of Afghanistan. The international community has failed to take …

Antidiscrimination, Not Anti-Dei: The Real Story Of The Supreme Court’S Recent Title Vii Precedent, Madeline Meth

BYU Law Review

For several years, my colleague and I had been litigating employment discrimination cases with facts that shocked our friends and family. For example, we fought Dallas County over a women-work-the-weekend policy that required women detention officers to work weekends while male colleagues took the weekends off. Likewise, we challenged the City of Cleveland when it moved our client, an emergency medical services supervisor, from the day shift to the night shift explicitly because he is Black. Then, in April 2024, in one of our client’s cases, Muldrow v. City of St. Louis, the U.S. Supreme Court unanimously overruled the decades …

Beyond The Ban: Chhaupadi Abolition And The Governance Of Menstrual Autonomy In Western Nepal, Nikita Paudel

Master in Public Policy Theses

This thesis examines how two decades of efforts to abolish chhaupadi have shaped the everyday conditions under which women and girls experience menstruation in western Nepal. Chhaupadi, commonly understood as menstrual seclusion, has been addressed through Supreme Court directives, national policy, criminal law, municipal implementation instruments, hut demolition campaigns, public health programming, and rights-based advocacy. Yet the practice has persisted, adapted, and in some cases moved into less visible spaces. Rather than treating this as a simple gap between law and practice, this thesis asks how abolition efforts themselves have become part of the regulatory regime through which menstruation is …

Trapped By Immunity: Women, Prisons, And The Need For Obvious Clarity, Alexandria E. Hatten

Mercer Law Review

For many Americans, the mere thought of the prison system evokes great fear and uncertainty. The fear is justified and reflected through rampant reports of sexual abuse, exploitation, and abuse of power by prison officials. Lack of privacy in prisons is largely supported and expected. The general population of prisons have unique safety concerns which require closer surveillance and diligent observation by correctional officers. Prison officers are tasked with ensuring that all contraband stays out of inmate possession—notwithstanding the constant changes of the general population. The security interests of a prison also extend to prison visitors. The known security concerns …

Adaptability From Tv & Film Into Theatre | The Subversion Inspiration In Celia’S Identity Versatility Throughout William Shakespeare’S As You Like It, Emani White

LSU New Orleans Theses and Dissertations

This thesis explores the inspiration of adaptability skills, pivoting from television and film into theatre, and the potential of unconventional pathways as a catalyst for reconciling anti-traditionalism within the mediums. It offers insight into the obstacles, segues, and adversities faced during the journey of a former athlete turned television and film actor, and into a theatre actor. It illuminates agency as a subversive identity (the disguise), the sacrifice of status, and the need for an emotional anchor of resilience—acknowledging the systemic transitional barriers in performance, career, and education. The paper also discusses the understandings gained from my journey as an …

Unconstitutional Cruelty, Michael R. Ulrich

William & Mary Law Review

Despite the long history of transgender people and transgender care, state legislatures suddenly rushed to pass a wave of bans on gender-affirming medical care for trans youth over a three-year period beginning in 2021—an alarming surge within a flurry of legal attacks on the transgender community. In analyzing the constitutionality of these bans, courts and scholars have focused their attention on how to characterize the nature of the rights implicated, and therefore the level of scrutiny warranted. This focus reacts to, and often follows, the current Supreme Court majority’s approach to questions about the rights of historically oppressed and marginalized …