Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (77)
- Legal Education (60)
- Legislation (21)
- Civil Rights and Discrimination (9)
- Constitutional Law (7)
-
- Health Law and Policy (7)
- Labor and Employment Law (6)
- Education Law (5)
- Medical Jurisprudence (4)
- Taxation-State and Local (4)
- Human Rights Law (3)
- Law and Society (3)
- Privacy Law (3)
- State and Local Government Law (3)
- Disability Law (2)
- Jurisprudence (2)
- Law and Race (2)
- Sexuality and the Law (2)
- Tax Law (2)
- Accounting Law (1)
- Administrative Law (1)
- Admiralty (1)
- Agency (1)
- Agriculture Law (1)
- Air and Space Law (1)
- Animal Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 30 of 100
Full-Text Articles in Law and Gender
Menstrual Justice After Dobbs, Margaret E. Johnson
Menstrual Justice After Dobbs, Margaret E. Johnson
All Faculty Scholarship
This Article identifies and analyzes the category of state and private regulation that is invisible and subordinates women and other menstruators in ways that impact their privacy, liberty, and equality. Because this category of regulation is pervasive, bringing it to light is critical for considering how best to curb its harm. This Article considers potential legal strategies to counter such menstruation regulation and argues that Dobbs v. Jackson Women’s Health Organization offers some promise—but more cause for pessimism—regarding the U.S. Constitution’s power to do so. This Article therefore explains how subconstitutional law offers greater potential, while cautioning that political science …
Menstruation, Menopause, And The Pregnant Workers Fairness Act, Marcy L. Karin, Deborah Widiss
Menstruation, Menopause, And The Pregnant Workers Fairness Act, Marcy L. Karin, Deborah Widiss
Articles by Maurer Faculty
Some workplaces are extraordinarily inhospitable to menstruators, especially those in low-wage jobs. Workers have been denied restroom breaks and then harassed or fired after menstrual blood leaked onto their clothes or their employer’s property. Employers routinely refuse to provide accommodations for menopause symptoms or time off for menstruation-related medical care. The failure to support menstruators is a significant barrier to ensuring workplace equality. This Article explains how federal laws, including the landmark Pregnant Workers Fairness Act (PWFA), can—and should—be interpreted to help address these inequities. PWFA requires employers to provide “reasonable accommodations” for “pregnancy, childbirth, or related medical conditions.” Menstruation …
On The Human Right To Healthy Menstruation, Bridget J. Crawford
On The Human Right To Healthy Menstruation, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This short essay introduces the Bellagio Declaration on the Human Right to Healthy Menstruation, a statement signed by an interdisciplinary group of academics, artists, policymakers, clinicians, and practitioners in 2024. The Declaration frames the human right to healthy menstruation as including (1) non-discrimination on the basis of menstruation; (2) dignity in all matters related to menstruation; (3) access to facilities, resources, and supplies that facilitate the management of menstruation in a manner that is affordable and safe and that fosters a clean, healthy, and sustainable environment; (4) lifelong access to timely and medically accurate information about all aspects of menstruation; …
What Is In Your Tampon? Increasing Transparency In Menstrual Products, Elianna Spitzer
What Is In Your Tampon? Increasing Transparency In Menstrual Products, Elianna Spitzer
Seattle University Law Review
The average person who menstruates will bleed for an average of five days, every twenty-four to thirty-eight days, over several decades and could use thousands of disposable menstrual products in their lifetime. Menstrual products line retail shelves. They can be found in homes, bags, and bodies—but until 2021, manufacturers were not required to disclose the ingredients used to make these products to consumers at all. In fact, they still are not federally required to disclose menstrual product ingredients on product packaging. Instead, in recent years, changes to menstrual product labels have largely been the result of state legislation. In 2019, …
Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman
Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman
Michigan Journal of Gender & Law
Title IX of the Education Amendments Act of 1972 (“Title IX”) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define “sex” to include discrimination on the basis of menstruation or related conditions such as perimenopause and menopause. This textual absence has caused confusion over whether Title IX must be interpreted to protect students and other community members from all types of sex-based discrimination. It also calls into question the law’s ability to break down systemic sex-based barriers related to menstruation in educational spaces. Absent an interpretation that there …
Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson
Title Ix And "Menstruation Or Related Conditions", Bridget J. Crawford, Emily Gold Waldman, Marcy L. Karin, Naomi R. Cahn, Elizabeth B. Cooper, Margaret E. Johnson
Elisabeth Haub School of Law Faculty Publications
Title IX of the Education Amendments Act of 1972 (“Title IX”) prohibits sex discrimination in educational programs or activities receiving federal financial assistance. Neither the statute nor its implementing regulations explicitly define “sex” to include discrimination on the basis of menstruation or related conditions such as perimenopause and menopause. This textual absence has caused confusion over whether Title IX must be interpreted to protect students and other community members from all types of sex-based discrimination. It also calls into question the law's ability to break down systemic sex-based barriers related to menstruation in educational spaces. Absent an interpretation that there …
Menstruation In A Post-Dobbs World, Emily Gold Waldman, Bridget J. Crawford
Menstruation In A Post-Dobbs World, Emily Gold Waldman, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
In this Essay, we re-examine our 2022 book, Menstruation Matters: Challenging the Law's Silence on Periods, through multiple related lenses, including the human rights, sustainability, and workplace issues emphasized by our three reviewers; the COVID-19 pandemic; and the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. All of these perspectives converge on the inherent dignity and autonomy interests in being able to manage one's own body. Menstruation and related conditions like breastfeeding, pregnancy, and menopause should not be sources of shame or stigma. Nor should they be vectors of formal control by the government or de facto exclusion …
Time Off Work For Menstruation: A Good Idea?, Deborah Widiss
Time Off Work For Menstruation: A Good Idea?, Deborah Widiss
Articles by Maurer Faculty
In February 2023, Spain became the first European country to guarantee “menstrual leave” for workers, joining several countries, mostly in East Asia, that have long done so. It has also become increasingly common for companies to offer paid time off to menstruators as a discretionary benefit. Reports on these developments are almost always accompanied by criticism from self-identified feminists voicing concern that the policies will spur discrimination against women or reinforce stereotypes about menstruators as incapable workers. This echoes earlier arguments over maternity leave. In their groundbreaking book, Menstruation Matters, Bridget Crawford and Emily Waldman expose myriad ways in which …
Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman
Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman
Faculty Scholarship
Title IX protects against sex-based discrimination and harassment in covered education programs and activities. The Biden Administration's recently proposed Title IX regulations do not, however, include discrimination on the basis of menstruation or related conditions as a form of discrimination based on sex. This comment on the proposed regulations explains why the regulations should include conditions related to menstruation and recommends changes for how to do so.
Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin
Bar Exam Policies On Menstruation Still Fall Short, Margaret E. Johnson, Elizabeth B. Cooper, Marcy Karin
Menstrual Policies and the Bar
No abstract provided.
Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Vermont Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Wisconsin Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Wisconsin Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Washington State Bar Association, Legislation/Civil Rights Clinic
Letter To Washington State Bar Association, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To New Mexico Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To New Mexico Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To New Hampshire Supreme Court, Office Of Bar Admissions, Legislation/Civil Rights Clinic
Letter To New Hampshire Supreme Court, Office Of Bar Admissions, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To The Board Of Law Examiners For The State Of North Carolina, Legislation/Civil Rights Clinic
Letter To The Board Of Law Examiners For The State Of North Carolina, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Board Of Bar Examiners, Supreme Court Of Ohio, Legislation/Civil Rights Clinic
Letter To Board Of Bar Examiners, Supreme Court Of Ohio, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To New Jersey Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To New Jersey Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Bar Admissions Administrator, Commonwealth Of The Northern Mariana Islands Supreme Court, Legislation/Civil Rights Clinic
Letter To Bar Admissions Administrator, Commonwealth Of The Northern Mariana Islands Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Regulatory Counsel, Oregon State Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Regulatory Counsel, Oregon State Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Board Of Bar Examiners, Commonwealth Of Puerto Rico Supreme Court, Legislation/Civil Rights Clinic
Letter To Board Of Bar Examiners, Commonwealth Of Puerto Rico Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Chief Appellate Clerk, Palau Supreme Court, Legislation/Civil Rights Clinic
Letter To Chief Appellate Clerk, Palau Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Bar Administrator, Rhode Island Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Bar Administrator, Rhode Island Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Arkansas State Board Of Law Examiners, Legislation/Civil Rights Clinic
Letter To Arkansas State Board Of Law Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Utah State Bar, Legislation/Civil Rights Clinic
Letter To Utah State Bar, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Committee Of Bar Examiners, Supreme Court Of The Virgin Islands, Legislation/Civil Rights Clinic
Letter To Committee Of Bar Examiners, Supreme Court Of The Virgin Islands, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Virginia Board Of Bar Examiners, Legislation/Civil Rights Clinic
Letter To Virginia Board Of Bar Examiners, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.
Letter To Administrator For Attorney Services Division, Nebraska Supreme Court, Legislation/Civil Rights Clinic
Letter To Administrator For Attorney Services Division, Nebraska Supreme Court, Legislation/Civil Rights Clinic
Menstrual Policies and the Bar
No abstract provided.