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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Title Ix's Trans Panic, Deborah L. Brake Jan 2023

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …


Gender And The Law: Revisiting The Legacy Of A Feminist Icon, Deborah L. Brake Jan 2023

Gender And The Law: Revisiting The Legacy Of A Feminist Icon, Deborah L. Brake

Book Chapters

Justice Ginsburg attained celebrity status in her later years as the voice of feminism from the bench, but her influence on law and gender was not always so venerated. For much of her career, feminist scholarly criticism of her gender jurisprudence was sharp. Critics called the approach “formal equality,” pointing out that it benefited those women most similarly situated to men. The criticism echoed that leveled against her strategy as a litigator representing male plaintiffs. In recent years, Justice Ginsburg’s legacy has been burnished by a fresh interpretation crediting it with a more robust vision of gender equality than previously …