Conditions Of Participation: Incorporating The History Of Hospital Desegregation,
2023
University of Washington School of Law
Conditions Of Participation: Incorporating The History Of Hospital Desegregation, Sallie Sanford
Articles
Our students ought to know about the history of formal hospital segregation and desegregation. To that end, this article urges those who teach foundational health law and policy courses to do three things. First, to teach the Simkins case. Second, to swap out the usual Medicare signing ceremony picture for one that includes W. Montague Cobb, M.D., Ph.D. Third, to highlight how the implementation of that program for the elderly led, in a matter of months, to the desegregation of hospitals throughout the country.
Zab V. R.I. Dep’T Of Corrs., 269 A.3d 741 (R.I. 2022).,
2023
Candidate for Juris Doctor, Roger Williams University School of Law
Zab V. R.I. Dep’T Of Corrs., 269 A.3d 741 (R.I. 2022)., Michaela A. Conley
Roger Williams University Law Review
No abstract provided.
Changemakers: From The Classroom To The Courtroom: Miguel Garcia,
2023
Roger Williams University
Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Remediating Injustices For Black Land Loss: Taking The Next Step To Protect Heirs' Property,
2023
University of Oklahoma College of Law
Remediating Injustices For Black Land Loss: Taking The Next Step To Protect Heirs' Property, Phyllis C. Taite
Faculty Articles
No abstract provided.
Fighting For Whiteness In Ukraine,
2023
University of Richmond School of Law
Fighting For Whiteness In Ukraine, Marissa Jackson Sow
Law Faculty Publications
Teri McMurtry-Chubb’s Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy offers groundbreaking insights into the gendered economic hierarchies internal to the body politic of whiteness through its examination of the limitations that plantation overseers’ contracts in the American Deep South placed on their ability to exercise the proprietorship and contracting authority prerequisite to white identity. This Essay uses the Ukrainian campaign to be recognized as a liberal white nation, and formally become a member of the West, as a contemporary case study of how whiteness remains hegemonized and subject to the ability …
Due Process Deportations,
2023
University of Washington School of Law
Due Process Deportations, Angelica Chazaro
Articles
Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded counsel for immigrants would improve due process and fairness, as well as make immigration enforcement more efficient. This Article argues the opposite: Federally funded counsel is the wrong goal. The majority of expulsions of immigrants now happen outside immigration courts— and thus are impervious to immigration lawyering. Even for those who make it …
Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy,
2023
Washington University in St. Louis School of Law
Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury
Scholarship@WashULaw
This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …
Letter From The Editor,
2023
American University Washington College of Law
Letter From The Editor, Adriana E. Morquecho
American University Journal of Gender, Social Policy & the Law
It is an honor to write this editor’s note for Volume 30.2 of the Journal of Gender, Social Policy & the Law (“Journal”) commemorating our Symposium co-hosted by the National Institute for Workers’ Rights (“Institute”), “Enhancing Anti-Discrimination Laws in Education & Employment.” The Symposium and this Volume are a culmination of months of tireless work to draw attention to an area of law needing greater attention—employment and education discrimination
Panel 1 - Towards Effective Governmental Intervention: Ending Discrimination In The Workplace,
2023
American University Washington College of Law
Panel 1 - Towards Effective Governmental Intervention: Ending Discrimination In The Workplace, Rebecca Salawdeh, Patrick Patterson, Victoria Lipnic, Carol Miaskoff, Hnin Khaing
American University Journal of Gender, Social Policy & the Law
FACILITATOR: Good morning, everyone and welcome to the “Enhancing Antidiscrimination Laws in Education and Employment Symposium”, hosted by the American University Journal of Gender, Social Policy & the Law, the American, and the National Institute for Workers’ Rights (“Institute”). And without further ado, let me pass it off to the Institute’s board president, Rebecca Salawdeh
Panel 2 - Unreported Shortcomings Of Title Ix,
2023
American University Washington College of Law
Panel 2 - Unreported Shortcomings Of Title Ix, Lisa Taylor, Leslie Annexstein, Elizabeth Kristein, Natasha Martin, Elizabeth Kristen
American University Journal of Gender, Social Policy & the Law
MODERATOR: Hello, everyone, and welcome to our second panel, Unreported Shortcomings of Title IX. I’m going to start off with a quick introduction of our moderator. Today we have Dean Lisa Taylor who is our Dean for Diversity, Inclusion and Affinity Relations at WCL. She is much beloved by students of the Journal and students of WCL in general. And I know she is going to kick off a great panel. Dean Taylor, it’s all yours.
Panel 4 - Severe Or Pervasive: Towards Empowering Workers,
2023
American University Washington College of Law
Panel 4 - Severe Or Pervasive: Towards Empowering Workers, Allegra Fishel, Joe Sellers, Bernice Yeung, Ann Mcginley, Alexis Ronickher
American University Journal of Gender, Social Policy & the Law
FACILITATOR: All right. We’re back and I wanted to introduce our moderator for our panel, Severe or Pervasive: Towards Empowering Workers. We have Ms. Allegra Fishel moderating. Ms. Fishel is a seasoned civil rights advocate and the founder of The Gender Equality Law Center. So, thank you so much for being here and, Ms. Fishel, I turn it over to you.
Panel 5 - The Future Of Employment Law,
2023
American University Washington College of Law
Panel 5 - The Future Of Employment Law, Karla Gilbride, Geraldine Sumter, Stephen Rich, Marcia Mccormick, Michael Selmi
American University Journal of Gender, Social Policy & the Law
FACILITATOR: All right everyone, welcome to our last panel, “The Future of Employment Law.” I want to quickly introduce our moderator, Karla Gilbride, the co-director of the Access to Justice Project. Karla, you can take it away.
Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty,
2023
American University Washington College of Law
Reflection On Progress Without Equity: Title Ix K-12 Athletics At Fifty, Elizabeth Kristen
American University Journal of Gender, Social Policy & the Law
Title IX of the Education Amendments of 1972 (“Title IX”) turned fifty this year. Despite tremendous progress for women and girls over the last five decades, the promise of gender equity in athletics remains elusive, especially at the K-12 level. Unlike so many other civil rights laws passed in the 1960s and 1970s, Title IX remains a highly under-litigated and underenforced statute. A basic Westlaw search for “Title VII of the Civil Rights Act of 1964” yields more than 10,000 federal cases. But the same search for “Title IX of the Education Amendments of 1972” yields about 2500 cases. Only …
Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment,
2023
American University Washington College of Law
Laboratories Of Democracy: State Law As A Partial Solution To Workplace Harassment, Ann C. Mcginley
American University Journal of Gender, Social Policy & the Law
Despite the recent public awakening concerning both sexism and racism in our society, the federal courts have systematically chipped away at employees’ civil rights under Title VII of the 1964 Civil Rights Act to be free of both sexual and racial harassment at work.
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution,
2023
American University Washington College of Law
Alito Versus Roe V. Wade: Dobbs As A Means Of Circumvention, Avoidance, Attenuation And Betrayal Of The Constitution, Antony Hilton
American University Journal of Gender, Social Policy & the Law
There can be no argument that Justice Alito is a learned justice of great knowledge and reason, and has a superb grasp of the law. As such, despite any opposition to or disagreement with his legal opinions, he is deserving of respect for his intellectual prowess, in general and as it relates to the Constitution. Notwithstanding all the aforementioned, wrong is wrong.
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination,
2023
American University Washington College of Law
Unlocking The Beauty From Within Title Vii: Arguing For An Expansive Interpretation Of Title Vii To Protect Against Attractiveness Discrimination, Michael Conklin
American University Journal of Gender, Social Policy & the Law
Beauty may only be skin deep, but discrimination against the unattractive runs far deeper. Research emphatically demonstrates that attractiveness discrimination affects nearly every aspect of life, including hiring and promotion decisions. For example, personal injury attorneys utilize economists as expert witnesses for how their clients’ reduced attractiveness will negatively affect their future earnings. Attractiveness discrimination is just as prevalent as discrimination based on ethnicity. Unfortunately, current interpretations of federal antidiscrimination legislation do not offer protections from attractiveness discrimination. This Article offers a comprehensive framework for providing such protections under an expansive interpretation of Title VII.
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii,
2023
American University Washington College of Law
Hair Me Out: Why Discrimination Against Black Hair Is Race Discrimination Under Title Vii, Alexis Boyd
American University Journal of Gender, Social Policy & the Law
In May 2010, Chastity Jones sought employment as a customer service representative at Catastrophe Management Solutions (“CMS”), a claims processing company located in Mobile, Alabama. When asked for an inperson interview, Jones, a Black woman, arrived in a suit and her hair in “short dreadlocks,” or locs, a type of natural hairstyle common in the Black community. Despite being qualified for the position, Jones would later have her offer rescinded because of her hair. CMS claimed that locs “tend to get messy” and violated the “neutral” dress code and hair policy requiring employees to be “professional and business-like.” Therefore, CMS …
Principle Originalism--The Third Way: A Jurisprudential Response To Dobbs V. Jackson Women's Health Organization,
2023
American University Washington College of Law
Principle Originalism--The Third Way: A Jurisprudential Response To Dobbs V. Jackson Women's Health Organization, Ryan Fortson
American University Journal of Gender, Social Policy & the Law
All judges attempt to decide cases for reasons other than politics or their own personal opinions. But finding a consistent judicial methodology is fraught with peril. Against what it sees as the hyper-textualism of strict constructionism and the unfettered discretion of living constitutionalism, originalism posits itself as the only viable way to achieve an objectively neutral interpretation of the law. This is certainly the stance taken by the majority opinion in Dobbs v. Jackson Women’s Health Organization, which claims that the Constitution is silent on abortion and that therefore no corresponding right to abortion exists. But there can be different …
Anti-Abortion Statutes As Religious Beliefs,
2023
American University Washington College of Law
Anti-Abortion Statutes As Religious Beliefs, Scott Devito
American University Journal of Gender, Social Policy & the Law
In Dobbs v. Jackson Women’s Health Organization, Justice Alito ruled there is no right, under the U.S. Constitution, for a woman to have an abortion. Since then, eleven states have either enacted or activated statutes that forbid the performance of an abortion. Others may soon follow suit. This Article does not attempt to dispute the reasoning of the Dobbs decision. Instead, it asks whether the eleven state statutes, now construed as constitutionally permitted, are, in fact impermissible intrusions into the constitutionally required separation of church and state. This Article approaches this problem from both a historical and philosophical perspective. First, …
The Collateral Effects Of Reproductive Restrictions: Dispensing Methotrexate Violates Arizona, Arkansas, Louisiana, And Missouri's Public Accommondation Laws,
2023
American University Washington College of Law
The Collateral Effects Of Reproductive Restrictions: Dispensing Methotrexate Violates Arizona, Arkansas, Louisiana, And Missouri's Public Accommondation Laws, Kanta Mendon
American University Journal of Gender, Social Policy & the Law
In 2022, Annie England Noblin routinely went to her local pharmacy to pick up her prescription for Methotrexate, which she used to manage her rheumatoid arthritis. When Noblin attempted to pick up her medication in July 2022, the pharmacist informed her that Walgreens changed its policy regarding Methotrexate after the Supreme Court’s decision to overturn Roe v. Wade led to thirteen states enacting abortion trigger laws.
