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Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive, Linda C. McClain, Brittany K. Hacker 2022 Boston University School of Law

Liberal Feminist Jurisprudence: Foundational, Enduring, Adaptive, Linda C. Mcclain, Brittany K. Hacker

Faculty Scholarship

Liberal feminism remains a significant strand of feminist jurisprudence in the U.S. Rooted in 19th and 20th century liberal and feminist political theory and women’s rights advocacy, it emphasizes autonomy, dignity, and equality. Liberal feminism’s focus remains to challenge unjust gender-based restrictions based on assumptions about men’s and women’s proper spheres and roles. Second wave liberal legal feminism, evident in Ruth Bader Ginsburg’s constitutional litigation, challenged pervasive sex-based discrimination in law and social institutions and shifted the Supreme Court’s interpretation of the Equal Protection Clause to a more skeptical review of gender-based classifications ...


Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman 2021 Michael E. Moritz College of Law, The Ohio State University

Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman

Buffalo Law Review

The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT ...


Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr. 2021 American University in Cairo

Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.

Theses and Dissertations

The Egyptian legal structure has long discriminated against women. Taking nationality law as an example, it is obvious that all consecutive nationality laws have ignored women’s right concerning passing on and acquiring nationality. Even after its amendment in 2004, major gender discrimination still exists. This is caused by the fact that the nationality law is only a part of the legal system. Consequently, its essence will not deviate from the patriarchal composition of the overall nature of the legal system. This paper argues that the existing forms of discrimination in the nationality law correlate with the broader legal environment ...


Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez 2021 St. Mary's University School of Law

Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Foreword, Patricia E. Roberts 2021 St. Mary's University School of Law

Foreword, Patricia E. Roberts

The Scholar: St. Mary's Law Review on Race and Social Justice

Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.


Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman 2021 St. Mary's University School of Law

Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum 2021 University of California, Irvine School of Law

Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum

UC Irvine Journal of International, Transnational, and Comparative Law

This Note discusses the effect of U.S. foreign policies on the reproductive rights of women in developing countries. Many international human rights treaties and their progeny have consistently found that reproductive rights are intertwined with basic human rights, such as the right to privacy, the right to health, the right to education, and the right to start a family. Despite considering itself a superpower among all other countries, U.S. policies like the Helms Amendment and the Mexico City Policy fail to adhere to these basic international human rights standards. At the same time the United States recognized the ...


Dark Matter In The Law, D. Carolina Núñez 2021 Brigham Young University

Dark Matter In The Law, D. Carolina Núñez

Boston College Law Review

Not all law is written down. Sometimes, informal norms and expectations about what the law is or ought to be constrain behavior. Lawyers and legal commentators instinctively understand this concept and have written about it, but none have discussed the interaction or relationship between these unwritten norms—which I refer to as law’s “dark matter”—and traditional formal law, like case law and statutes—which I refer to as law’s “ordinary matter.” I venture into this overlooked relationship to reveal a fascinating and important dynamic that shapes the development of law. In this Article, I explore law’s ...


Rejecting ‘Unjustified’ Rejection: Why Family Courts Should Exclude Parental Alienation Experts, Alyssa G. Rao 2021 Boston College Law School

Rejecting ‘Unjustified’ Rejection: Why Family Courts Should Exclude Parental Alienation Experts, Alyssa G. Rao

Boston College Law Review

Parental alienation is a controversial and disputed proposed mental disorder whereby children unjustifiably reject one parent because of the other parent’s influence. One parent often raises parental alienation in family court when the other parent makes an accusation of domestic abuse. Despite appearing in the legal discourse, no professional organization officially recognizes either parental alienation or the related concept of parental alienation syndrome, the original anti-feminist theory from which parental alienation derives. Domestic violence advocates staunchly criticize both “disorders” because the theories can undercut legitimate and concerning abuse allegations. Nonetheless, courts invite such experts into the courtroom to aid ...


Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon 2021 DePaul University

Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country, Mary T. Hannon

American Indian Law Journal

Violence against indigenous women in the United States is unprecedented. This violence is aggravated by the fact that indigenous women are often unable to obtain justice for the crimes against them due to a complex jurisdictional scheme that ignores the inherent authority of the First Nations. This scheme is the product of centuries of white bias – perpetuated by contemporary legislators and the judiciary – that treats the First Nations and tribal courts as inferior. In the context of Congress’s recent attempt to expand protection for indigenous women in the Violence Against Women Reauthorization Act of 2019, this Note will shed ...


The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi 2021 University of Iowa College of Law

The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi

American Indian Law Journal

No abstract provided.


Case Law On American Indians, Thomas P. Schlosser 2021 Seattle University School of Law

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen 2021 Villanova University Charles Widger School of Law

Striking The Balance Of Fairness And Inclusion: The Future Of Women's Sports After The Supreme Court's Landmark Decision In Bostock V. Clayton County,Ga, Jacqualyn Gillen

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu 2021 U.S. Naval War College

Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu

International Law Studies

Notwithstanding their absence in the formal structures of power, women have engaged actively with disarmament for over a century. Their activism has been rich and complex. It is, however, not a history that is generally familiar to those outside the world of feminist activism and scholarship. This article tells the story of feminist activism and scholarship and how women have sought to overcome exclusion, marginalization, and silencing in both policy and law in pursuit of what the author describes as a transformative disarmament agenda. It is concerned not only with women’s political activism and the struggle for equal participation ...


Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao 2021 William & Mary Law School

Accelerating The Gains Of The Free Maternity Care In Kenya's Urban Informal Settlements, Juliet K. Nyamao

William & Mary Journal of Race, Gender, and Social Justice

The 2010 Constitution of Kenya recognizes the special group of women living in urban informal settlements, and provides for their access to the highest attainable standards of health care, including reproductive health care. The Health Act, which was enacted in 2017, recognizes the significant challenges of accessing maternal health services among the poorest populations. Pursuant to the resolutions of the African Union, the Health Act abolished user fees for pregnant women. The Health Act instructs the county and national governments to expand free maternity care and childhood immunizations through funding. Despite Kenya’s commitment to increase the national budget for ...


The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas 2021 William & Mary Law School

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas

William & Mary Journal of Race, Gender, and Social Justice

This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender ...


Not That Bad: Lessons Women Learn In A Rape Culture, Sydney J. Selman 2021 University of Tennessee, Knoxville

Not That Bad: Lessons Women Learn In A Rape Culture, Sydney J. Selman

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape culture, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture trivializes ...


Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu 2021 Seattle University School of Law

Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu

Seattle Journal of Technology, Environmental & Innovation Law

The United States has been patiently waiting for a comprehensive federal data privacy law to protect consumers. However, strong data privacy laws can also protect a less thought-about group: survivors of domestic violence and intimate partner violence. As new technology proliferates into our daily lives, technology-based abuse is quickly becoming a common form of intimate partner abuse. Domestic violence survivors and advocates have to stay extra vigilant about who has access to their internet data. Needing to understand technology-specific safety measures and learn technology-literacy skills adds more work to already overwhelmed domestic violence advocates and survivors. Could the law serve ...


Sexual Orientation And Gender Identity, Mark E. Wojcik 2021 Southern Methodist University

Sexual Orientation And Gender Identity, Mark E. Wojcik

The Year in Review

No abstract provided.


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