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The Future (Public Company Boardroom) Is Female: From California Sb 826 To A Gender Diversity Listing Standard, Sunitha Malepati 2020 Georgetown University Law Center

The Future (Public Company Boardroom) Is Female: From California Sb 826 To A Gender Diversity Listing Standard, Sunitha Malepati

SENLC Papers & Reports

No abstract provided.


Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer 2020 Texas A&M University School of Law

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Student Scholarship

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …


It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes 2020 San Jose State University

It's Complicated: The Impact Of Marriage Legalization Among Sexual Minority Women And Gender Diverse Individuals In The United States, Laurie Drabble, Angie Wootton, Cindy Veldhuis, Ellen Perry, Ellen Riggle, Karen Trocki, Tonda Hughes

Faculty Publications

This mixed-methods study explored perceptions of the impact of marriage legalization in all U.S.states among sexual minority women and gender diverse individuals. Survey data were collectedfrom a nonprobability sample of individuals 18 years or older who identified as lesbian, bisexual,queer, same-sex attracted or something other than exclusively heterosexual—as well asindividuals who identified as transgender or gender nonbinary (for example, genderqueer, transwoman, trans man, nonbinary, or gender non-conforming). The analytic sample included 418participants in an online survey who responded to open-ended questions about the perceivedimpact of marriage legalization. Qualitative analyses revealed perceptions of marriagelegalization that situated individual meanings in the context …


Identity: Obstacles And Openings, Osamudia R. James 2020 University of Miami School of Law

Identity: Obstacles And Openings, Osamudia R. James

Articles

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.


An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-McCabe, Killian M. Kinney 2020 Wayne State University

An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney

Law Faculty Research Publications

No abstract provided.


Women, Democracy, And The Nineteenth Amendment, Paula A. Monopoli 2020 University of Maryland Francis King Carey School of Law

Women, Democracy, And The Nineteenth Amendment, Paula A. Monopoli

Faculty Scholarship

This paper explores the status of women’s participation in our democracy, in response to both the commemoration of the Nineteenth Amendment’s centennial and the deep misogyny aimed at women holding formal political power during the current pandemic. The paper explores the connection between constitutional design and the level of women's participation in democratic governance. It suggests that the robust participation of women in our democracy is not only morally right, but that such parity is central to both the legitimacy of the state and its continued existence. The paper begins by describing the state of women’s participation in formal and …


Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu 2020 Brooklyn Law School

Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu

Faculty Scholarship

No abstract provided.


Get With The Pronoun, Heidi K. Brown 2020 Brooklyn Law School

Get With The Pronoun, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen 2020 University of Denver

Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

The article proceeds in four parts. Part I describes in more detail the work of Donileen Loseke, and Part II applies her methodology by taking stock of the constructs as they currently exist. Part III examines social science data available since Loseke published her study, demonstrating that the current construct reflects, in reality, only a subset of relationship violence and a subset of the people who experience it. Part IV examines whether the main service designed to help people experiencing relationship violence today—law—perpetuates, rather than challenges norms. I argue that it does the former, because legal decision makers, like the …


Implications Of The Ban On Open Service By Transgender Individuals In The United States Military, Louie Swanson 2020 Mitchell Hamline School of Law

Implications Of The Ban On Open Service By Transgender Individuals In The United States Military, Louie Swanson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Don't Hire Me As A Token: Best Practices For Recruiting And Supporting Externs From Historically Marginalized Backgrounds, Alexi Freeman 2020 University of Denver

Don't Hire Me As A Token: Best Practices For Recruiting And Supporting Externs From Historically Marginalized Backgrounds, Alexi Freeman

Sturm College of Law: Faculty Scholarship

Diverse students strongly encouraged to apply. Seeking diverse perspectives. This program is only for students who identify as racial or gender minorities. Interested in a diverse applicant pool. Committed to recruiting students from historically marginalized groups.

If you were to take a quick perusal of advertisements seeking law student externs, summer associates, or semester law clerks, you would likely see similar phrases clearly targeting students of color and students who identify as LBGTQ+ for such positions. A lack of racial, ethnic, and sexual orientation diversity is nothing new for legal education or for the legal profession more broadly. But even …


Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins 2020 American University Washington College of Law

Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins

American University International Law Review

No abstract provided.


Domestic Violence And Self-Defense: Respecting Women's Autonomy By Creating A Woman-Centered Law Of Self-Defense, Caroline Gillis 2020 American University Washington College of Law

Domestic Violence And Self-Defense: Respecting Women's Autonomy By Creating A Woman-Centered Law Of Self-Defense, Caroline Gillis

Upper Level Writing Requirement Research Papers

No abstract provided.


Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman 2020 American University Washington College of Law

Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman

Upper Level Writing Requirement Research Papers

No abstract provided.


The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok 2020 American University Washington College of Law

The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok

Upper Level Writing Requirement Research Papers

No abstract provided.


When Your Colonizers Are Hypocrites: Federal Poverty "Solutions" And Indigenous Survival Of Sex Trafficking In Indian Country, Alix Bruce 2020 American University Washington College of Law

When Your Colonizers Are Hypocrites: Federal Poverty "Solutions" And Indigenous Survival Of Sex Trafficking In Indian Country, Alix Bruce

Celebrating WCL Student Authors

No abstract provided.


The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny 2020 American University Washington College of Law

The #Metoo Movement In Comparative Perspective, Dr. Joanne Sweeny

American University Journal of Gender, Social Policy & the Law

Introduction.

The #MeToo movement is one of the most far-reaching social media movements in history and its impact can still be felt years later. As the hashtag in the name suggests, the #MeToo movement gained the bulk of its momentum on Twitter but the movement’s actual origins began on MySpace in 2006. Tarana Burke, a long-time activist, founded the nonprofit organization Just Be Inc., which serves survivors of sexual assault and harassment. Burke came up with the concept of “me too” in 1997 when she was counseling a 13-year-old survivor of sexual abuse at a youth camp. Burke states that …


Onlyemployees: Ending The Misclassification Of Digital Sex Workers In The Shared And Gig Economy, Mary Marston 2020 American University Washington College of Law

Onlyemployees: Ending The Misclassification Of Digital Sex Workers In The Shared And Gig Economy, Mary Marston

American University Journal of Gender, Social Policy & the Law

I. Introduction

Mia Khalifa was only paid a total of $12,000 in shooting fees during her ten-month career in the adult film industry, but she remains one of the most searched adult film stars of all time. Social and monetary discrepancies between adult film stars’ payment and the revenue made by pornography studios parallel the difficulties other sex workers face, like exotic dancers and prostitutes, especially in terms of their misclassification as independent contractors instead of employees.

In addition to this misclassification, sex workers face a lack of financial and physical protections in traditional sex work. These lack of protections, …


Paternalism Or Gender-Neutrality?, Stephen J. Ware 2020 University of Connecticut

Paternalism Or Gender-Neutrality?, Stephen J. Ware

Connecticut Law Review

The strong and widely accepted reasons for using gender-neutral language presumptively apply to the gendered word paternalism and its gender-neutral counterpart, parentalism. With these reasons in mind, this Article’s thesis is that legal scholars should begin with a presumption for using the gender-neutral word parentalism, while using paternalism only when emphasizing the important relevance of gender or otherwise trying to convey a gendered meaning. Accordingly, many legal scholars define paternalism in an expressly gendered way—such as “the institutionalization of male dominance,” or an “ideology [that] teaches men to minimize women’s agency”—or fittingly use paternalism to describe an attitude especially characteristic …


Dehumanization 'Because Of Sex': The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin 2020 Elisabeth Haub School of Law at Pace University

Dehumanization 'Because Of Sex': The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

Although Title VII prohibits discrimination against any employee “because of such individual’s . . . sex,” legal commentators have not yet accurately appraised Title VII’s trait and causation requirements embodied in that phrase. Since 2015, most courts assessing the sex discrimination claims of LGBT employees began to intentionally analyze “sex” as a trait using social-construction evidence, and evaluated separately whether the discriminatory motive caused the workplace harm. Responding to what this Article terms a “doctrinal correction” to causation within this groundswell of decisions, the Supreme Court recently issued an “expansive” and “sweeping” reformulation of but-for causation in Bostock v. Clayton …


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