Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy,
2019
University of Massachusetts, Amherst
Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Torture Machine (Book Review),
2019
New York Law School
The Torture Machine (Book Review), Dennis Cunningham, Jeffrey J. Haas
Other Publications
No abstract provided.
Transparenthood,
2019
University of California, Berkeley
Transparenthood, Sonia K. Katyal, Ilona M. Turner
Michigan Law Review
Despite the growing recognition of transgender rights in both law and culture, there is one area of law that has lagged behind: family law’s treatment of transgender parents. We perform an investigation of the way that transgender parents are treated in case law and discover striking results regarding the outcomes for transgender parents within the family court system. Despite significant gains for transgender plaintiffs in employment and other areas of law, the evidence reveals an array of ways in which the family court system has systematically alienated the rights and interests of transgender parents. In many cases involving custody or …
From Governess To Governance: Advancing Gender Equity In Corporate Leadership,
2019
University of Washington School of Law
From Governess To Governance: Advancing Gender Equity In Corporate Leadership, Kellye Y. Testy
Articles
Even as corporate influence on every aspect of life continues to grow, women (overall, and especially women of color) remain woefully underrepresented in corporate governance roles, particularly on boards of directors. This lack of gender diversity in the corporate boardroom is prevalent not only in more established companies but also persists—often at even higher levels— in new ventures as well. This Essay details the persistent lack of progress over more than a half century in diversifying leadership in corporate governance. This progress is especially concerning given that the benefits of diversity for sound decisionmaking and overall corporate welfare have been …
Disrupting Adhesion Contracts With #Metoo Innovators,
2019
University of Washington School of Law
Disrupting Adhesion Contracts With #Metoo Innovators, Xuan-Thao Nguyen
Articles
Adhesion contracts are everywhere. Take it or leave it, the dominant party holds the leverage while the weaker party adheres. Ninety percent of employment contracts contain mandatory arbitration clauses, and attempts to challenge arbitration requirements meet with judicial indifference or hostility. Ultimately, arbitration clauses eviscerate the employee's right to a jury trial and access to the court system in general. In recent years, employers in the tech sector have faced unexpected resistance from innovators. Just as innovators are known for disrupting old business models through technological innovations, #MeToo reformers are disrupting the seemingly insurmountable adhesion contract regime. They organize, protest, …
Transgender Tropes & Constitutional Review,
2019
Western New England University School of Law
Transgender Tropes & Constitutional Review, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The Trump administration is aggressively and systematically rolling back policies that protect transgender people. History teaches that these governmental attacks are not new, but instead represent the latest salvo in a long but losing battle to disparage transgender people, who have been ruthlessly depicted as criminals, deviants, and selfish iconoclasts. Notwithstanding the current administration's open hostility toward transgender people, constitutional protections endure. This Article discusses the evolution of government discrimination against transgender people-from laws that criminalized the violation of gender norms in the late twentieth century to the present-day exclusion of transgender people from the U.S. military-and transgender people's continued …
Jurisliterature And Transgression,
2019
Benjamin N. Cardozo School of Law
Jurisliterature And Transgression, Peter Goodrich
Articles
The jurisliterary profession is the curious enterprise of writing, as a jurist, about law. Many seek to escape into literature, philosophy, critique, psychoanalysis, the couch, but then, in the main, they have abandoned law. Those that persist, who remain jurists, have the propensity to transgress the boundaries of the juridical, the strictures of abstraction and disembodiment, so as to generate accounts of legal sensibility, so as to manifest the polyglottal and visceral potential of transforming the juridical bubble into that most ethical of realms, the poetics of desire. Jurisliterary transgression, at its strongest, returns the materiality of imagination to the …
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions,
2019
University of Georgia Law School
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Georgia Law Review
No abstract provided.
Beyond The Numbers: Substantive Gender Diversity In Boardrooms,
2019
Duke Law School
Beyond The Numbers: Substantive Gender Diversity In Boardrooms, Yaron Nili
Faculty Scholarship
No abstract provided.
Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions,
2019
American University Washington College of Law
Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions, Valentina Okaru-Bisant
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds,
2019
American University Washington College of Law
Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds, Alicia Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two,
2019
University of Kansas
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two, Kyle Velte
American University Journal of Gender, Social Policy & the Law
No abstract provided.
God Is A Woman: Feminism As A Religion Protected Under The Free Exercise Clause Of The First Amendment,
2019
American Civil Liberties Union of New Mexico
God Is A Woman: Feminism As A Religion Protected Under The Free Exercise Clause Of The First Amendment, Lalita Moskowitz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
President Trump's Crusade Against The Transgender Community,
2019
American University Washington College of Law
President Trump's Crusade Against The Transgender Community, Brendan Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two,
2019
University of Kansas
Mitigating The "Lgbt Disconnect": Title Ix's Protection Of Transgender Students, Birth Certificate Correction Statutes, And The Transformative Potential Of Connecting The Two, Kyle Velte
American University Journal of Gender, Social Policy & the Law
No abstract provided.
God Is A Woman: Feminism As A Religion Protected Under The Free Exercise Clause Of The First Amendment,
2019
American Civil Liberties Union of New Mexico
God Is A Woman: Feminism As A Religion Protected Under The Free Exercise Clause Of The First Amendment, Lalita Moskowitz
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Defenseless Against Rape: Outdated Laws And A Proposed Legal Solution,
2019
Bentley University
Defenseless Against Rape: Outdated Laws And A Proposed Legal Solution, David E. Missirian, Marianne D. Kulow
American University Journal of Gender, Social Policy & the Law
No abstract provided.
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection,
2019
University of California Los Angeles School of Law
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
Faculty Scholarship
For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …
New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration,
2019
Columbia Law School
New Look Constitutionalism: The Cold War Critique Of Military Manpower Administration, Jeremy K. Kessler
Faculty Scholarship
By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article explores the role that administrative constitutionalism played in the development of the American national-security state, a state that became both more powerful and more legalistic during the pivotal years of the Cold War. The Article also questions the frequent identification of administrative constitutionalism with the relative autonomy and opacity of the federal bureaucracy. The back-and-forth of administrative constitutionalism continually recalibrated the degree of autonomy and opacity that characterized the draft apparatus. This evidence suggests that bureaucratic autonomy and opacity may …
Leveling Down Gender Equality,
2019
1877
Leveling Down Gender Equality, Tracy A. Thomas
Akron Law Faculty Publications
The U.S. Supreme Court recently revived its jurisprudence of “leveling down,” that is, curing an equal protection violation of gender discrimination by denying the requested benefit to all rather than extending the benefit to the excluded class. This article challenges the continuation of the conventional acceptance of leveling down as an equally legitimate remedial option for gender discrimination. Instead, it argues for the adoption of an alternative remedial calculus of a strong presumption of leveling up remedies, overcome only by limited equitable considerations. Such a presumption better effectuates the substantive right of gender equality, as well as the correlative due …
