Law and Gender Commons^™

"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.

Bathroom Laws As Status Crimes, Stephen Rushin, Jenny E. Carroll

Faculty Scholarship

A growing number of American jurisdictions have considered laws that prohibit trans individuals from using bathroom facilities consistent with their gender identities. Several scholars have criticized these so-called “bathroom laws” as a form of discrimination in violation of federal law. Few scholars, though, have considered the criminal justice implications of these proposals.

By analyzing dozens of proposed bathroom laws, this Article explores how many laws do more than stigmatize the trans community—they effectively criminalize them. Some of these proposed laws would establish new categories of criminal offenses for trans individuals who use bathrooms consistent with their gender identity. Others would …

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman

Maine Law Review

Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires students to …

Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel

Pace Law Review

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and FERPA …

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Sexual Violence As An Occupational Hazard & Condition Of Confinement In The Closed Institutional Systems Of The Military And Detention, Hannah Brenner, Kathleen Darcy, Sheryl Kubiak

Pepperdine Law Review

Women in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization …

Trending @ Rwu Law: Dean Yelnosky's Post: Chelsea Manning, Professor David Coombs, And The "Wikileaks Trial" 08-28-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Law School Blogs

No abstract provided.

Rwu First Amendment Blog: Jared A. Goldstein's Blog: Ri's Conversion Therapy Ban Protects Lgbtq Youth And It's Constitutional 08-09-2017, Jared A. Goldstein

Law School Blogs

No abstract provided.

The Tampon Tax: Sales Tax, Menstrual Hygiene Products, And Necessity Exemptions, Jennifer Bennett

The Business, Entrepreneurship & Tax Law Review

Women in the United States face many economic obstacles that their male counterparts do not. Many of these obstacles – including the wage gap, economic issues related to childbearing, and implicit bias in the workplace, among others – are the result of multiple political, social, and cultural factors, making them hard to eliminate. The tampon tax is comparatively simple to take on: if state legislatures decide to remove it, women will no longer have to pay it. The term “tampon tax” refers to how the majority of states impose a general sales tax on tampons, pads, reusable menstrual cups, and …

Compensatory Women's Rights Legal Education In Eastern Europe: The Women's Human Rights Training Institute, Isabel Marcus

Journal Articles

To compensate for the absence/minimization of women's rights in the law faculty curriculum in post-socialist states, in 2002 a coalition of women's rights NGOs, funded by OSI, developed a Women's Human Rights Training Institute (WHRTI) in Sofia, Bulgaria. Now embarking on its sixth cycle and having graduated more than 100 lawyers (mostly working in NGOs in post-socialist states), WHRTI has developed a women's rights legal education and training program triad consisting of feminist legal theory, women's rights legal practice, and feminist legal pedagogy. The goal of the program is to educate and train lawyers to understand and use various domestic, …

Bystander Intervention Policies For Campus Sexual Assault Should Be Framed As Civil Rights Programs, And Made Broadly Applicable To All Protected Class Offenses, Wendy J. Murphy

Utah Law Review

The overarching goal of any campus sexual assault prevention program should be to reduce incidence rates. BIPs may accomplish this result more effectively than other programs because they engage students to become personally involved in actual incidents, thus directly influencing the way students think and feel about sexual assault. By framing BIPs as civil rights programs applicable to all protected class categories, schools ensure that students understand why intervening is appropriate, and underscores that everyone has a stake in promoting and protecting the safety and full equality of all women and girls on every campus.

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine K. Baker

Chicago-Kent Law Review

This Article unpacks the relationship between the functional parenthood doctrine, constitutionally protected parental autonomy rights and intent-to-parent tests as they are applied in same-sex parenting relationships. It argues that, with the advent of same-sex marriage and second parent adoption, the functional parent doctrine is unnecessary and ultimately counterproductive to anyone interested in expanding legal recognition of non-traditional family forms. The functional parent doctrine asks courts to employ traditional understandings of parenthood (“Who acted like a parent?”) in assigning parental status.

These traditional understandings are usually, if not inevitably, dyadic, heteronormative, genetic, and gendered. In practice, the functional parent doctrine undermines …

The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams

Florida State University Law Review

Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding boundaries in …

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

What Prohibition Teaches About Guns And Abortion: How Alcohol Can Save Individual Rights, Jesse D.H. Snyder

UC Law SF Journal on Gender and Justice

The Supreme Court has made numerous decisions regarding the constitutionality of abortion and gun ownership. Both highly cherished individual rights are systematically and consistently litigated. This article will explore how the documented history of Prohibition can be used to save both abortion and gun rights by examining how individual rights impact society as a whole. In addition, this article will examine the impact a oncerecognized right has when it is no longer in place. Prohibition can be used as a mechanism to ensure ongoing protections of these cherished individual rights.

Conflicting Definitions Of Sexual Assault And Consent: The Ramifications Of Title Ix Male Gender Discrimination Claims Against College Campuses, Tyra Singleton

UC Law SF Journal on Gender and Justice

Sexual assault is pervasive on college campuses across the country. Title IX mandates that school’s receiving federal funding protect student victims of sexual assault. Some campuses have gone further than the Title IX requirements and have created internal policies that are stacked against the accused and potentially reach the level of violating the accused’s constitutional rights. This note examines how Title IX has influenced academia and how unjust campus tribunals have caused accused male students to seek redress in federal courts for gender discrimination. This note will also examine the racial implications of Title IX and consider how race contributes …

Sexual Hostility A Mile High, Michelle L.D. Hanlon

UC Law SF Journal on Gender and Justice

Flight attendants have spent the past few decades eradicating the “pinup” girl persona that is often associated with their profession. This sexualized image has created a dangerous and harassing workplace environment for female flight attendants. This article addresses how the flight cabin is uniquely hostile workplace and how the International Civil Aviation Organization needs to take action to combat the gender discrimination and sexual harassment too common in this industry.

Foreword, Amy Depuy, Tyra Singleton

UC Law SF Journal on Gender and Justice

No abstract provided.