The Law Of Stigma, Travel, And The Abortion-Free Island,
2016
Dalhousie University Schulich School of Law
The Law Of Stigma, Travel, And The Abortion-Free Island, Joanna Erdman
Articles, Book Chapters, & Popular Press
In 1988, the Supreme Court of Canada decriminalized abortion in R. v. Morgentaler. Almost immediately thereafter, the Maritime province of Prince Edward Island ("P.E.I.") passed a legislative resolution opposing the provision of abortion services on the Island except to save the life of a pregnant woman. P.E.I. is a small pastoral province of rolling hills and ocean coves in the St. Lawrence Gulf, and since 1988, through various regulatory actions, its government has honored this policy promise to keep the Island abortion-free and to preserve its moral landscape.
The same year that abortion was banished from P.E.I., Prince Edward Islanders …
A Tribute To Judge Kaye,
2016
Brooklyn Law School
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act,
2016
Brooklyn Law School
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the definition of …
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements,
2016
Brooklyn Law School
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Journal of Law and Policy
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science, and commerce. These two cases exemplified the debate regarding domestic surrogacy—a debate that has now been raging for decades. A new ethical and legal debate …
Litigating Transphobic Bathroom Bills: Envisioning Comprehensive Legal Strategies For Trans Liberation,
2016
Benjamin N. Cardozo School of Law
Litigating Transphobic Bathroom Bills: Envisioning Comprehensive Legal Strategies For Trans Liberation, Noah Lewis, Andy Izenson, Harper Jean Tobin, Ezra Cukor, Joshua Block, Pooja Gehi, Julie Suk, Kate Shaw
Cardozo Journal of Equal Rights & Social Justice
This symposium examines the legal and social challenges faced by transgender individuals, particularly in the context of bathroom access and anti-trans legislation. It emphasizes the importance of a holistic approach to trans liberation, combining legal advocacy, grassroots efforts, and education. The analysis highlights the multifaceted nature of trans rights, including the role of storytelling, intersectionality, and the impact of political shifts on LGBT protections. The symposium underscores the need for a comprehensive strategy to achieve equality and justice for trans communities.
Consent Confusion,
2016
University of Colorado Law School
Consent Confusion, Aya Gruber
Publications
The slogans are ubiquitous: “Only ‘Yes’ Means ‘Yes’”; “Got Consent?”; “Consent is Hot, Assault is Not!” Clear consent is the rule, but the meaning of sexual consent is far from clear. The current state of confusion is evident in the numerous competing views about what constitutes mental agreement (grudging acceptance or eager desire?) and what comprises performative consent (passive acquiescence or an enthusiastic “yes”?). This paper seeks to clear up the consent confusion. It charts the contours of the sexual consent framework, categorizes different definitions of affirmative consent, and critically describes arguments for and against affirmative consent. Today’s widespread uncertainty …
Not Affirmative Consent,
2016
University of Colorado Law School
Genetic Essentialism In Family Law,
2016
University of Colorado Law School
Genetic Essentialism In Family Law, Jennifer S. Hendricks
Publications
No abstract provided.
Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term,
2016
Southern Methodist University, Dedman School of Law
Expanding The Core: Pregnancy Discrimination Law As It Approaches Full Term, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
The advocates behind the Pregnancy Discrimination Act (PDA) of 1978 had one very specific mission: to override the Supreme Court’s 1976 decision in General Electric v. Gilbert, in which it had curiously held that pregnancy discrimination had nothing to do with gender and was thus not a form of actionable sex discrimination under Title VII of the Civil Rights Act of 1964. The Court was not acting on a blank slate; it had used the same reasoning two years earlier to hold, in Geduldig v. Aiello, that pregnancy discrimination was not sex discrimination for equal protection purposes and therefore was …
Book Review Of Lizzie Borden On Trial: Murder, Ethnicity, And Gender,
2016
William & Mary Law School
Book Review Of Lizzie Borden On Trial: Murder, Ethnicity, And Gender, Linda K. Tesar
Library Staff Publications
No abstract provided.
Appeals Court Declines To Consider Immigrant’S Claim He’S Bisexual,
2016
New York Law School
Appeals Court Declines To Consider Immigrant’S Claim He’S Bisexual, Arthur S. Leonard
Other Publications
No abstract provided.
Lesbian Co-Parent Victory In Kentucky,
2016
New York Law School
Lesbian Co-Parent Victory In Kentucky, Arthur S. Leonard
Other Publications
No abstract provided.
We'll Always Be Bosom Buddies,
2016
New York Law School
We'll Always Be Bosom Buddies, Arthur S. Leonard
Other Publications
No abstract provided.
On Pride’S Eve, The State Of Transgender Equality,
2016
New York Law School
On Pride’S Eve, The State Of Transgender Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Lgbt Law Notes,
2016
New York Law School
Resistance On Bathrooms, Marriage Sparks Flood Of Litigation,
2016
New York Law School
Resistance On Bathrooms, Marriage Sparks Flood Of Litigation, Arthur S. Leonard
Other Publications
No abstract provided.
Conviction Nixed, But No Wrongful Imprisonment Suit For Poz Man,
2016
New York Law School
Conviction Nixed, But No Wrongful Imprisonment Suit For Poz Man, Arthur S. Leonard
Other Publications
No abstract provided.
Supreme Court Takes Up School Bathroom Issue,
2016
New York Law School
Supreme Court Takes Up School Bathroom Issue, Arthur S. Leonard
Other Publications
No abstract provided.
The Presidential Election And Lgbt Law,
2016
New York Law School
The Presidential Election And Lgbt Law, Arthur S. Leonard
Other Publications
No abstract provided.
Only Straight Students Protected From Homophobic Harassment!,
2016
New York Law School
Only Straight Students Protected From Homophobic Harassment!, Arthur S. Leonard
Other Publications
No abstract provided.
