Law and Gender Commons^™

Don’T Say Gay Or God: How Federal Law Threatens Student Religious Rights And Fails To Protect Lgbtq Students, Stephen Mcloughlin

BYU Law Review

Federal law requires schools to protect students from discrimination based on their sexual orientation and gender identity. This protection is based on the principle that students must be free to explore their self-identity within the school environment as part of their intellectual development. Thus, schools must eliminate speech that threatens LGBTQ students based on their gender identity or sexual orientation. However, schools must also protect free speech and religious rights. Indeed, the expression of religious beliefs is also crucial to intellectual growth. Thus, schools must develop student speech policies that protect LGBTQ students from harmful speech while protecting controversial religious …

Episode 5: Fair's Fair, Sara Gras

Season 01

One of the most commonly expressed objections to the inclusion of trans athletes is that it is fundamentally unfair, particularly to cis women and girls, to compete against trans women and girls. While this cultural belief may be ubiquitous, the science behind it is far from black and white. Without any substantive, multi-sport studies that include trans youth, much of the "evidence" of unfair advantage is merely inferred from other studies of biological difference. But with so much on the line for an already-marginalized community, we should be wary when anyone tries to justify exclusion solely on loose correlations between …

Auc Community Only Lecture: Gender-Based Violence (Gbv), Women & The Law In Egypt, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This special guest lecture was part of the course “Exploring Feminist Perspectives in Egypt and the US” taught by CASAR Adjunct Faculty Yasmeen El-Ghazaly. The lecture was given in Arabic by Counselor Mohamed Samir, who is a senior member of the judicial authority in Egypt, responsible for the accountability of civil servants’ crimes and misconduct. He is also a lecturer in Political Science and Gender Based Violence Crimes. Samir has over 25 years of experience in his career, and was invited to discuss “challenges and legal obstacles women face when discussing gender based violence in Egypt.” In his insightful lecture, …

Episode 4: Title Ix, Sara Gras

Season 01

This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, …

Toggle Boggle, Leah Litman

Reviews

What is sex discrimination? Or, more generally, what is discrimination?

This question has often centered around a few recurring divisions in constitutional and antidiscrimination law. One division is between intentional discrimination and disparate impact theories of liability; another break is between formal equality and substantive equality; another, related divide is between anti-classification theories of equality and anti-subordination theories.

Enforcing Equity, Daiquiri J. Steele

Northwestern University Law Review

Federal administrative agencies that enforce workplace laws have dual responsibilities: (1) to prevent or remedy noncompliance with the underlying workplace law and (2) to prevent or remedy noncompliance with the law’s antiretaliation provisions. Disparities based on race, sex, and their intersection exist with respect to both of these types of employer noncompliance, as female workers and workers of color experience more violations of the substantive provisions and the retaliation provisions of these laws. While effective enforcement is vital to preserving workplace regulation as a whole, there is also an equity component to enforcement. Because workplace law violations disproportionately harm women …

Careers In Survivor Advocacy And Gender-Based Violence Prevention, Cardozo Alliance For Sexual Aggression Prevention, Cardozo Outlaw

2023–2024 Flyers

No abstract provided.

2023 Women In Robes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Autonomy, Martha T. Mccluskey

Contributions to Books

Published as Part IV of The Foundations of Vulnerability Theory: Feminism, Family, and Fineman, Jennifer Hickey, ed.

7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Willard Mwiinga V The People Appeal No/167/2022 (24 August, 2023), Mwami Kabwabwa

SAIPAR Case Review

This case calls upon judges to move beyond a rigid application and recognition of gender based violence (GBV) laws thoughtfully to cases involving domestic violence, to protect women and girls. In this pivotal Judgement, the Court of Appeal missed a crucial chance to fulfill its duty to construe the law with an acute awareness of gender issues and the prevalent problem of Gender-Based Violence (GBV). Acknowledging such issues in legal decisions is vital as it embeds gender sensitivity into the consciousness of both the legal framework and society at large, as seen through the judiciary’s lens. This acknowledgment is instrumental …

Affect Theory, The Perceived Impact Of Judicial Diversity, And The Gender Pay Gap In The Irish Legal Profession, Caoimhe Kiernan

Books/Book Chapters

This chapter investigates how affect theory can be used as a framework when examining judicial diversity, along with how affect theory can be used to help explore the impact of increasing gender diversity on the Irish bench. This chapter will first examine the current gender pay gap in the Irish legal profession, the status of women in Ireland throughout the 20th Century, recount the women’s movement of the 1960’s and 1970’s and discuss the appointment of the first women judges to Irish courts. Affect theory will then be explored, including how affect theory can be applied as a framework when …

Submission To Justice Canada On The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers

Commissioned Reports, Studies and Public Policy Documents

Justice Canada has been holding an engagement process on the issue of whether an offence of coercive control should be added to the Criminal Code. This offence has been proposed in a series of private members bills, most recently, Bill C-332. This submission argues that it is imperative that actors in all legal domains acquire a nuanced and contextual understanding of coercive control derived from an intersectional analysis that attends to how multiple systems of oppression interact to shape the tactics of coercion and control. However, we do not support the criminalization of coercive control, either as a standalone offence …

Episode 3: Tarnished Gold, Sara Gras

Season 01

To better understand how and why sports are a part of education, this episode goes back to where they started. Although the culture of youth sports has certainly evolved, the purpose of interscholastic athletics really has not. Today, just like 100 years ago, educators value the role of sport in preparing kids for success in life. But the structures governing competition have always limited who can participate and how they are recognized. Many thanks to all the guests who contributed their thoughts.

This episode features clips from conversations with:

Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton …

Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta

Popular Media

Excerpt:

"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."

What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney

University of Cincinnati Law Review

No abstract provided.

Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Episode 2: State Of The Union, Sara Gras

Season 01

Episode 2 looks at the recent legislative push to ban transgender kids from scholastic sports across the country in the context of the anti-trans bathroom bans that preceded it. I also dive into the Soule v. Connecticut case that is so frequently referenced as an example of trans athlete exceptionalism despite the actual facts. There will be more later in the season on the organizations encouraging the passage of sports bans and supporting their defense in court, but my guests in this episode start to shed some light on who they are and what motivates their actions. I extend my …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents