The New Pornography Wars,
2023
Boston University School of Law
The New Pornography Wars, Julie A. Dahlstrom
Faculty Scholarship
The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. As in the “pornography wars” of the 1970s and 1980s, lawyers and activists have now turned to civil remedies and filed creative anti-trafficking lawsuits against MindGeek and third parties, like payment processing company, Visa. These lawsuits seek not only to achieve legal accountability for online sex trafficking but also to reframe a broader array of online harms as sex trafficking.
This Article explores what these new trafficking lawsuits mean for the future regulation of …
Sexual Abuse Of Female Inmates In Federal Prisons,
2022
American University Washington College of Law
Sexual Abuse Of Female Inmates In Federal Prisons, Brenda Smith
Congressional and Other Testimony
This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?,
2022
Center for Individual Rights
Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman
St. Mary's Law Journal
There is much talk these days of promoting “equity” rather than “equality.” When applied outside athletics, Title IX promotes non-discrimination, usually associated with equality. As it has been applied to sports, though, it may be our most prominent “equity” statute, making sure each sex gets its fair share.
The questions this article seeks to address are legal ones that the debate about trans females seems to bring to the fore. How did we start with a statute whose language looks very similar to every other civil rights statute—and, indeed, that acts just like every other civil rights statute outside of …
Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State,
2022
The Catholic University of America, Columbus School of Law
Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano
Catholic University Law Review
Religion and religious voices have long had a role to play in shaping community norms and values and public policy; this role continues in contemporary America. Yet, legitimate questions arise about the extent of this role and its place in a pluralist and democratic state. These questions are particularly pronounced when religion is perceived as partisan, a situation that seems apparent in contemporary America. Hoping to combat this perception, this paper explores the relationship between Catholic Social Teaching and Vulnerability Theory, aiming to show how religious values can inform legal theory across the political spectrum. This paper surveys both Catholic …
Lessons From Bostock: Analysis Of The Jurisprudential (Mis)Treatment Of “Sex” In Title Vii Cases,
2022
University of California, Irvine School of Law
Lessons From Bostock: Analysis Of The Jurisprudential (Mis)Treatment Of “Sex” In Title Vii Cases, Allison Greenberg
UC Irvine Law Review
The Supreme Court’s decision in Bostock v. Clayton County extended Title VII’s prohibition on sex discrimination to lesbian, gay, and transgender individuals. This decision represents the latest step forward in a long line of Title VII jurisprudence, which slowly expanded the definition of “sex” as the cultural understanding of sex, gender identity, and sexual orientation improved. This Note critically reviews that history of jurisprudence, using the Bostock decision as a frame to examine the ways in which the courts’ definition of “sex” has evolved out of a flawed understanding of the relationships between sex, gender identity, …
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army,
2022
CHHS, University of Maryland Francis King Carey School of Law
Anonymous Hacktivism: Flying The Flag Of Feminist Ethics For The Ukraine It Army, Ellen Cornelius
Homeland Security Publications
No abstract provided.
Men's Rights, Gun Ownership, Racism, And The Assault On Women's Reproductive Health Rights: Hidden Connections,
2022
West Virginia University
Men's Rights, Gun Ownership, Racism, And The Assault On Women's Reproductive Health Rights: Hidden Connections, Walter S. Dekeseredy
Dignity: A Journal of Analysis of Exploitation and Violence
In this current era characterized by much fear of, and anxiety about, the political influence and actions of the U.S. alternative right (alt-right), only a small number of men’s rights organizations receive attention from the media, the Democratic Party, or a large cadre of progressives. This article demonstrates that ignoring all-male anti-feminist organizations is a flawed strategy for challenging the recent rise of the alt-right because these misogynistic groups are heavily involved in the gun rights movement, major contributors to racist practices and discourses, and active participants in efforts to criminalize and curtail women’s access to abortion. Another, but equally …
Inconceivable Families,
2022
Texas A&M University School of Law
Inconceivable Families, Malinda L. Seymore
Faculty Scholarship
Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can be adopted, that child must first be cut off from their family of birth, rendering the equation of adoption one of subtraction, not addition. This Article examines the biological model of adoption that insists on mimicking the nuclear family—erasing one set of parents and replacing them …
_Not That Bad_: Lessons Women Learn In A Rape Culture,
2022
University of Tennessee, Knoxville
_Not That Bad_: Lessons Women Learn In A Rape Culture, Sydney J. Selman
Pursuit - The Journal of Undergraduate Research at The University of Tennessee
In 2018, Roxane Gay assembled an anthology that addresses the severity of rape, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape culture …
Transparency And Reliance In Antidiscrimination Law,
2022
Univeristy of Nebraska Lincoln College of Law
Transparency And Reliance In Antidiscrimination Law, Steven L. Willborn
Catholic University Law Review
All antidiscrimination laws have two structural features – transparency and reliance – that are important, even central, to their design, but have gone largely unnoticed. On transparency, some laws, like the recent salary-ban laws, attempt to prevent the employer from learning about the disfavored factor on the theory that an employer cannot rely on an unknown factor. Other laws require publication of the disfavored factor, such as salary, on the theory that it is harder to discriminate in the sunlight. Still other laws are somewhere between these two extremes. The Americans with Disabilities Act, for example, limits but does not …
Determining Marriage Length In Support Calculations: Should Cohabitation Count?,
2022
Brooklyn Law School
Determining Marriage Length In Support Calculations: Should Cohabitation Count?, Mark Strasser
Journal of Law and Policy
Many states have sought to make spousal support awards more predictable by linking them to marital length. States doing so must decide whether to include premarital cohabitation within the calculation determining marriage duration, which for many couples will significantly affect the ultimate determination. This Article discusses some of the difficulties in achieving consistency and predictability in marital length determinations, focusing on how the supreme courts in Massachusetts and North Dakota have sacrificed those goals in their attempts to achieve what they likely thought to be more equitable results in individual cases.
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair,
2022
Brooklyn Law School
Book Review: The Mighty Roe Has Fallen (Probably): A Call To Action As An Antidote To Despair, Loreen Peritz
Journal of Law and Policy
Reviewing CONTROLLING WOMEN: WHAT WE MUST DO NOW TO SAVE REPRODUCTIVE FREEDOM. By Kathryn Kolbert & Julie Kay. New York, NY: Hachette Books, 2021. 304 pp., $29.00
The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South,
2022
The University of Southern Mississippi
The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato
Honors Theses
Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …
Defining Sexual Orientation: A Proposal For A New Definition,
2022
United Nations Development Programme, Deutsche Gesellschaft für Interantional Zusammenarbeit (GIZ) GmbH, Outright Action International, the Swedish Federation for Lesbian, Gay Biseuxal, Trangender and Queer Rights (RFSL).
Defining Sexual Orientation: A Proposal For A New Definition, Andrew Park
Michigan Journal of Gender & Law
Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of the world. Few of these laws provide useful definitions of the term sexual orientation. As a result, the meaning and impact of these laws remains unclear. This Article reviews past and current definitions of sexual orientation according to how well they incorporate current empirical knowledge of sexual orientation, and how their use in human rights laws impacts the dignity, right to equality, and human development of sexual minorities. The Article gives particular attention to the definition of sexual orientation found in the Yogyakarta Principles which …
The Not-So-Straight First Amendment: Why Prohibitions On Conversion Therapy For Children Survive Strict Scrutiny,
2022
Boston College Law School
The Not-So-Straight First Amendment: Why Prohibitions On Conversion Therapy For Children Survive Strict Scrutiny, Samuel G. Bernstein
Boston College Law Review
In November 2020, the United States Court of Appeals for the Eleventh Circuit, in Otto v. City of Boca Raton (Otto II), became the first federal appellate court to hold that bans on Sexual Orientation Change Efforts (“SOCE”) therapy, also known as conversion therapy, for minors are unconstitutional restrictions of freedom of speech. In reviewing the bans under the strict scrutiny standard, the Eleventh Circuit’s decision in Otto departs from the other circuits’ decisions not only in outcome but also in analysis. The Eleventh Circuit, following recent Supreme Court’s decisions, concluded that courts must apply strict scrutiny and that …
Indiana In The Midst Of #Metoo: The Argument For Enforcing Arbitration In Sexual Harassment Claims,
2022
Pepperdine University
Indiana In The Midst Of #Metoo: The Argument For Enforcing Arbitration In Sexual Harassment Claims, Jonathan Cisneros
Pepperdine Dispute Resolution Law Journal
This note argues that it is in the best interest of sexual harassment victims and the state of Indiana to not follow suit in passing legislation that prohibits employers from requiring mandatory arbitration in sexual harassment cases. This is based on an analysis of the potential factors underlying Indiana’s current lack of legislative movement, the weight of the arguments for and against mandatory arbitration, and consideration of the preemption issues surrounding state laws banning mandatory arbitration. Part II sets the foundation for this note by laying out the most pertinent parts of the FAA and analyzing how the U.S. Supreme …
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers,
2022
St. Mary's University School of Law
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary,
2022
University of New Hampshire Franklin Pierce School of Law
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Law Faculty Scholarship
[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].
Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …
Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection,
2022
DePaul University
Bostock, Backlash, And Beyond The Pale: Religious Retrenchment And The Future Of Lgbtq Antidiscrimination Advocacy In The Wake Of Title Vii Protection, Kyler J. Palmer
DePaul Journal for Social Justice
No abstract provided.
Madeira Serves As Legal Commentator In Netflix’S “Our Father”,
2022
Maurer School of Law - Indiana University
Madeira Serves As Legal Commentator In Netflix’S “Our Father”, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.