Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates,
2022
Concordia University St. Paul
Is A Rainbow Pink Or Blue? Creating Jail Policies For Transgender Inmates, Hunter Schultz
Master of Arts in Criminal Justice Leadership
The United States prison system functions on a binary of male and female inmates. Transgender, non-binary, gender non-conforming, and intersex individuals challenge the limits of these systems and their policies. This paper addresses how to create policy for transgender individuals and what the policies should include. The best practice for creating policies involves basing them in solid ethics. Looking at different ethical theories will help solve ethical dilemmas involving housing, searching, and other policies for transgender and gender non-conforming inmates. To ensure that policies coincide with the law, an examination of case law provides the legal background for these policies. …
Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws,
2022
Pepperdine University
Justice For All? Impeding The Villainization Of Human Trafficking Victims Via The Expansion Of Vacatur Laws, Sarah Devaney
Pepperdine Law Review
It is common for human trafficking victims to acquire a criminal record as a result of the activities they are forced to engage in whilst being trafficked. Once these victims become survivors, their criminal record hinders them from wholly reacclimating to society. The current state of human trafficking laws provides little to no relief for human trafficking survivors in regard to alleviating their criminal records. Accordingly, human trafficking survivors are perpetually victimized by the United States criminal justice system. This Article explores the current state of human trafficking laws and their enduring effect on survivors. Specifically, the Article examines California’s …
Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa,
2022
William & Mary Law School
Curing Corrective Rape: Socio-Legal Perspectives On Sexual Violence Against Black Lesbians In South Africa, Waruguru Gaitho
William & Mary Journal of Race, Gender, and Social Justice
Corrective rape can be defined as a hate crime that entails the rape of any member of a group that does not conform to gender or sexual orientation norms, where the motive of the perpetrator is to “correct” the individual, fundamentally combining gender-based violence and homophobic violence. In the South African context, these biases intersect with systemic racism, producing a disproportionate impact on Black, queer, womxn. While the legal framework has evolved to better address sexual violence crimes, Black lesbians remain prone to falling through the legal cracks, and South African society continues to sanction the homophobia and misogyny that …
Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community,
2022
William & Mary Law School
Rice And Beans With A Side Of Queer: Socio-Legal Developments In The Cuban Lgbtq+ Community, Carlos A. Figueroa
William & Mary Journal of Race, Gender, and Social Justice
Over the last century, the LGBTQ+ community has occupied a peculiar space in Cuba that has both resisted and acclimated to the ever-changing sociopolitical dynamics on the Island. This Article examines the Cuban queer community’s socio-legal history in pre- and post-Revolution Cuba along with its tumultuous synthesis into U.S. culture.
Pleasure Patents,
2022
William & Mary Law School
Pleasure Patents, Andrew Gilden, Sarah R. Wasserman Rajec
Faculty Publications
The United States Patent and Trademark Office has granted thousands of patents for inventions whose purpose is to facilitate the sexual pleasure of their users. These "pleasure patents" raise a range of novel questions about both patent theory and the relationship between law and sexuality more broadly. Given that "immoral" inventions were long excluded from the patent system, and that sexual devices were widely criminalized for much of the past 150 years, how have patentees successfully framed the contributions of their sexual inventions? If a patentable invention must be both new and useful, how have patentees described the utility of …
European Court Won’T Review Case Against Baker In Northern Ireland,
2022
New York Law School
European Court Won’T Review Case Against Baker In Northern Ireland, Arthur S. Leonard
Other Publications
No abstract provided.
Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System,
2022
Mitchell Hamline School of Law
Expression Of Lgbtq Student Sexual Orientation And Gender Identity In The K-12 Educational System, Brian Boggs
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Plain Meaning Of Sex: A Note On Bostock V. Clayton County, 55 Uic L. Rev. 357 (2022),
2022
UIC School of Law
The Plain Meaning Of Sex: A Note On Bostock V. Clayton County, 55 Uic L. Rev. 357 (2022), Christopher Dallas
UIC Law Review
No abstract provided.
Justifying The Margins: Granting Suspect Classification To Trans* Individuals In The U.S. Judicial System, 55 Uic L. Rev. 403 (2022),
2022
UIC School of Law
Justifying The Margins: Granting Suspect Classification To Trans* Individuals In The U.S. Judicial System, 55 Uic L. Rev. 403 (2022), James Casey Edwards
UIC Law Review
No abstract provided.
In Need Of Transition: Transgender Inmate Access To Gender Affirming Healthcare In Prison, 55 Uic L. Rev. 773 (2022),
2022
UIC School of Law
In Need Of Transition: Transgender Inmate Access To Gender Affirming Healthcare In Prison, 55 Uic L. Rev. 773 (2022), Erin Murphy Fete
UIC Law Review
No abstract provided.
Limiting The Boundaries Of Assisted Reproductive Technology And Physiological Autonomy,
2022
The Catholic University of America, Columbus School of Law
Limiting The Boundaries Of Assisted Reproductive Technology And Physiological Autonomy, George P. Smith Ii
Scholarly Articles
This essay examines, critically, the wide successes of assisted reproductive technology (ART). With these successes have come concerns regarding its potential advancement of the boundaries of fecundity and of new levels of physiological freedom. One particular advancement involves efforts to utilize a phenomenon of nature termed parthenogenesis, or asexual reproduction. The potential for adapting this occurrence as a form of assisted reproduction is of particular interest for members of the LGBTQ community, holding great promise for embryo research and regenerative medicine. Parthenogenetic embryos could be derived from unfertilized human eggs and, thus, blunt--if not resolve--ethical concerns over experimentation on human …
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County,
2022
Fordham University School of Law
Small Gestures And Unexpectedconsequences: Textualist Interpretationsof State Antidiscrimination Lawafter Bostock V. Clayton County, Anastasia E. Lacina
Fordham Law Review
The U.S. Supreme Court’s landmark decision in Bostock v. Clayton County expanded Title VII’s coverage of victims of sex discrimination in employment by interpreting the statute to also protect LGBTQ+ employees who were discriminated against because of their sexual orientation and/or gender identity. Although Bostock only applies precedentially to Title VII, the long and interwoven history of state antidiscrimination statutes shows that the ruling may reach beyond federal law. This Note examines state court cases that have considered whether to apply Bostock’s reasoning to the interpretation of state antidiscrimination statutes. Furthermore, this Note argues in favor of a path …
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County,
2022
Indiana University Maurer School of Law
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Articles by Maurer Faculty
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …
Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications,
2022
Mercer University School of Law
Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars
Articles
n June 2020, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court held that discrimination on the basis of sexual orientation and transgender status per se constitutes discrimination "because of sex" for purposes of Title VIL But Bostock inspires the question of whether its holding and reasoning apply in other contexts, including the Equal Protection Clause context. While the Supreme Court has held intermediate scrutiny applies to sex classifications analyzed under the Equal Protection Clause, the Court has yet to elucidate the level of scrutiny that applies to LGBTQ classifications. Meanwhile, state and federal courts …
Text Is Not Enough,
2022
University of Colorado Law School
Text Is Not Enough, Anuj C. Desai
University of Colorado Law Review
In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and lesbian individuals from employment discrimination. The three opinions in the case also provided a feast for Court watchers who study statutory interpretation. Commentators across the ideological spectrum have described the opinions as dueling examples of textualism. The conventional wisdom is thus that Bostock shows the triumph of textualism. The conventional wisdom is wrong. Instead, Bostock shows what those who have studied statutory interpretation have known for decades: judges are multimodalists, drawing from a panoply of forms of …
The "Rainbow Tax": Overcoming Repayment Barriers,
2022
Lewis & Clark Law School
The "Rainbow Tax": Overcoming Repayment Barriers, Hannah C. Deloach
Lewis & Clark Law Review
In 1996, the Defense of Marriage Act passed through Congress and was signed into law by President Bill Clinton. The Defense of Marriage Act effectively banned same-sex couples from receiving federal benefits that were otherwise available to heterosexual couples. In 2004, the first legal same-sex marriages were performed in the United States of America in the state of Massachusetts. These marriages allowed the now-married couples to access state tax benefits previously unavailable to them. However, because of section 3 of the Defense of Marriage Act, which defined marriage as a union between one man and one woman, those newly married …
Immigration Detention As A Violation Of Transgender Detainees' Substantive Due Process Rights,
2022
George State University College of Law
Immigration Detention As A Violation Of Transgender Detainees' Substantive Due Process Rights, Emily Torstveit Ngara
Lewis & Clark Law Review
Noncitizens in immigration proceedings are often subject to civil detention pending a final decision on their case. Transgender individuals in immigration detention are at high risk for physical and sexual assault, cruel and degrading treatment, denial of necessary medical care, and protective isolation. The well-documented harms caused to transgender individuals in detention violate Fifth Amendment substantive due process. This Article documents the harms of immigration detention specific to the transgender community, reviews substantive due process jurisprudence in the civil detention context, and analogizes Eighth Amendment claims for transgender prisoners to substantive due process claims. Immigration detention is predicated on the …
Trojan Zebra: Unmasking Bostock’S Potential To Undermine Lgbtq+ Protections,
2022
Lewis & Clark Law School
Trojan Zebra: Unmasking Bostock’S Potential To Undermine Lgbtq+ Protections, James E.A. Rehwaldt
Lewis & Clark Law Review
Engaging with the methodological framework endorsed by the Supreme Court’s holding and rejected by the dissents in Bostock v. Clayton County, this Comment critically examines both the limited scope and potential misuses of the Court’s decision recognizing protection against employment discrimination for gay, lesbian, and transgender individuals under Title VII of the Civil Rights Act.
Weaponizing Fear,
2022
Brooklyn Law School
Bostock And Contact Theory: How Will A Single U.S. Supreme Court Decision Reduce Prejudice Against Lgbtq People?,
2022
Maurer School of Law - Indiana University
Bostock And Contact Theory: How Will A Single U.S. Supreme Court Decision Reduce Prejudice Against Lgbtq People?, Mantas Grigorovicius
Indiana Law Journal
In 1954, Gordon Allport, one of the nation’s leading social psychologists, laid out a hypothesis explaining how prejudice could be reduced by intergroup contact. Decades later, his hypothesis became a theory with thousands of research hours behind it. Under contact theory, one of the factors that facilitates a reduction in prejudice between two groups is support of authorities or law. This Comment focuses on Bostock v. Clayton County, a recent Supreme Court decision holding that Title VII prohibits discrimination based on sexual orientation. Allport suggested that antidiscrimination laws help to “lead and guide the folkways,” and this Comment explores how …
