The Strict Scrutiny Of Black And Blaqueer Life,
2020
Mitchell Hamline School of Law
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Title Ix & The Civil Rights Approach To Sexual Harassment In Education,
2020
Wayne State University
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Revenge Porn And The Aclu’S Inconsistent Approach,
2020
Notes Editor, IJLSE Vol.8; J.D. 2020, Ind. Univ. Maurer School of Law
Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz
Indiana Journal of Law and Social Equality
No abstract provided.
Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions,
2020
J.D. 2019, Indiana Univ. Maurer School of Law
Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney
Indiana Journal of Law and Social Equality
No abstract provided.
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination,
2020
University of Houston Law Center
Title Vii And The Unenvisaged Case: Is Anti-Lgbtq Discrimination Unlawful Sex Discrimination, Ronald Turner
Indiana Law Journal
As discussed herein, courts and individual judges recognizing or not finding actionable Title VII anti-LGBTQ14 claims have offered different rationales in support of their conflicting positions, including three justifications discussed in this project: (1) the meaning of Title VII’s “because of sex” prohibition, (2) the Supreme Court’s and circuit courts’ construction of the “because of sex” provision in the context of sex stereotyping and gender nonconformity discrimination as applied to the anti- LGBTQ question, and (3) associational discrimination theory. Claim-recognizing jurists have looked to Title VII’s text, Supreme Court and circuit court precedent, and the views of the Equal Employment …
Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha,
2020
University of Kansas
Brief Of Amici Curiae Legal Scholars In Support Of Equality In Support Of Respondents, Fulton V. City Of Philadelpha, Kyle Velte, David Cruz, Michael Higdon, Anthony Michael Kreis, Shirley Lin, Linda C. Mcclain
Faculty Scholarship
This Brief of Amici Curiae Legal Scholars in Support of Equality in Support of Respondents filed in Fulton v. City of Philadelphia addresses the propriety of an analogy to race discrimination in public accommodation cases involving sexual orientation discrimination. The race analogy in sexual orientation cases proceeds as follows: Advocates and judges widely agree that courts should, and would, reject a religious exemption claim by a public accommodation—such a foster care agency—seeking to turn away an African-American or interracial couple based on the public accommodation’s religious beliefs that Blacks are inferior to whites or that the races should not mix. …
Gender Stereotypes And Gender Identity In Public Schools,
2020
Penn State Law
Gender Stereotypes And Gender Identity In Public Schools, Dara Purvis
Faculty Scholarship
In recent years, claims brought by transgender students requesting accommodations from a public school have been framed under Title IX of the Education Amendments Act of 1972, which prohibits discrimination on the basis of sex in any educational program or activity that receives federal funding. Given the changing interpretation of Title IX from the Obama to Trump administrations, both statutory and constitutional arguments supporting the right of public school students to express their gender in any manner contrary to traditional gendered norms have renewed vitality. In the decades since Stonewall, students facing school discipline for nonconforming gender presentation that violated …
Technology-Facilitated Gender-Based Violence: An Overview,
2020
Dalhousie University Schulich School of Law
Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn
Articles, Book Chapters, & Popular Press
Technology facilitated gender-based violence (TFGBV) is a complex worldwide phenomenon with devastating results. Research to date shows that victim-survivors of intimate partner violence are tracked by their abusive partners who use technology to monitor their movements and communication. Many women journalists, human rights defenders and politicians face daily death threats and rape threats for speaking out about equality issues or for simply being a woman in a leadership role. Those with intersecting marginalized identities are at specific risk, with Black, Indigenous, and people of colour, LGBTQ+ people, and people with disabilities facing higher rates of attacks and concerted attacks that …
Queer Sacrifice In Masterpiece Cakeshop,
2020
Saint Louis University School of Law
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
All Faculty Scholarship
This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s …
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement,
2020
Touro Law Center
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
Institutionalizing Consent Myths In Grade School,
2020
University of Oklahoma College of Law
Institutionalizing Consent Myths In Grade School, Shawn E. Fields
Oklahoma Law Review
No abstract provided.
Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine,
2020
University of Maryland Francis King Carey School of Law
Gundy V. United States: Breathing New (And Unexpected) Life Into The Nondelegation Doctrine, Brandon K. Wharton
Maryland Law Review
No abstract provided.
Dehumanization “Because Of Sex”: The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities,
2020
Brooklyn Law School
Dehumanization “Because Of Sex”: The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin
Faculty Scholarship
No abstract provided.
An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault,
2020
Dalhousie University Schulich School of Law
An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig
Articles, Book Chapters, & Popular Press
Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …
Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop,
2020
Southern Methodist University, Dedman School of Law
Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop, Dale Carpenter
Faculty Journal Articles and Book Chapters
No abstract provided.
Are Opinions On Abortion Based On Racial Attitudes?,
2020
The University of Akron
Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller
Williams Honors College, Honors Research Projects
My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.
Balancing Burdens In Religious Freedom Claims,
2020
Presbyterian Church (USA)
Balancing Burdens In Religious Freedom Claims, T. J. Denley
Cardozo Journal of Equal Rights & Social Justice
The article examines the expansion of religious freedom claims under the First Amendment and related laws, arguing that recent developments risk creating unequal treatment and burdening marginalized groups. It critiques the shift in doctrine that favors conservative Judeo-Christian morality, potentially undermining antidiscrimination protections and creating "theocratic zones of control." The analysis emphasizes the need to balance religious freedom with the rights of third parties and equality-implicating rights.
Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine,
2020
Elon University
Porn Wars: Serious Value, Social Harm, And The Burdens Of Modern Obscenity Doctrine, P. Brooks Fuller, Kyla P. Garrett Wagner, Farnosh Mazandarani
American University Journal of Gender, Social Policy & the Law
During the 1980s, anti-pornography ideologues—an unlikely alliance of feminist activists and right-wing evangelical Christians—waged an open war against pornography and the anti-censorship feminists who supported legal protection for pornographic works. Following a pivotal defeat of an anti-pornography ordinance in federal court, the ideologies constituted in the so-called “Porn Wars” continued to guide obscenity doctrine. These ideologies have informed lower courts’ understanding of the harms and values associated with sexually explicit content more than constitutional scholars recognize, at least explicitly. Although courts recognize core feminist values such as sexual autonomy and privacy in sexually explicit content, they have built doctrine that …
Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims,
2020
American University Washington College of Law
Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Intersection Between Disability And Lgbt Discrimination And Marginalization,
2020
National LGBTQ Task Force
The Intersection Between Disability And Lgbt Discrimination And Marginalization, Victoria M. Rodríguez-Roldán
American University Journal of Gender, Social Policy & the Law
No abstract provided.
