Federalism And The State Police Power: Why Immigration And Customs Enforcement Must Stay Away From State Courthouses,
2018
University of New Mexico - School of Law
Federalism And The State Police Power: Why Immigration And Customs Enforcement Must Stay Away From State Courthouses, George Bach
Faculty Scholarship
The Trump Administration’s rhetoric and increased immigration enforcement actions have raised the level of fear in immigrant communities. The increased enforcement has included having United States Immigrant and Customs Enforcement (ICE) agents appear at state and local courthouses to detain undocumented immigrants when they arrive for court. This presence has had an adverse effect on domestic violence victims who are immigrants, as they fear encountering immigrations officials at the courthouse. In El Paso, for example, agents detained a woman who was bringing a case of domestic violence against her abuser. There were claims that ICE was tipped off about the …
Silent, Spoken, Written, And Enforced: The Role Of Law In The Construction Of The Post-Colonial Queerphobic State,
2018
Cornell Law School, J.D. Candidate, 2019
Silent, Spoken, Written, And Enforced: The Role Of Law In The Construction Of The Post-Colonial Queerphobic State, Chan Tov Mcnamarah
Cornell International Law Journal
Debates over the origins of queerphobia in post-colonial African nations are legion. The conversation is dominated by opinions that paint Africans as inherently more violent towards, and less tolerant of sexual minorities than their Western counterparts. Less present in the conversation is the view that colonially-imposed laws have played a significant role in the creation of queerphobic, post-colonial African states. However, as this Note contends, neither perspective fully accounts for regional variations in levels of queerphobia throughout the African continent. In response, this Note presents a model that tracks the role of law in the production of queerphobic sentiment prior …
Gender Nonconforming Expression And Binary Thinking: Understanding How Implicit Bias Becomes Explicit In The Legal System, Considering The Shooting Death Of Philando Castile,
2018
University of Missouri - Kansas City, School of Law
Gender Nonconforming Expression And Binary Thinking: Understanding How Implicit Bias Becomes Explicit In The Legal System, Considering The Shooting Death Of Philando Castile, Patrick C. Brayer
Faculty Works
Theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal profession can learn from artists and thinkers on the cutting edge of gender non-conforming expression. Understanding how individuals stigmatize, and at times discriminate against, gender fluid people by limited and binary thinking is an important progression in comprehending how implicit bias (specifically against people of color) becomes explicit and influences legal actors including law enforcement and jurors. The tragic shooting of Philando Castile …
Beyond The Movement: State Action In Addressing Campus Sexual Violence,
2018
Bemidji State University
Beyond The Movement: State Action In Addressing Campus Sexual Violence, Amijo Wadena
Political Science Theses and Capstones
The "Me Too" movement, started by actress Alyssa Milano, has helped shine a light on the prevalence of sexual harassment and sexual violence throughout the country. While it has helped the public understand the magnitude of the issue, it has only started the conversation about sexual violence. And while the focus has mostly been on Hollywood, there has been one area that is being overlooked; sexual violence on College and University campuses. With Secretary DeVos' repeal of Obama era policies, the current administration is being a lot less transparent when it comes to sexual violence, in general. With policy-making responsibility …
Personhood Seeking New Life With Republican Control,
2018
Mississippi College School of Law
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Indiana Law Journal
Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the practice …
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality,
2018
Benjamin N. Cardozo School of Law
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Cardozo International & Comparative Law Review
The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.
The Normalization Of Prostitution In Switzerland: The Origin Of Policies,
2018
University of Helsinki
The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen
Dignity: A Journal of Analysis of Exploitation and Violence
In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.
Sex And Religion: Unholy Bedfellows,
2018
University of North Carolina School of Law
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Michigan Law Review
A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.
Fifty Shades And Fifty States: Is Bdsm A Fundamental Right? A Test For Sexual Privacy,
2018
William & Mary Law School
Fifty Shades And Fifty States: Is Bdsm A Fundamental Right? A Test For Sexual Privacy, Elizabeth Mincer
William & Mary Bill of Rights Journal
No abstract provided.
Gender Violence And Human Rights In An Era Of Backlash,
2018
William & Mary Law School
Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid
William & Mary Journal of Race, Gender, and Social Justice
This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.
Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons,
2018
William & Mary Law School
Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking,
2018
Bates College
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Chicago-Kent Law Review
In the name of public health, authorities in San Francisco and New York City pursued the closure of gay bathhouses in 1984 and 1985, respectively. We challenge the dominant historical narrative that justified these closings, and through that challenge, we argue that these closures constituted a dignity taking against gay and queer-identified men. Bathhouses were not simply dens of impersonal anonymous sex. They were critical sites of community development and queer kinship. Many governing authorities neither considered the value of these institutions nor grappled with queer understandings of space, contact, intimacy, and belonging. The debates and the closures that followed …
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014,
2018
Morality in Media & National Center on Sexual Exploitation
Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters
Dignity: A Journal of Analysis of Exploitation and Violence
A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity,
2018
Florida International University
Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo
Seattle Journal for Social Justice
No abstract provided.
Law Library Blog (March 2018): Legal Beagle's Blog Archive,
2018
Roger Williams University
Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics,
2018
Western State College of Law
What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower
DePaul Journal of Women, Gender and the Law
No abstract provided.
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing,
2018
DePaul University
Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov
DePaul Journal of Women, Gender and the Law
No abstract provided.
Intersectionality As An Institution: Changing The Definition Of Feminism,
2018
DePaul University
Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.
DePaul Journal of Women, Gender and the Law
No abstract provided.
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes,
2018
University of Notre Dame
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …
Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000,
2018
University of Maine School of Law
Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon
Maine Law Review
Recent medical advances that permit human conception without intercourse, in combination with sociological changes in our country, dramatically enlarge the population of adults who can produce or raise children. The legal price for this broadening of opportunity, however, is a diminishment of certainty: We are no longer sure whom we should identify as a child's parents. These are important questions, of course, because ready answers will quickly dampen disputes about custody and will immediately establish support obligations and the children's eligibility for health insurance, for inheritance, for Workers' Compensation benefits, and for Social Security survivor benefits. But as important as …
