Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault,
2017
Western New England University School of Law
Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis
Faculty Scholarship
As a matter of civil rights, Title IX mandates that federally funded educational institutions address reports of sexual assault. Often disciplined-student plaintiffs argue unsuccessfully that the college or university’s decision to discipline them is tainted by “reverse” sex discrimination. This Article examines the recent spate of disciplined-student cases in an effort to harmonize Title IX compliance with the procedural rights of students accused of sexual assault. It provides a historical context for Title IX’s application to sexual assault on campuses and the requirements the law imposes on the educational institutions. Next, it describes the role Title IX plays in disciplined-student …
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics,
2017
Western New England University School of Law
Coaches In Court: Legal Challenges To Sex Discrimination In College Athletics, Erin E. Buzuvis
Faculty Scholarship
Sex discrimination continues to operate in the working environment of college athletics. Female coaches experience bias both because of their sex and the intersections of gender stereotypes with stereotypes about women of color, lesbians, and aging. The law continues to be a leverage to challenge barriers to women’s leadership in college sports. This Article provides an overview of the relevant legal protections in three cases brought by coaches Beth Burns, Tracey Griesbaum, and Shannon Miller. Their cases expose discrimination and the double standard related to the value of female coaches’ success.
Amicus Brief To U.S. Supreme Court In Masterpiece Cakeshop V. Colorado Human Rights Commission,
2017
Columbia Law School
Amicus Brief To U.S. Supreme Court In Masterpiece Cakeshop V. Colorado Human Rights Commission, Katherine M. Franke, Elizabeth Reiner Platt
Faculty Scholarship
On October 30, 2017 the Public Rights/Private Conscience Project, a research initiative of the Center for Gender & Sexuality Law at Columbia Law School, filed a brief in Masterpiece Cakeshop. The brief was written in coordination with our colleagues at Muslim Advocates, on behalf of 15 religious minority groups and civil rights advocates. The brief argues that the broad interpretation urged by Masterpiece Cakeshop is bad for religious liberty itself – especially for religious minorities such as Muslims, Sikhs, and other minority religious groups. The Public Rights/Private Conscience Project's position is that the Court’s early religious liberty cases were …
Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India,
2017
Benjamin N. Cardozo School of Law
Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Jocelyn Getgen Kestenbaum
Articles
No abstract provided.
Are You Wo(Man) Enough To Get Married?,
2016
Faculty of Law Universitas Indonesia, Indonesia
Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan
Indonesia Law Review
The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …
Fighting Back Against Revenge Porn: A Legislative Solution,
2016
Northwestern Pritzker School of Law
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Northwestern Journal of Law & Social Policy
No abstract provided.
Sexual Violence As The Language Of Border Control: Protecting Exceptional Difference,
2016
CUNY Graduate Center
Sexual Violence As The Language Of Border Control: Protecting Exceptional Difference, Miriam Ticktin
Publications and Research
When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys »taking turns« with their friends’ girlfriends, both parties usually being of Maghrebian or North …
Reproduction Reconceived,
2016
Florida State University College of Law
Reproduction Reconceived, Courtney Megan Cahill
Scholarly Publications
No abstract provided.
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice,
2016
Barry University School of Law
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer,
2016
Travis County Attorney's Office
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Something To Talk About,
2016
Vanderbilt University Law School
Something To Talk About, Joni Hersch, Jennifer Bennett Shinall
Vanderbilt Law School Faculty Publications
To avoid the appearance of sex discrimination that would violate Title VII of the Civil Rights Act, both Equal Employment Opportunity Commission (EEOC) guidance and a common misunderstanding of the law have resulted in little or no information about family status being provided in pre-employment interviews. To investigate whether concealing family information actually improves women’s employment prospects, we conduct an original experimental study fielded on more than 3,000 subjects. Our study provides the first ever evidence that concealing personal information lowers female applicants’ hiring prospects. Subjects overwhelmingly preferred to hire candidates who provided information, regardless of content. Any explanation improved …
The Dynamic Relationship Between Freedom Of Speech And Equality,
2016
William & Mary Law School
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
Faculty Publications
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas,
2016
American Gateways
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Roberts Court And The New Textualism,
2016
O'Melveny & Myers L.L.P.
The Roberts Court And The New Textualism, Anton Metlitsky
Cardozo Law Review
The article explores the Roberts Court's approach to statutory interpretation, focusing on its adherence to the "new textualism," a methodology emphasizing the plain meaning of statutory text. While recent cases like King v. Burwell, Bond v. United States, and Yates v. United States appear to prioritize statutory purpose over textual meaning, the Court's reasoning reinforces its commitment to textualism by framing decisions within textualist methodology, even when outcomes seem to depart from strict textual interpretation.
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees,
2016
Christian Science Monitor
Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo
Media Collection
No abstract provided.
The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview,
2016
Liberty University School of Law
The Origins Of The Transgender Phenomenon: The Challenge And Opportunity For Training Lawyers, Judges And Policy Makers In The Historicity Of Alfred Kinsey’S Pansexual Worldview, Judith Reisman
Faculty Publications and Presentations
How has the country gone from a “firm reliance on the protection of Divine Providence” to where defining marriage as the union of one man and one woman is condemned as constitutionally irrational,and where the use of sex-separate private spaces by biological sex is subject to federal discrimination lawsuits?The answer can be traced to 1948 when Dr. Alfred C. Kinsey launched what was marketed then--and now--as the first “scientific” study of human sexuality.Indeed, Chief Judge of the Seventh Circuit Court of Appeals, Richard Posner extols Kinsey’s study as the “high-water mark of descriptive sexology.”Influential law professors such as Columbia University’s …
The Evolution Of Family Law: Changing The Rules Or Changing The Game,
2016
Brigham Young University Law School
The Evolution Of Family Law: Changing The Rules Or Changing The Game, Carlos Martinez De Aguirre
Brigham Young University Journal of Public Law
No abstract provided.
Regulating Marriage In A New Environment,
2016
Brigham Young University Law School
Regulating Marriage In A New Environment, Carmen Garcimartin
Brigham Young University Journal of Public Law
No abstract provided.
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case,
2016
Brigham Young University Law School
An International Perspective On Same-Sex Marriage Post Obergefell (And Some Thoughts On Legal Positivism As A Means Of Reconciliation): The Israeli Case, Avishalom Westreich
Brigham Young University Journal of Public Law
No abstract provided.
The Development Of The Issue Of Same-Sex Couples Under Israeli Law,
2016
Brigham Young University Law School
The Development Of The Issue Of Same-Sex Couples Under Israeli Law, Yitshak Cohen
Brigham Young University Journal of Public Law
No abstract provided.
