The Law of Motherhood in the Gender-Dependent Application of Criminal Responsibility for Failing to Protect Children
When a child is injured or killed by an adult in the home, a marked gender division appears in the application of criminal responsibility against the non abusing parent. States regularly use accomplice liability/accountability theory or statutes criminalizing the failure to protect one’s children against mothers for the harm perpetrated by her male partner, but […]
Appearance Based Hiring: The ‘Bona Fide Occupational Qualification’ Carveout, Exploring Hooters of America and Air India v. Nargesh Meezra
Title VII of the Civil Rights Act of 1964 permits hiring discrimination on the grounds of religion, sex and natural origin as a bona fide occupational qualifcation (BFOQ), if the same is integral to the business of the establishment. For years, the American franchise Hooters has been subjected to various lawsuits for its discriminatory hiring […]
Domestic Violence, Firearms, and a Federal Registry: Equipping Victims to Enforce Lifesaving Legislation
Guns and domestic violence can be a lethal combination for victims. In the 1990s, Congress recognized this danger and passed two important pieces of legislation: one barring individuals subject to a protection order from possessing firearms, and one prohibiting the same from individuals convicted of domestic violence. Unfortunately, these laws have not been well-enforced. One […]
Out of Bounds: Gender Outlaws, Immigration, & The Limits of Assimilation
Queer and transgender Americans have secured substantial federal protections in the past decade, from United States v. Windsor’s takedown of the Defense of Marriage Act to Obergefell v. Hodges’s guarantee of marriage equality to Bostock v. Clayton’s affirmation of the inclusion of queer and transgender identity in Title VII protections. Other recent developments, including new […]
“Wombs for Rent” or Bodily Autonomy? Feminist Ambivalence Towards Assisted Reproduction in the 21st Century
Assisted reproduction has become increasingly widespread in the United States, with 73,602 children born using assisted reproductive technologies (ART) in 2020 alone. Yet, as of late, ART has not fostered much mainstream feminist action or extensive contemporary discourse within feminist legal theory. This raises the questions that motivate this Note: What has led to feminist […]
Multilevel Marketing, an Unwinnable Lottery: How MLMs Illegally Target Women and Minorities Using Deceptive and Predatory Recruitment Practices and the Need for Specific and Expanded Legal Protections
This Note details the rise of the modern multilevel marketing companies’ (MLMs) business model and explores how MLMs have become synonymous with deceptive recruiting practices that target and exploit women and minorities. To understand the rise of the “modern MLM”—defined by this Note as direct selling companies incorporated after 1979—this Note begins with a discussion […]