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Susan D. Rozelle, Making Waves: Radicalizing Act Reasonableness, in Criminal Law Conversations (Paul H. Robinson et al. eds., Oxford University Press, 2009)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan et al., Tax, Estate, and Financial Planning for the Elderly Forms Book (2009)Clicking on the button will copy the full recommended citation.
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Michèle Alexandre, When Freedom Is Not Free: Investigating the First Amendment’s Potential for Providing Protection Against Sexual Profiling in the Public Workplace, 15 Wm. & Mary J. Women & L. 377 (2009)Clicking on the button will copy the full recommended citation.
This article explores the ways in which bodily expression can constitute symbolic speech that courts should protect pursuant to the First Amendment of the Constitution. In a previous article, I referred to this type of bodily speech as “body protest.” Body protest can refer to actions that individuals undertake to assert their autonomy, identity, and freedom from societal restrictions. For women, body protest may be used “to challenge gender restrictions and to activate women-centric legal reforms.” For example, women may express body protest through dance, dress, or performance arts. These individuals are often sexually profiled because of how they use their bodies. This article analyzes the sexual profiling issues inherent in grooming cases within the context of First Amendment jurisprudence in the public employment sphere and argues that the First Amendment's protection of freedom of expression offers a basis to expand upon personal rights in grooming cases.
The goal of this article is to argue that by placing body protest and other expression that occurs in public employment appropriately within the scope of the First Amendment, society can eradicate widespread gender bias in the workplace. Part I of this article discusses why the First Amendment should be strengthened as a cause of action in gender-based grooming cases. Part II presents evidence of sexual profiling in rape cases, which reflect society's attitudes towards women's grooming choices. Parts III and IV analyze sexual profiling in the workplace, the treatment of gender-based grooming policies and sex stereotyping under Title VII, and the utilization of conduct as gender-based expression under the First Amendment. Part V *378 seeks to reconcile sexual profiling claims brought under the First Amendment with Supreme Court jurisprudence from Pickering v. Board of Education, Connick v. Myers, and Garcetti v. Ceballos. And last, Part VI considers the possibility of learning by analogy from the sexual orientation cases.
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Susan D. Rozelle, Sometimes a Control Test is Just a Control Test, in Criminal Law Conversations (Paul H. Robinson et al. eds., Oxford University Press, 2009)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, The New Importance of Advance Directives, 2 Estate Planning and Community Property Law Journal 1 (2009)Clicking on the button will copy the full recommended citation.
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Michèle Alexandre, “Girls Gone Wild” and Rape Law: Revising the Contractual Concept of Consent & Ensuring an Unbiased Application of “Reasonable Doubt” When the Victim Is Non-Traditional, 17 Am. U. J. Gender & Soc. Pol'y & L. 41 (2009)Clicking on the button will copy the full recommended citation.
This article, entitled “Girls Gone Wild” and Rape Law: Revising Contractual Concept of Consent and Ensuring an Unbiased Application of "Reasonable Doubt” When the Victim Is Non-Traditional (American University Journal of Gender, Social Policy and the Law, Volume 17, Number 1, 2009), argues that the traditional contractual standard for consent applied in rape cases is erroneous and particularly harmful to non-traditional rape victims. It, therefore, proposes a change to what is coined by the author as a “continuum-based” standard of consent. Courts’ treatment of non-traditional rape victims when applying the traditional contractual consent standard perpetuates gender biases that nullify the very purpose of the rape shield laws. These decisions are full of sexist assumptions and inferences about the victim’s sexual behavior, which courts use to justify their decisions to allow evidence of the victim’s past sexual conduct. This type of evidence unfailingly permeates the jury’s decision as to whether or not the alleged victim’s behavior and past acts are worthy of protection.
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Susan D. Rozelle, No Excuse for You, in Criminal Law Conversations (Paul H. Robinson et al. eds., Oxford University Press, 2009)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, Pure Insanity, 42 Tex. Tech L. Rev. 543 (2009)Clicking on the button will copy the full recommended citation.
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Stephanie Vaughan, Persuasian is an Art . . . But It is Also an Invaluable Tool in Advocacy, 61 Baylor L. Rev. 635 (2009)Clicking on the button will copy the full recommended citation.
The article is about persuasion. It highlights the origins of advocacy, details how to write persuasive documents, and provides tips for presenting persuasive oral arguments. Appendices include practical checklists for editing and preparing for oral arguments, and a list of style tips. This Article is important because it gives advocates the tools they need to better prepare for making persuasive arguments, both in writing and orally, while grounding the “art of persuasion” in rhetoric and ancient-Greek philosophies and teachings.
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Luz Estella Nagle, U.S. Narcotic Kingpin List Snares Innocents in Its Impersonal Web, 25 Int'l Enforcement L. Reporter 263 (2009)Clicking on the button will copy the full recommended citation.