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Title IX and Menstruation
Get PDF“Oh no. Could I borrow a tampon or pad?” These (or similar) words are familiar to almost everyone who has ever had a period. Even for adults, menstruation can at times be a challenge. For some schoolchildren, it can be an insurmountable obstacle to receiving an education. Students are subject to constant observation by classmates and teachers; they may not have autonomous access to a bathroom during the school day; or they may not be able to afford menstrual products. They may experience menstruation-related peer harassment, restrictive school policies, a lack of access to menstrual products, and inadequate menstruation-related education. As a result, a menstruating student may find it difficult to concentrate in school or even attend school at all, depending on the circumstances. This Article explores the intersection of menstruation and education to uncover the related impediments students face. Because menstruation is uniquely associated with female biology, a school’s failure to address the needs of menstruating students amounts to a denial of educational opportunities on the basis of sex under Title IX.
In recent years, students themselves have played notable roles in successful efforts to cause schools to provide free pads or tampons to students. Currently most states do not require schools to do so. Even in states where schools have a legal obligation to provide menstrual products to students, availability is only one part of a larger problem. Unless students can access bathroom facilities in response to their biological needs, and do so without shame, stigma or restriction, students may risk bleeding during class, failing to change tampons or pads as medically recommended, or even leaving (or skipping) school. This Article argues that pursuant to Title IX, schools should provide students with an education free of unnecessary anxiety about the biological process of menstruation. This freedom from anxiety is a necessary precondition for having meaningful opportunities to fully participate in school and all aspects of public life. In its final section, the Article buttresses its analysis by employing multiple theoretical frameworks to examine the intersection of menstruation and education, concluding that menstruation is a foundational issue that the law must take into account so that society can benefit from the full participation of all of its members
CALL FOR PAPERS University of Baltimore Law Review Spring Symposium: Applied Feminism and Privacy
Get PDFThe Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Twelfth Feminist Legal Theory Conference. We hope you will join us for this exciting conference on April 2 and 3, 2020. The theme is Privacy. As always, the conference focuses on the intersection of gender and race, class, gender identity, ability, and other personal identities.
We are at a critical time for a broad range of privacy issues. State level abortion bans have put a spotlight on the importance of decisional privacy to women’s equality. Across America, advocates are fighting for reproductive justice and strategizing to preserve long-settled rights. At the same time, our informational privacy is increasingly precarious. Data brokers, app designers, and social media platforms are gathering and selling personal data in highly gendered ways. As a result, women have been targeted with predatory marketing, intentionally excluded from job opportunities, and subject to menstrual tracking by marketers and employers. In online spaces, women have been objectified, cyber-stalked, and subject to revenge porn. With regard to physical privacy, the structural intersectionality of over-policing and mass incarceration impacts women of color and other women. And while a man’s home may be his castle, low-income women are expected to allow government agents into their homes – and to turn over reams of other personal information -- as a condition of receiving state support. In addition, families of all forms are navigating the space of constitutionally-protected family privacy in relation to legal parentage, marriage and cohabitation, and child welfare systems.
We seek submissions of papers that focus on the topic of Applied Feminism and Privacy. We will interrogate multiple aspects of privacy, including its physical, decisional, informational, and family dimensions. This conference aims to explore the following questions: Is privacy dead, as often claimed? If so, what does this mean for women? How can privacy reinforce or challenge existing inequalities? How has feminist legal theory wrestled with privacy and what lessons can we draw from past debates? What advocacy will best advance privacy protections that benefit women? How do emerging forms of surveillance impact women? Can intersectional perspectives on privacy lead to greater justice? Who defines the “right to privacy” and what do those understandings mean for women? How is privacy related to other values, such as autonomy, anti-subordination, vulnerability, justice, and equality?
We welcome proposals that consider these questions and any other related questions from a variety of substantive disciplines and perspectives. The Center’s conference will serve as a forum for scholars, practitioners, and activists to share ideas about applied feminism, focusing on connections between theory and practice to effectuate social change. The conference will be open to the public and will feature a keynote speaker. Past keynote speakers have included Nobel Laureate Toni Morrison, the late Dr. Maya Angelou, Gloria Steinem, Senators Barbara Mikulski and Amy Klobuchar, NOW President Terry O’Neill, EEOC Commissioner Chai Feldblum, U.S. District Judge Nancy Gertner, Obama administration official Jocelyn Frye, and civil rights lawyer Debra Katz.
To submit a paper proposal, by Friday, November 1, 2019, please complete this form and include your 500 word abstract:
https://docs.google.com/forms/d/e/1FAIpQLSfD53kmUXZaTHa91tTl2qvn4jxL8tHzEXow3paa_yrsnw_uCw/viewform
We will notify presenters of selected papers by early December. About half the presenter slots will be reserved for authors who commit to publishing in the annual symposium volume of the University of Baltimore Law Review, our co-sponsor for this conference. Thus, the form requests that you indicate if you are interested in publishing in the University of Baltimore Law Review\u27s symposium issue. Authors who are interested in publishing in the Law Review will be strongly considered for publication. The decision about publication rests solely with the Law Review editors, who will communicate separately with the authors. For all presenters, working drafts of papers will be due no later than March 20, 2020. Presenters are responsible for their own travel costs; the conference will provide a discounted hotel rate as well as meals.
We look forward to your submissions. If you have further questions, please contact Prof. Margaret Johnson at [email protected]. For additional information about the conference, please visit http://law.ubalt.edu/centers/caf/conference/12thFeministLegalTheoryConf.cfm
The Cat Is Already Out of the Bag: Resolving the Circuit Split over the Dangerous Patient Exception to the Psychotherapist–Patient Privilege
Get PDFEndrew F. v. Douglas County School District: How the Groundbreaking Supreme Court Case Has Impacted Maryland Special Education Law
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Iron Shackles to Invisible Chains: Breaking the Binds of Collateral Consequences
Get PDFMass incarceration has a far-reaching impact when an estimated 70 million, 1 in 3, adults have a criminal record. The impact of mass incarceration is exacerbated due to collateral consequences. Collateral consequences can be defined as hidden sanctions which emerge automatically at the onset of a criminal conviction. They are referred to as “hidden” because they are not formally quantifiable in a sentence or imposed penalty. Due to the disproportionate rate in which African-Americans are incarcerated, collateral consequences have a profound impact by limiting access to jobs, professional licensure, and restricting access to the ladder of economic mobility
Researching the Law: Finding What You Need When You Need It, Third Edition
No full textResearching the Law: Finding What You Need When You Need It, Third Edition, guides students through a decidedly contemporary approach to legal research. Widely respected author Amy E. Sloan presents legal research as a process of efficiently filtering a vast quantity of available information. Simply put, students learn how to locate and identify the most pertinent and authoritative information available with the greatest possible expedience. Sloan\u27s clear, concise explanations of essential research sources are presented in a context that speaks to the way lawyers do research today, with a flexible approach that works in a rapidly changing research environment. Part I explains how to define a research question; pre-filter content before beginning a search; conduct research using a variety of search techniques; and establish post-search criteria for filtering results. Part II describes essential features of individual sources of authority and search strategies unique to each source. Part III contains research flowcharts to help students plan research strategy for different types of research projects.https://scholarworks.law.ubalt.edu/fac_books/1112/thumbnail.jp
