The American University Journal of Gender, Social Policy & the Law


Vol. 27, 2019

God Is a Woman: Feminism as a Religion Protected under the Free Exercise Clause of the First Amendment
INTRODUCTIONI trace the origin of my idea for this piece to the 2014 United States Supreme Court decision in Burwell v. Hobby Lobby} The Court had just decided that a for-profit corporation could exercise religion and therefore that requiring a corporation...
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A Watershed Moment in the Education of American Indians: A Judicial Strategy to Mandate the State of New Mexico to Meet the Unique Cultural and Linguistic Needs of American Indians in New Mexico Public Schools
In 2014, several families and school districts sued the State of New Mexico for failing to provide all students a constitutionally sufficient system of education in violation of Article XII, Section 1 of the State Constitution. In the summer of 2017,...
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Class in the Classroom: Poverty, Policies, and Practices Impeding Education
IntroductionThe United States of America has long been known as a land of opportunity for all. Many still recognize "a pervasive ethos in America that there should be an equal opportunity for all regardless of race, class, or lineage, to attain whatever...
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Mitigating the "Lgbt Disconnect":1 Title Ix's Protection of Transgender Students, Birth Certificate Correction Statutes, and the Transformative Potential of Connecting the Two
"Bathroom inequality is one of the greatest barriers to full integration of transgender people in American life."2INTRODUCTIONIn recent years, transgender Americans have become more visible, thanks to the work of the transgender community and LGBT-rights...
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Forgotten Children: Rethinking the Individuals with Disabilities Education Act Behavior Provisions
INTRODUCTIONResearch consistently demonstrates that males-beginning when they are just young boys-externalize oppositional behavior to a markedly higher degree than females. In a school setting, this typically translates to male students being disciplined...
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There Isn't Any Dumpster
INTRODUCTION"Dumpster" is often linked with "fire" in current vernacular to connote chaos-crumbling infrastructure posing public safety threats1 due to its underfunding and poor regulation by the federal government, for example. Similarly, the phrase...
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Vol. 26, No. 3, 2018

Risky Sexual Behavior - the "Broken Windows" of Sexual Assault: A Proposal for Universities to Incorporate Targeted Intervention to Bridge the Gap between Sexual Assault Prevention and Response
IntroductionIn the last 20 years, concern about sexual assault prevention and response on college campuses has received tremendous attention, achieving a crescendo with former President Obama's "It's on Us" campaign, Title IX lawsuits by victims, the...
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Sexual Abuse of Juveniles in Correctional Facilities: A Violation of the Prison Rape Elimination Act
IntroductionCountless young adults are subjected to sexual abuse in juvenile correctional facilities.1 "Ebony V." describes her harrowing sexual abuse by a staff member: "[During the day] he'd come pick me up from the lunchroom . . . he took me back...
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Pressing Pause: Tolling Statutes of Limitations for Sex Offenses While Rape Kits Remain Untested
IntroductionOver the course of the last decade, a problem slowly made its way to the forefront of national consciousness. Hundreds of thousands of sexual assault evidence kits, also known as rape kits, were collected, stored, and forgotten.1As interest...
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Vol. 25, No. 3, 2017

Cruel and Unusual Punishment: Denying Ex-Felons the Right to Vote after Serving Their Sentences
I.IntroductionAs a child, Perry Hopkins wanted to be president.1 After a court convicted him of a non-violent drug felony, he lost more than his ability to be president; he lost the ability to even cast a vote in a presidential election.2 Hopkins vividly...
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Jasta Straw Man? How the Justice against Sponsors of Terrorism Act Undermines Our Security and Its Stated Purpose
I.IntroductionOn September 11, 2001 at 8:46:40 a.m., American Airlines Flight 11 crashed into the North Tower of the World Trade Center in New York City.1 Sixteen minutes and thirty-one seconds later, United Airlines Flight 175 struck the South Tower,...
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Vol. 25, No. 2, 2017

A Higher Power Produces Greater Problems: How Religious Honor Codes and Religious Schools Exacerbate Campus Sexual Assault
I.INTRODUCTIONDuring Thanksgiving break of her freshman year at Patrick Henry College (PHC), Sarah woke up to find one of her classmates attempting to rape her.1 Shortly thereafter, Sarah reported her assault to the PHC Dean of Women, Sandra Corbitt,...
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Vol. 25, No. 1, 2017

As a Matter of Fact, No: Appellate Jurisdiction to Review Denials of Deferral of Removal under the Convention against Torture
I. INTRODUCTIONElenilson J. ortiz-Franco is one of eleven million immigrants living in the United States without permission from the U.S. government.1 Ortiz-Franco, a citizen of El Salvador, is a former member of the Salvadoran gang MS-13; he immigrated...
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Vol. 22, No. 3, 2014

Bridging the Gap between Policy and Practice: Using Negotiated Rulemaking to Build Consensus on Assessments in Special Education
I. INTRODUCTIONOver 6.6 million special education students are served in U.s. schools and covered by the No Child Left Behind Act (NCLB) and the individuals with Disabilities Education Act (iDEA).1 This number reflects roughly 13.4% of the total enrollment...
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