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

Articles from Vol. 21, No. 4, 2013

Re-Problematizing Anger in Domestic Violence Advocacy
INTRODUCTIONFeminist domestic violence advocacy has been an important venue for theorizing about how to apply concepts like individual autonomy and how to intervene strategically and effectively into the dominant, patriarchal legal system. Consistently,...
Situating Staley: Investigating the Constitutionality of Forcibly Medicating a Texas Death Row Inmate to Render Him Competent for Execution
I. INTRODUCTIONPhilosopher Michel Foucault stated that the State's power to punish involves a power to discipline, which "regards individuals both as objects and as instruments of its exercise . . . . It is not a triumphant power . . . it is a modest,...
The "Federal Law of Marriage": Deference, Deviation, and Doma
I. INTRODUCTIONOn June 26, 2013, the Supreme Court held in United States v. Windsor, that the federal Defense of Marriage Act ("DOMA") is unconstitutional.1 DOMA defined marriage as solely between one man and one woman for every purpose under federal...
The Forgotten Remedy: A Legal and Theoretical Defense of Intermediate Scrutiny for Gender-Based Affirmative Action Programs
INTRODUCTIONAlthough Caucasian males constitute a minority of the total and, likewise, college-educated workforce, they dominate the upper echelons of virtually every job sector. Males comprise 85.7% of executive officership positions and 82% of directorship...
"To a Hammer Everything Looks like a Nail": The Supreme Court's Misapplication of the Vindication of Rights Doctrine
I. INTRODUCTIONItalian Colors Restaurant, a small merchant in California, decided to contract with American Express to accommodate wealthy consumers and corporate clients who use the American Express personal and corporate charge cards.1 Under the provisions...
Transgressions of Inequality: The Struggle Finding Legal Protections against Wrongful Employment Termination on the Basis of the Transgender Identity
I. INTRODUCTIONWhat defines a man or a woman? What are the differences between the two? Stereotypically, a man is seen as handsome, strong, instinctive, and assertive. In contrast, a woman is often described as beautiful, soft, patient, and understanding....
Using Reverse Payment Agreements as an Effective Way to Maintain a Patent Monopoly in the Pharmaceutical Industry
I. INTRODUCTIONCongress passed the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act) to help lower the cost of drugs for the public and to encourage investment in research and development of new drugs.1 The Hatch-Waxman...
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