Domestic Violence

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Fall 2014
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Update to "Drama in Sports: The NFL and Ray Rice" by Brittany Brewer, October 2014
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The NFL’s horrendous fumble to only suspend football player, Ray Rice, for only two games, in their attempt to remedy Rice’s involvement in his domestic violence dispute, has publically magnified the need for social reform for domestic abuse nationwide.

The NFL has implemented new protocols after receiving public backlash for their internal handling of the Rice situation. This has put the NFL at the vanguard of much-needed reform. The NFL’s new policy, which goes into effect this month, is a standalone domestic violence and sexual abuse policy that creates a duty for both the league and every team. The league and every team will have their own Critical Response Teams, consisting of human resource directors, security officers, player engagement directors, clinicians and support services. The objective of the Critical Response Team is to provide resources and a safe environment for anyone involved in a domestic dispute. As for disciplinary actions, the NFL recently enacted a stricter policy consisting of a six game, no pay suspension for the first incident and a lifetime ban for the second incident. A second time offender can petition for reinstatement after the first year, but there is no guarantee on reinstatement. Internal discipline would be triggered by adjudication of a player's case, such as a conviction or plea agreement. Sixteen NFL players have been arrested for domestic violence since 2012, which is more than any other major sports organization.

The NFL is the most watched sport in America; the number of fans viewing and following football on a regular basis puts them at the forefront to be the voice for change. The harsh criticism of their previous disciplinary actions, alongside the wide popularity among young men and adult males, forces the NFL to push for nationwide reform. Reform is not only about implementing new policies, but it is also about spreading the word and teaching young men and women that domestic abuse is not and shout not be tolerated or ignored. The league’s popularity has led organizations, such as NoMore.org, to use the NFL’ and their players as a platform for change.

In 2006, pitcher Brett Myers was not disciplined after punching his wife in the face in public and in front of witnesses; he actually started the very next day. In 2005, outfielder Milton Bradley had three separate domestic violence issues where the police were called; no charges were ever filed and no team discipline was initiated. Ironically, Bradley was nominated for the Roberto Clemente Award that season, which is given annually to the player that best exemplifies sportsmanship, community involvement and team contribution. In 2013, Bradley was charged on nine counts of spousal battery that led to a three-year sentence. Last July, former player and long time manger, Bobby Cox, who has a long list of domestic violence issues in his past, was inducted into the Baseball Hall of Fame. At no time did Selig intervene in any of these cases.

MLB’s current collective bargaining agreement (CBA) contains rules addressing inappropriate or criminal behavior, but it does not address domestic violence on its own. And the current CBA lasts only through 2016. MLB, also known as America’s pastime, is an organization that prides itself on being part of the fabric of who we are as a nation. They “stand up to cancer”, swing pink bats on Mothers Day, and blue bats on Fathers Day. Perhaps, 2016 is too far down the road to ignore such pressing issues that are sure to ensue within the next two years.

Like the NFL and MLB, other top professional sports organizations are being prompted by the recent uproar to restructure their domestic violence policies. The NBA, like MLB, has always taken the passive approach. Over the last three years nine NBA players have been struck with domestic violence charges, and the league disciplined none of these players because their case was either dismissed or is currently pending. Not until last month has the league or any affiliate taken swift corrective action. NBA Commissioner, David Silver, has since said that the league will “take a fresh look” at its domestic violence procedures.

There is a need to restructure policies before athletes or employees corner these major sports organizations into poor decision- making positions. And these organizations must be the voice that spreads a message of reform. All of the major sports organizations have millions of fans; men, women and children of all ages watch, play, live and breathe sports. The opportunity that each league has to change how they address domestic violence is the opportunity of a lifetime. It’s the opportunity to make a social change for the greater good of society and for future generations.

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Julie Greenberg

Books

Intersexuality and the Law: Why Sex Matters (NYU Press, 2012)

Articles, Book Chapters, And Article-Length Works

The Legal Status of Intersex Persons in the United States, in The Legal Status of Intersex Persons: A Comparative International Analysis (Jens Scherpe ed., Intersentia, forthcoming 2017)

Law, Ethics, and Genital Cutting , in Female Genital Cosmetic Surgery: Interdisciplinary Analysis and Alternative Solutions (Lih-Mei Liao and Sarah Creighton ed., Cambridge University Press, forthcoming 2017)

Legal, Ethical, and Human Rights Considerations for Physicians Treating Children with Atypical or Ambiguous Genitalia, 41 Seminars in Perinatology 252 (Ian Gross, Christopher Houk, and Peter Lee eds., 2017)

Unequal Protection for Sex and Gender Nonconformists, in CONTROVERSIES IN EQUAL PROTECTION CASES IN AMERICA 201 (Anne Richardson Oakes ed., Ashgate 2015)

Interacting with Individuals with an Intersex Condition in the Workplace, in Gender Identity and Sexual Orientation Discrimination in the Workplace 46-1 (Christine Duffy ed., BNA 2014)

Health Care Issues Affecting People with an Intersex Condition or DSD: Sex or Disability Discrimination, 45 Loy. L.A. L. Rev. 849 (2012), available at http://digitalcommons.lmu.edu/llr/vol45/iss3/5/

Beyond the Binary: What Can Feminists Learn From Intersex and Transgender Jurisprudence?, 17 Mich. J. Gender & L. 13 (with Marybeth Herald and Mark Strasser, 2010)

Intersex: Practice, Theory and Activism (with Sarah M. Creighton, Katrina Roen, and Del LaGrace Volcano) in Intersex and After, 15 GLQ 249 (Iain Morland ed., Duke University Press 2009)

The Road Less Traveled: An Interdisciplinary and Cross-Cultural Analysis of Binary Sex Categories, in Transgender Rights 51 (Paisley Currah, Richard M Juang, Shannon Minter eds., Univ. of Minnesota Press 2006)

Intersex and Intrasex Debates: Building Alliances to Challenge Sex Discrimination, 12 Cardozo J. of L. And Gender 99 (2006)

International Legal Developments Protecting the Autonomy Rights of Sexual Minorities, in Ethics and Intersex 87 (Sharon Systma ed., Spriger 2006)

You Can’t Take it With You: Constitutional Consequences of Interstate Gender Identity Rulings, 80 Wash. L. Rev. 819 (with Marybeth Herald) (2005)

When Is a Same-Sex Marriage Legal? Full Faith and Credit and Sex Determination, 38 Creighton L. Rev. 289 (2005)

Because of Sex, San Diego Lawyer, 50 (Nov./Dec. 2004)

Gender Nonconformity: A Comprehensive Theoretical Approach to Break Down the Maternal Wall and End Discrimination Against Gender Benders - Commentary on Keynote Speaker Joan Williams's "Beyond the Glass Ceiling," 26 T. Jefferson L. Rev. 37 (2003)

Legal Aspects of Gender Assignment, 13 Endocrinologist 276 (2003)

Definitional Dilemmas: Male or Female? Black or White? The Law's Failure to Recognize Intersexuals and Multiracials, in Gender Nonconformity, Race, and Sexuality: Charting the Connections 102 (Toni Lester, ed., Wisconsin Univ. Press, 2002)

What Do Scalia and Thomas Really Think About Sex? Title VII and Gender Nonconformity Discrimination: Protection for Transsexuals, Intersexuals, Gays, and Lesbians, 24 T. Jefferson L. Rev. 149 (2002)

Deconstructing Binary Race and Sex Categories: A Comparison of the Multiracial and Transgendered Experience, 39 San Diego L. Rev. 917 (2002)

When Is a Man a Man and When Is a Woman a Woman?, 52 Fla. L. Rev. 745 (2000)

Defining Male and Female: Intersexuality and the Collision Between Law and Biology, 41 Ariz. L. Rev. 265 (1999)

Reconceptualizing Preconception Torts, 64 Tenn. L. Rev. 315 (1997)

Negligent Infliction of Emotional Distress: A Proposal for a Consistent Theory of Tort Recovery of Bystanders and Direct Victims, 19 Pepp. L. Rev. 1283 (1992)

Considering the Gains for LGBT Rights in Light of the Election, Thomas Jefferson School of Law 17th Annual Women and the Law Conference, Thomas Jefferson School of Law, San Diego (February 13, 2017)

International Legal Developments Affecting Sex and Gender Nonconformists, Osher Institute, UCSD, San Diego, CA (January 13, 2017)

Legal Aspects in the Care of Patients with a DSD, Pediatric Academic Societies, Baltimore, MD (May 13, 2016)

What Every Lawyer, Doctor and Hospital Need to Know, ABA Conference on Emerging Issues in Healthcare Law, San Diego, CA (February 13, 2016)

The Need for LGBT Employment Laws, Whittier Law School Conference on Employment Law, Bargaining Power, and the Gap , Whittier Law School , Costa Mesa, CA (November 7, 2014)

Advancing the Intersex (DSD) Movement Through the Courts, National LGBT Bar Association Lavender Law Conference, San Francisco, CA (August 24, 2013)

Plenary Speaker, Still to Come: Looking Forward to the Next 25 Years, National LGBT Bar Association Lavender Law Conference, San Francisco, CA (August 24, 2013)

Same-Sex Marriage: Recent Judicial and Legislative Developments, Osher Institute, UCSD, San Diego, CA (June 6, 2013)

The Intersex (DSD) Movement: Developing Legal and Extra-Legal Strategies, The National LGBT Bar Association Lavender Law Conference, Washington D.C. (August 24, 2012)

Current Issues in the Intersex Community, San Diego Psych-Law Society, San Diego, CA (July 27, 2012)

Legal Challenges Confronting the Intersex Community, The National LGBT Bar Association National Call-In, (April 5, 2012)
(Available at http://www.lgbtbar.org/resources/lecture-series/)

Intersexuality and the Law: Why Sex Matters, Faculty Colloquium Series, University of New Mexico Law School, Albuquerque, NM (March 4, 2012)

Intersexuality and the Law: Why Sex Matters, Williams Institute, UCLA School of Law, Los Angeles, CA (February 2, 2012)

Developing Legal Framework and Building Effective Alliances to Advance the Healthcare Needs of People with an Intersex Condition, LGBT Identity and the Law Conference, Loyola Law School, Los Angeles, CA, October 21, 2011

Revisiting Disability Frameworks, National LGBT Conference, Hollywood, CA, September 2011

Same-Sex Marriage:  Past, Present, and Future, The Osher Institute at University of California San Diego, San Diego, CA, August 4, 2010

Putting T Issues Front and Center, National LGBT Conference, Miami Beach, FL, August 2010

New Legal Strategies for Challenging the Medical Treatment of Children with an Intersex Condition, National LGBT Conference, Miami Beach, FL. August 2010

Transgender Legal Issues Through an Intersex Lens, Transgender Law Institute, Miami Beach, FL, August 2010

The Intersectionality of the Body, Fourth Annual UCLA Critical Race Studies Conference, Intersectionality: Challenging Theory, Reframing Politics, Transforming Movements, Los Angeles, CA, March 2010

Inside Insights into Transgender Law, Foothills Bar Association, January 11, 2010

Gender, Race and Athletics: Caster Semenya and the Politics of Sex Determination, John M. Langston Bar Association, Los Angeles, CA, Dec. 2010

Moderator, California Proposition 8: New Strategies for the Same-Sex Marriage Debate, San Diego Historical Society, July 30, 2009

To Add or Not to Add the "I" to GLBTQ: What does it mean to the Intersex Community?, The Global Arc of Justice: Sexual Orientation Around the World, UCLA, Los Angeles, CA, March 13, 2009

Rhetoric and Relevance: An Investigation into the Present and Future of Feminist Legal Theory, University of Michigan Law School, Feb. 13, 2009

Incorporating Intersexuality Issues into the Law School Curriculum, American Association of Law Schools Annual Meeting, San Diego, CA, Jan 7, 2009

Sister State Recognition of Sex Determination Rulings, National Transgender Roundtable, Washington, DC, Dec 12, 2008

Pleary Session Moderator, Legal Issues Facing the LGBT Community 2008-2012, Lavender Law Conference, San Francisco, CA, Sept. 2008

Intersex Infants and Elective Genitoplasty: Issues of Consent, Lavender Law Conference, San Francisco, CA, Sept. 2008

Speech in the Culture Wars, Lavender Law Conference, Chicago, IL, Sept. 2007

Dismantling or De-emphasizing Gender?: The Radical (or not) Agenda of the Transgender Rights Movement, Lavender Law Conference, Chicago, IL, Sept. 2007

Sex Matters, University of Keele, Keele, England, June 2007

Feminist and Queer Social Justice Movements, Kent University, Canterbury, England, May 2007

Cutting-Edge Sex Discrimination Issues: Inside Insights into Transgender Law, San Diego County Bar Association, San Diego, CA, Dec. 2006

Intersexuality and the Law, American Association of Law Schools Annual Meeting, Washington D.C., Jan. 2006

FAIR v. Rumsfeld and the Constitutionality of the Solomon Amendment, Thomas Jefferson School of Law, San Diego, CA, Nov. 2005

Plenary Speaker: Marriage, Civil Unions, Domestic Partnerships and Other Family Structures in a Mobile Society, Lavender Law Conference, San Diego, CA, Oct. 2005

Intersex Legal Issues, Lavender Law Conference, San Diego, CA, Oct. 2005

International Legal Developments Protecting the Autonomy Rights of Sexual Minorities, Nice Law School, Nice, France, July 2005

International Developments in the Medical Management of Intersexuality and the Doctrine of Informed Consent, XXIX International Congress on Law and Mental Health, Paris, France, July 2005

Keynote Address, Intersex and Intrasex Debates: Building Alliances to Challenge Sex Discrimination, Cardozo Law School, New York, N.Y. Feb. 2005

Transglobal Transformation Through Transgender Theory, Fifth Annual Women and the Law Conference: The Global Impact of Feminist Legal Theory, Thomas Jefferson School of Law, San Diego, CA, Feb. 2005

You Can’t Take it with You: Constitutional Limitations on Interstate Identity Rulings, The Williams Project and UCLA Faculty Colloquium, Los Angeles, CA, Oct. 2004

When is a Same-Sex Marriage Legal?, The Implications of Lawrence and Goodridge for Recognition of Same-Sex Marriage and for the Validity of DOMA Conference, Catholic University, Washington, D.C., May 2004

Sex Determinations and Same Sex Marriages: Will They Be Entitled to Full Faith and Credit?, Law and Society Annual Meeting, Chicago, IL, May 2004

Beyond Equality and Liberty: Full Faith and Credit and DOMA Applied to Same Sex Marriages and Sexual Identity, Law and Society Annual Meeting, Chicago, IL, May 2004

Same-sex Marriage: What is Missing from the Debate?, University of San Diego, Department of Sociology, University of San Diego, Mar. 2004

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