Amicus Briefs
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Through its litigation initiatives, Legal Momentum has made historic and enduring contributions to the rights and opportunities available to women. This is often accomplished through participation in cases as amicus curiae ("friend of the court"). Amici are groups or individuals who are not parties to the case but have particular expertise in the issues at its heart. They bring their expertise to the court in the form of an amicus brief to inform the court’s deliberations. Each year Legal Momentum writes and joins numerous amicus briefs in cases dealing with issues central to our mission.
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Workplace Equality and Economic EmpowermentJoined Amicus Brief: Determined whether an employer's conduct has to be "egregious" or "outrageous" in order to sustain an award of punitive damages under Title VII and the Americans with Disabilities Act.
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Violence Against Women and GirlsJoined Amicus Brief: Whether policy required an exception to the "proportionate share" of damages rule in cases of domestic violence where the police fail to act resulting in harm to the victim.
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Equal Educational OpportunitiesSex-Based ClassificationJoined Amicus Brief: Addressed a challenge to the three-part participation test for compliance with Title IX promulgated by the Department of Education’s Office for Civil Rights.
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Reproductive Rights | Public Benefits and PovertyAuthored Amicus Brief: Determined whether the New Mexico Constitution's Equal Rights Amendment prohibited a state ban on Medicaid funding for medically necessary abortions except in cases of rape, incest, or medical necessity.
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Workplace Equality and Economic EmpowermentReproductive Rights | Public Benefits and PovertyJoined Amicus Brief: Determined the constitutionality of Florida's ban on Medicaid funding for abortion except in cases of rape or incest.
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Fairness in the Courts | Violence Against Women and GirlsVAWA Civil Rights RemedyAuthored Amicus Brief: Determined the right to sue under VAWA's civil rights remedy for nonphysical violence (e.g. threats and harassment).
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Fairness in the Courts | Violence Against Women and GirlsVAWA Civil Rights RemedyAuthored Amicus Brief: Determined the constitutionality of the Violence Against Women Act's civil rights remedy.
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Equal Educational OpportunitiesChild AbuseAuthored Amicus Brief: Determined the right to sue schools for peer-to-peer sexual harassment under Title IX and § 1983.
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Fairness in the Courts | Workplace Equality and Economic EmpowermentJoined Amicus Brief: Determined whether an employee who suffered sexual harassment by a supervisor can recover damages against her employer under Title VII.
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Fairness in the Courts | Violence Against Women and GirlsVAWA Civil Rights RemedyAuthored Amicus Brief: Concerned the right of an abuse victim to tort remedies under the civil rights remedy provision of VAWA.