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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Violence Against Women and GirlsDomestic Violence and ChildrenJoined Amicus Brief: This case raises important issues about the negative impacts Administration for Children’s Services (ACS) have on non-respondent survivors and their children. ACS inspections represent a form of double victimization, inflicting invasive and demeaning intrusions that amplify the stress experienced by survivors of domestic violence and their families.
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Violence Against Women and GirlsAuthored Amicus Brief: Sex-based harassment is pervasive, especially in university research labs, but vastly underreported, often due to fear of retaliation. Reported harassers are increasingly using defamation lawsuits to retaliate against their victims when they speak out, or to silence their victims from speaking out in the first place. Under current law, employers are required to investigate claims of sexual harassment, and many employees are mandated to report harassment. However, if employers can be sued for undertaking a legally required investigation, there is no incentive to conduct one.
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Violence Against Women and GirlsDomestic Violence and Children
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Violence Against Women and GirlsAuthored Amicus Brief: Legal Momentum’s amicus brief, drafted in coordination with the National Crime Victim Law Institute, AEquitas, and the Complex Appellate Litigation Group, explains the real harm caused by such threats to victims of stalking and intimate partner violence and the dynamics of non-physical forms of gender-based violence, including technology-facilitated abuse, that make clear an objective test that takes into account the full context of such threats is necessary and supported by social science research.
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Equal Educational Opportunities | Violence Against Women and GirlsAuthored Amicus Brief: Authored amicus brief: Legal Momentum, with the Fierberg National Law Group, were joined by 13 other gender justice and anti-gender-based violence organizations is filing a brief before the Connecticut Supreme Court in support of Jane Doe in Khan v. Yale University, et al. Jane Doe made a complaint of sexual assault to Yale University against Plaintiff Khan. She participated in the school's Title IX process and Khan was later expelled. Among other claims against the university, Plaintiff Khan sued Jane Doe for defamation for her statements made during the campus proceedings. The Court will consider whether statements made during the course of Title IX sexual harassment proceedings are entitled to absolute immunity from defamation claims. The amicus brief highlights for the Court the myriad public policy reasons supporting interpretation of Connecticut's defamation law to grant immunity to statements made during the course of schools' Title IX sexual harassment proceedings.
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Fairness in the Courts | Violence Against Women and Girls
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Fairness in the Courts | Violence Against Women and GirlsAuthored Amicus Brief: Legal Momentum, the National Crime Victim Law Institute and pro bono counsel Covington & Burling, filed an amicus brief in the New York Supreme Court’s Appellate Division, First Department. This brief is in support of a sexual assault survivor and her right to anonymity in the civil court she brought a suit against her perpetrator in. This case invokes the New York Civil Rights Law § 50-b, which creates a statutory right for victims to file civil cases under a pseudonym by prohibiting the identification of victims in public documents.
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Fairness in the Courts | Violence Against Women and GirlsAuthored Amicus Brief: Regarding whether a survivor of domestic violence can proceed anonymously in litigation when they face a credible risk to their safety.
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Fairness in the Courts | Violence Against Women and GirlsSex-Based ClassificationJoined Amicus Brief: Concerning the enduring need for the Equal Rights Amendment (ERA) after being ratified by 3 states post- the 1982 "deadline."
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Fairness in the Courts | Violence Against Women and GirlsVAWA Civil Rights RemedyAuthored Amicus Brief: Concerning whether additional allegations are necessary to prove animus in alleged rape and sexual assault cases.
