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Articles 1 - 30 of 119
Full-Text Articles in Entire DC Network
Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller
Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller
Nevada Law Journal
A significant legal backlash against transgender individuals is currently under way. This movement--which includes state legislation, state executive action, and federal cases--seeks to limit access and participation by transgender individuals in school sports, use of bathrooms, access to appropriate care, and even the right to be addressed appropriately in the classroom. Properly understood as a political backlash in response to previous political gains by transgender individuals, this movement is composed of a series of speech acts: language that makes change in the world and alters human relations. This article identifies the features of the backlash and the power dynamics that …
The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson
The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson
UNLV Gaming Law Journal
No abstract provided.
Never Equals: Slavery, White Masculinities, And The Legacy Of Law In Today’S Workplace, Ann C. Mcginley
Never Equals: Slavery, White Masculinities, And The Legacy Of Law In Today’S Workplace, Ann C. Mcginley
Scholarly Works
This essay discusses two themes of Race Unequals: (1) the role of law in creating and reinforcing gendered, classed, and raced identities on plantations in the Antebellum South; and (2) the existence of slavery's legacy today in workplaces and the law's frequent failure to remedy its damaging tentacles. Part II describes masculinities studies from the social sciences and Multidimensional Masculinities Theory in law and applies the theory to analyze the first theme. Part III considers slavery's legacy in today's workplaces and analyzes employment discrimination law's shortcomings in eliminating racism in workplaces. The essay concludes that White masculinities, established in the …
The “Fool’S Gold” Standard Of Confession Evidence: How Intersecting, Disadvantaged Identities Heighten The Risk Of False Confession, Nicole Weis
Nevada Law Journal
No abstract provided.
Misogyny And Murder, Ann C. Mcginley
Misogyny And Murder, Ann C. Mcginley
Scholarly Works
The Atlanta-area shootings of six Asian women in massage parlors in March 2021 raised awareness about anti-Asian discrimination and violence in the United States. When the perpetrator, Robert Aaron Long, shot the Atlanta-area spa victims, public speculation arose about whether he was motivated by hatred for the Asian victims because of their race. Many wondered whether the shooter would be charged and convicted of hate crimes against the victims. When asked by police about his motives, the perpetrator stated that he had a "sex addiction," meaning that the spas created intolerable sexual temptations that he was unable to resist. Considering …
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Sovereignty Threat: Loreal Tsingine, Policing, And The Intersectionality Of Indigenous Death, Theresa Rocha Beardall
Nevada Law Journal
No abstract provided.
Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang
Anomalous Anatomies: How The Tsa Should Screen For Transgender People, Karissa J. Kang, John M. Kang
Nevada Law Journal
No abstract provided.
Hiding Sexual Harassment: Myths And Realities, Pat K. Chew
Hiding Sexual Harassment: Myths And Realities, Pat K. Chew
Nevada Law Journal
No abstract provided.
An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White
An Empirical Analysis Of The Racial/Ethnic And Sex Differences In Nypd Stop-And-Frisk Practices, Henry F. Fradella, Weston J. Morrow, Michael D. White
Nevada Law Journal
No abstract provided.
Women Of Color In Immigration Enforcement, Kit Johnson
Women Of Color In Immigration Enforcement, Kit Johnson
Nevada Law Journal
No abstract provided.
Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper
Intersectionality, Police Excessive Force, And Class, Frank Rudy Cooper
Scholarly Works
Recent uprisings over the failure to hold police officers responsible for killing civilians—from Ferguson, Missouri to nationwide George Floyd protests—show the importance of excessive force as a social problem. Some scholars have launched racial critiques of policing as resulting from explicit or implicit racial bias. This Essay is the first to demonstrate that an intersectional analysis of both race and class helps explain both aggressive policing and the Court’s permissive excessive force doctrine.
This Essay identifies several take-aways from intersectionality theory’s basic insight that unique senses of self-identity and unique stereotypes form at places where categories of identity meet. First, …
Reversing The Decriminalization Of Sexual Violence, Lisa Avalos
Reversing The Decriminalization Of Sexual Violence, Lisa Avalos
Nevada Law Journal
No abstract provided.
Cop Fragility And Blue Lives Matter, Frank Rudy Cooper
Cop Fragility And Blue Lives Matter, Frank Rudy Cooper
Scholarly Works
There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012–2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women.
There is also a new police resistance to criticism. It fits within the tradition of the “Blue Wall of Silence,” but also includes a new pro-police movement known as Blue Lives Matter. The Blue Lives Matter movement makes the dubious claim that there is a war on police and counter attacks by calling for …
Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
Scholarly Works
This conversational-style essay is an exchange among fourteen professors-representing thirteen universities across five countries-with experience teaching with feminist judgments.
Feminist judgments are 'shadow' court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India, and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.
This essay begins to explore the vast pedagogical potential …
#Metoo Backlash Or Simply Common Sense?: It's Complicated, Ann C. Mcginley
#Metoo Backlash Or Simply Common Sense?: It's Complicated, Ann C. Mcginley
Scholarly Works
This Essay focuses on the skittishness that men express about being accused of sexual harassment. Part II explains the prevalence of sexual harassment and the response to this problem, giving both empirical and anecdotal evidence of male professionals' refusals to spend time with female subordinates. Part III discusses the already-present inequalities in the legal profession, particularly in law firms and raises concerns about how lack of mentoring and sponsorship of women by male supervisors could create an even greater disparity. Part IV analyzes the disparate legal, business, and cultural definitions of sexual harassment, and given the disparities in understandings, raises …
Bridging Divides In Divisive Times: Revisiting The Massie-Fortescue Affair, Stewart Chang
Bridging Divides In Divisive Times: Revisiting The Massie-Fortescue Affair, Stewart Chang
Scholarly Works
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five "Hawaiians" of gang raping her, even though they were of various Asian Pacific ethnic identities. The rape case ended in a hung jury, and so her relatives resorted to vigilante murder of one of the defendants. The subsequent murder trial resulted in convictions, but the 10- year prison sentences for the white defendants were commuted to …
Tort Law’S Devaluation Of Stillbirth, Jill Wieber Lens
Tort Law’S Devaluation Of Stillbirth, Jill Wieber Lens
Nevada Law Journal
No abstract provided.
What’S Sex Got To Do With It: Questioning Research On Gender & Negotiation, Andrea Kupfer Schneider
What’S Sex Got To Do With It: Questioning Research On Gender & Negotiation, Andrea Kupfer Schneider
Nevada Law Journal
No abstract provided.
Venture Bearding, Benjamin P. Edwards, Ann C. Mcginley
Venture Bearding, Benjamin P. Edwards, Ann C. Mcginley
Scholarly Works
“Venture bearding,” a term that we coin in this Article, describes processes of obscuring and covering socially stigmatized identities in business environments. This Article introduces distinctive identity performance strategies from the technology, startup, and venture capital context into the legal literature and discusses what their existence explains about business environments and capital formation. Venture bearding, as we use the term, describes behaviors that persons with contextually stigmatized identities adopt to access social status and capital. In some instances, women, who are stigmatized in this context, may employ men as front persons to conceal that the venture is an exclusively women-owned …
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Learning From Feminist Judgments: Lessons In Language And Advocacy, Linda L. Berger, Kathryn M. Stanchi, Bridget J. Crawford
Scholarly Works
Judicial decision-making is not a neutral and logical enterprise that involves applying clear rules to agreed-upon facts. Legal educators can and should help students learn more about how judges actually go about making their decisions. The study of re-imagined judicial decisions, such as the alternative judgments from various Feminist Judgments Projects, can enrich the study of law in multiple ways. First, seeing a written decision that differs from the original can help students think “outside the box” constructed by the original opinion by showing them a concrete example of another perspective written in judicial language. Second, the rewritten judgments show …
Why Women? Judging Transnational Courts And Tribunals, Kathryn M. Stanchi, Bridget J. Crawford, Linda L. Berger
Why Women? Judging Transnational Courts And Tribunals, Kathryn M. Stanchi, Bridget J. Crawford, Linda L. Berger
Scholarly Works
Calls for greater representation of women on the bench are not new. Many people share the intuition that having more female judges would make a difference to the decisions that courts might reach or how courts arrive at those decisions. This hunch has only equivocal empirical support, however. Nevertheless legal scholars, consistent with traditional feminist legal methods, persist in asking how many women judges there are and what changes might bring more women to the bench. This essay argues that achieving diversity in international courts and tribunals – indeed on any bench – will not happen simply by having more …
Schools As Training Grounds For Harassment, Ann C. Mcginley
Schools As Training Grounds For Harassment, Ann C. Mcginley
Scholarly Works
This article deals with the schools’ role in permitting and encouraging peer sex- and gender-based harassment of children and the law’s role in failing to hold schools accountable for their negligent and intentional behavior in sanctioning it. Part I discusses the evidence of rampant sex- and gender-based harassment in schools. Part II analyzes the problem through the lens of masculinities theory and explains how cultural notions of masculinity create incentives for boys (and some girls) to engage in peer sex- and gender-based harassment.
Part III analyzes court cases and OCR decisions and explains the serious disconnect between the two; it …
The Masculinity Mandate: #Metoo, Brett Kavanaugh, And Christine Blasey Ford, Ann C. Mcginley
The Masculinity Mandate: #Metoo, Brett Kavanaugh, And Christine Blasey Ford, Ann C. Mcginley
Scholarly Works
In fall 2019, the Senate Judiciary Committee held hearings involving Dr. Christine Blasey Ford's testimony about then-Judge Brett Kavanaugh's alleged behavior at a high school party gone awry.
This essay uses identity performance and multidimensional masculinities theories to analyze the hearings, specifically to consider the gender, race, and class performances of the participants, and how partisans and non-partisans interpreted those performances. This examination demonstrates that the judgment concerning masculinity and femininity performances and their appropriateness is, to a certain extent, in the eye of the beholder. By the same token, public interpretations are not arbitrary. Rather, at least in this …
University Title Ix Compliance: A Work In Progress In The Wake Of Reform, Michelle J. Harnik
University Title Ix Compliance: A Work In Progress In The Wake Of Reform, Michelle J. Harnik
Nevada Law Journal
No abstract provided.
From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez
From Equitable To Equal, And Then More Equal: How Nevada Divorce Law Can Help Domestic Violence Survivors, David Ernesto Chavez
Nevada Law Journal
No abstract provided.
Child Marriage As Constitutional Violation, Teri Dobbins Baxter
Child Marriage As Constitutional Violation, Teri Dobbins Baxter
Nevada Law Journal
No abstract provided.
Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi
Gender Justice: The Role Of Stories And Images, Linda L. Berger, Kathryn M. Stanchi
Scholarly Works
In this book chapter, Professor Berger argues for thoughtful metaphor-making and storytelling in legal writing. Exploring legal rhetoric with an eye for gender justice, she argues metaphor and narrative shape perspective and ask the reader to join the writer in the imaginative work of seeing one thing as another. The same shift in perspective that leads to re-conception—a shift that takes advantage of metaphor and narrative’s ability to say what only they can say—is what writers aim to achieve when they use metaphor and narrative for feminist and social justice advocacy.
The Masculinity Motivation, Ann C. Mcginley
The Masculinity Motivation, Ann C. Mcginley
Scholarly Works
In this essay, Professor Ann McGinley explores a phenomenon she coins the Masculinity Motivation. Society and courts ignore that harassing behaviors and the motives behind them are nearly identical in schools and workplaces. Moreover, the motives driving same-sex harassment are often the same as those causing sex-based harassment of women and girls. These motives include proving the perpetrators' and their group's masculinity, punishing those who do not adhere to gender expectations, and upholding conventional gender norms. Professor McGinley advocates for courts to broadly define "because of sex" under Titles VII and IX by clarifying that harassment motivated to denigrate the …
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi
Scholarly Works
Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory. …
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Scholarly Works
In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.