Digital Commons Network^™

Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske

International Journal of Nuclear Security

The international community is slowly beginning to recognize the intersections between law and policy as it relates to international security—particularly arms control, nonproliferation, and disarmament—and the body of human rights law that addresses gender equality. Notably absent from this discussion is the field of nuclear security. Despite its historical underpinnings as an inherently domestic activity, nuclear security is thoroughly grounded in international treaty law. However, nuclear security is often overlooked in the international security context and has not been well-situated in international instruments that address gender equality. We argue that gender equality in nuclear security should be understood as an …

Four Basic Postulates Concerning Women And Workplace Bullying In The United States, David C. Yamada

FIU Law Review

Responding to Kerri Lynn Stone's "Panes of the Glass Ceiling," this article delves into the pervasive issue of workplace bullying and its nuanced impact on women in professional settings. Stone's book identifies distinct "panes" of gender bias hindering women's progress, with a focus on workplace bullying as a major sub-theme. The essay proposes four postulates, drawing on national surveys by the Workplace Bullying Institute and articles from the author's professional blog, Minding the Workplace. Emphasizing the disproportionate targeting of women, the role of male perpetrators, complexities surrounding female perpetrators, and the potential of anti-bullying laws, the essay contributes to understanding …

Shattering Stereotypes, Stephanie Bornstein

FIU Law Review

Amidst the paradoxical landscape of gender progress and regression, this article explores the intricate intersection of recent legal developments and persistent gender disparities. As the U.S. Supreme Court attains near gender parity, paradoxically, its Dobbs opinion overturns Roe v. Wade, spotlighting the precarious state of reproductive autonomy. Professor Kerri Stone's seminal work, "Panes of the Glass Ceiling," illuminates pervasive gender stereotypes shaping workplace dynamics. Beyond examining stereotyping's legal implications, Stone reveals the "unspoken beliefs" manifesting as distinct "panes" of the glass ceiling. This analysis delves into each pane, underscoring the evolving challenges facing women in contemporary workplaces and offering a …

World Peace And Gender Equality: Addressing Un Security Council Resolution 1325’S Weaknesses, Elizabeth Griffiths, Sara Jarman, Eric Talbot Jensen

Michigan Journal of Gender & Law

The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, …

Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina

Journal of Race, Gender, and Ethnicity

No abstract provided.

Foreword, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez

Journal of Race, Gender, and Ethnicity

No abstract provided.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald

Marquette Law Review

Faced with mounting pressure to permit national law practice and increase

access to legal services for those who cannot afford to pay for them and

critiques about growing inequality and its failure to lead the battles for greater

gender and racial justice, the legal profession’s response has been to resist

reform proposals by invoking its independence. Lawyers and lawyers alone,

asserts the profession, ought to determine the pace and details of nationalizing

law practice, set the conditions under which nonlawyers and artificial

intelligence can offer legal services, and respond to growing inequality among

lawyers and concerns about the role lawyers …

Expanding Peña-Rodriguez V. Colorado To Protect Criminal Defendants From Explicit Gender Animus, Katie Hicks

Arkansas Law Review

In 2017, the United States Supreme Court extinguished explicit racial animus expressed during juror deliberations criminal trials. Though courts have repeatedly cloaked the jury’s deliberation room—essentially, “black box”—in impenetrable armor, Miguel Angel Peña-Rodriguez leveraged the American promise of equality, piercing a juror’s animus and bringing it within reach of the Court. His case established that protection of the jury’s black box decision making must yield to an even more fundamental protection: the equal protection of the law and the right to a fair and impartial trial by jury.

The Maternal Dilemma, Noya Rimalt

Cornell Law Review

When enacting the FMLA and setting a minimum standard of family leave for all eligible employees, Congress was particularly cautious about attacking the stereotype that all women are responsible for family caregiving. As Justice Rehnquist explained in Nevada v. Hibbs, the goal was to encourage men to assume more caretaking responsibilities at home, thus reducing employers' incentives to discriminate against women by basing hiring and promotion decisions on the stereotype of women as mothers. Indeed, the likely contribution of the gender- neutral parental leave legislation to the promotion of gender equality in the division of care-work at home, hence to …

Questioning Market Aversion In Gender Equality Strategies: Designing Legal Mechanisms For The Promotion Of Gender Equality In The Family And The Market, Hila Shamir, Tsilly Dagan, Ayelet Carmeli

Cornell Journal of Law and Public Policy

This Article suggests that tax and welfare policies that promote gender equality require creative thinking about the design of social mechanisms for the promotion of women. It offers a framework for expanding the institutional imagination in order to recalibrate welfare state reforms to promote women. In particular, we advocate the creative use of legal tools and doctrine to dismantle existing dichotomies between private and public, understand the various goals different mechanisms can serve and reassemble them to promote different mixes of normative goals. We propose doing so by looking simultaneously at two fields of redistribution: welfare state benefits and services …

Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell

West Virginia Law Review

No abstract provided.

Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams

University of Michigan Journal of Law Reform

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass

DePaul Journal of Women, Gender and the Law

Sex is an immutable characteristic; says who? As transgendered people and LGBTQQ (lesbian, gay, bisexual, transgender, queer, questioning) issues gain more traction and recognition, the clear contours of sex and gender are fading, and a more fluid concept of gender is emerging. However, the American legal system lags behind the mutability of gender in an environment where the conceptualization and understanding of gender is becoming ever more nuanced and complex. This is most apparent in the law’s treatment of transgendered marriage: a marriage involving at least one person who identifies as transgendered. A transgendered person can be defined as a …

Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn

DePaul Journal of Women, Gender and the Law

Can sadomasochism (S/M) be reconciled with feminism? When pain is pleasure and humiliation is empowerment, how should the law respond? This article investigates S/M under the legal gaze, particularly the manner in which legal theory and legal practice have constructed female masochism. This article argues that the jurisprudence of S/M is formed by the perception of the “sexual other” as a threat to the normative sexual behavior the law has worked tirelessly to maintain. Historically, society – and by extension the law – has been intolerant of behavior that transgresses sexual norms. As Laura A. Rosenbury and Jennifer E. Rothman …

We Are Family? Examining Parental Leave And Non-Normative Parents In The United States, Samantha Odyniec

DePaul Journal of Women, Gender and the Law

This article will examine parental leave and the non-normative parent. Parental leave in the United States is currently a hot-button issue. With so much focus on the “Opt-Out” Generation, “Leaning In,” and whether women can in fact “have it all,” the issues faced by parents who are not educated, upper class, and in a heterosexual marriage relationship with the biological father are often ignored in the discussion of how the law is lacking. Instead, the discussion has focused on women at the top echelon of employment. In doing this, a large segment of the population is being completely left out …

Tiaras, Queen Bees, Imposters And The Board Room: Lean In & Women In Corporate Governance, Christyne J. Vachon

Journal of Business & Technology Law

No abstract provided.

An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lessons From Small Cases: Reflections On Dodson V. Arkansas Activities Association, Polly J. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett

Human Rights Brief

No abstract provided.

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

Two Hundred Years Later?, Yvonne Stam

IUSTITIA

The revival of feminism is in many ways different from its earlier stage, although this may in large part be due to what the early feminists accomplished. They were more concerned with substantive legal change-property rights, child custody, divorce, suffrage, and others. In addition to filling in some of the substantive right gaps, we today are more concerned with social attitudes and the exercise of legal rights. Although modern-day feminists have advocated the passage of some reform legislation particularly, the Equal Rights Amendment, much of the focus of the movement is on social and cultural changes.