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Articles 1 - 30 of 44
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Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth
Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth
Articles
In this article, a new model, An Ethic of Empathy, is proposed as a guide for researchers, particularly new scholars to the discipline. This model emerged from the authors’ concerns regarding the application of ethics to studies that focus on the experience of female offenders in criminal justice systems. The key issue is the vulnerability of incarcerated and post-release women in relationship to the powerful status of social scientist researchers. The complexity of ethics in such research settings necessitates a particular ethical preparation, involving formation, reflection, understanding, commitment, care, and empathy. Three cases are outlined which document the authors’ ethical …
Fairness And Inclusion For Users Of Surface Transport—An Exploratory Thematic Study For Irish Users, Ajeni Ari, Maria Chiara Leva, Lorraine D'Arcy, Mary Kinahan
Fairness And Inclusion For Users Of Surface Transport—An Exploratory Thematic Study For Irish Users, Ajeni Ari, Maria Chiara Leva, Lorraine D'Arcy, Mary Kinahan
Articles
This paper explores the conditions of public transport with respect to user accessibility, design of infrastructure, and safety from a gendered perspective. Our investigation aims to understand the factors that direct a citizen’s choice of whether or not to use public transport. Our discussion is focused on gender disparities among user experiences, so we confine our focus to that of women’s perspectives and their experiences with public transport use. A framework for our discussion was formed with consideration of the theoretical aspects of fairness, justice, and gender in transport, as well as user statistics. We identified several spaces where public …
Race, Dignity, And Commerce, Lu-In Wang
Race, Dignity, And Commerce, Lu-In Wang
Articles
This Essay was written at the invitation of the Journal of Law and Commerce to contribute a piece on racism and commerce—an invitation that was welcome and well timed. It arrived as renewed attention was focused on racialized policing following the killing of George Floyd and in the midst of the worsening pandemic that highlighted unrelenting racial, social, and economic inequities in our society.
The connections between racism and commerce are potentially numerous, but the relationship between discriminatory policing and commerce might not be apparent. This Essay links them through the concept of dignity. Legal scholar John Felipe Acevedo has …
On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah
On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah
Articles
This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Articles
Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …
Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman
Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman
Articles
This Article, prepared for a Georgetown Law Journal symposium on the Nineteenth Amendment’s one-hundred-year anniversary, explores and defends a “thick” conception of the Nineteenth Amendment right to vote and Congress’s power to enforce it. A “thin” conception of the Nineteenth Amendment maintains that the Amendment merely prohibits states from enacting laws that prohibit women from voting once the state decides to hold an election. And a “thin” conception of Congress’s power to enforce the Nineteenth Amendment maintains that Congress may only supply remedies for official acts that violate the Amendment’s substantive guarantees. This Article argues the Nineteenth Amendment does more. …
Disability And Reproductive Justice, Samuel Bagenstos
Disability And Reproductive Justice, Samuel Bagenstos
Articles
In the spring of 2019, disability and abortion rights collided at the Supreme Court in a case involving an Indiana ban on “disability-selective abortions.” In a lengthy concurrence in the denial of certiorari, Justice Thomas argued that the ban was constitutional because it “promote[s] a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.” Just a few months earlier, disability and reproductive rights issues had intersected in a very different way in the debate over the nomination of Brett Kavanaugh to the Supreme Court. Disability rights advocates drew attention to an opinion then-Judge Kavanaugh had written …
The 2020 General Election : A Gender Analysis, Yvonne Galligan, Fiona Buckley
The 2020 General Election : A Gender Analysis, Yvonne Galligan, Fiona Buckley
Articles
The February 2020 general election will be remembered as the “change” election, when the two dominant parties of Irish politics, Fianna Fáil and Fine Gael, trailed behind Sinn Féin in voters' preferences for the first time. However, for the gender balance of Irish politics, much remained unchanged. While the number of women elected to Dáil Éireann increased by one, this marginal growth since the 2016 general election was deemed a disappointment by analysts and advocates alike. A review of candidacy reveals that Fianna Fáil and Fine Gael lag behind other parties in terms of the proportion of women selected and …
Dignity And Civility, Reconsidered, Leah Litman
Dignity And Civility, Reconsidered, Leah Litman
Articles
People often talk about the Chief Justice, Justice Kagan, and Justice Breyer as the institutionalists on the modern Supreme Court. And that’s true, they are. Those Justices care about the Court as an institution and the Court’s reputation. They do not want people to look at the Court as a set of politicians in robes; and they do not want people to see judges as having ideological or partisan agendas. That is how they think of themselves, and they are willing to make compromises to maintain that image of the Court, and to set aside their personal beliefs in order …
Dignity Transacted, Lu-In Wang, Zachary W. Brewster
Dignity Transacted, Lu-In Wang, Zachary W. Brewster
Articles
In interactive customer service encounters, the dignity of the parties becomes the currency of a commercial transaction. Service firms that profit from customer satisfaction place great emphasis on emotional labor, the work that service providers do to make customers feel cared for and esteemed. But performing emotional labor can deny dignity to workers, by highlighting their subservience and requiring them to suppress their own emotions in an effort to elevate the status and experiences of their customers. Paradoxically, the burden of performing emotional labor may also impose transactional costs on some customers by facilitating discrimination in service delivery. Drawing on …
Why Wikipedia Often Overlooks Stories Of Women In History, Lara Nicosia, Tamar Carroll
Why Wikipedia Often Overlooks Stories Of Women In History, Lara Nicosia, Tamar Carroll
Articles
Wikipedia's reliance on a volunteer editing base has resulted in a gender bias both in the quantity and quality of content around women. With less than 20% of Wikipedia's editors identifying as women, only 30% of biographical entries have been written about women and entries on women tend to be shorter and more focused on relationships and family roles than entries on men. This article explores the causes of Wikipedia's gender bias and offers ways that both individuals and institutions can help improve Wikipedia's content around women.
The Law Hasn't Yet Achieved Parity, Leah Litman
The Law Hasn't Yet Achieved Parity, Leah Litman
Articles
Parity between men and women in the legal profession is an aspiration. It’s not reality, at least not yet. I wish I’d have understood that in law school because hearing that there’s parity when there’s none can be maddening. I also wish I would have known about the resources available to people who want to do something about the lack of parity in our profession.
Contributions Of Women To Clark County's History, Lisa K. Speer
Contributions Of Women To Clark County's History, Lisa K. Speer
Articles
Excerpted from a lecture given for the Clark County bicentennial, this article focuses on the contributions of Clark County women to the community during the major movements and events of the late 19th and 20th centuries.
Potential Life In The Doctrine, Leah Litman
Potential Life In The Doctrine, Leah Litman
Articles
In their article, Abortion: A Woman’s Private Choice, Erwin Chemerinsky and Michele Goodwin seek to shore up the doctrinal basis for a woman’s constitutional right to end her pregnancy. While Chemerinsky and Goodwin are partly concerned about the status of abortion rights in the United States because of President Donald Trump’s promise prior to taking office to appoint Justices to the Supreme Court who will overturn Roe v. Wade, they also maintain that some of the threat to abortion rights arises from an uncomfortable tension in the doctrine that recognizes states’ interest in potential life. I agree with Chemerinsky and …
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer
Articles
Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …
Men, Women, And Optimal Violence, Mary Anne Franks
Men, Women, And Optimal Violence, Mary Anne Franks
Articles
While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …
Women On State Boards And Commissions: Is Idaho Where It Wants To Be?, Brenda Bauges
Women On State Boards And Commissions: Is Idaho Where It Wants To Be?, Brenda Bauges
Articles
No abstract provided.
Technology, Gender And Fashion, Jeanne L. Schroeder
How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks
How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks
Articles
If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …
At The Tipping Point: Race And Gender Discrimination In A Common Economic Transaction, Lu-In Wang
At The Tipping Point: Race And Gender Discrimination In A Common Economic Transaction, Lu-In Wang
Articles
This Article examines the ubiquitous, multibillion dollar practice of tipping as a vehicle for race and gender discrimination by both customers and servers and as a case study of the role that organizations play in producing and promoting unequal treatment. The unique structure of tipped service encounters provides plenty of opportunities and incentives for the two parties to discriminate against one another. Neither customers nor servers are likely to find legal redress for the kinds of discrimination that are most likely to occur in tipped service transactions, however, because many of the same features of the transaction that promote discrimination …
Cinematic Jewish Women In Rural Argentina And The Representation Of Argentinidad, Mirna Vohnsen
Cinematic Jewish Women In Rural Argentina And The Representation Of Argentinidad, Mirna Vohnsen
Articles
From the outset, Argentine cinema has played a significant role in the question of argentinidad. The historical account of how Jewish immigrants from Eastern Europe settled in the Argentine interior and became Argentines rooted in the land has not escaped Argentine film. Although period films portray Jewish female characters as nation builders alongside their male counterparts, the study of Jewish women in Argentine cinema has received little scholarly attention. In an attempt to remedy that, this article shows that the examination of the Jewish female onscreen can shed light on the controversial question of argentinidad. It examines the representation of …
Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, Dana Raigrodski
Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, Dana Raigrodski
Articles
This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves …
Is A Self-Catering Holiday With The Family Really A Holiday For Mothers? Examining The Balance Of Household Responsibilities While On Holiday From A Female Perspective, Ziene Mottiar, Deirdre Quinn
Is A Self-Catering Holiday With The Family Really A Holiday For Mothers? Examining The Balance Of Household Responsibilities While On Holiday From A Female Perspective, Ziene Mottiar, Deirdre Quinn
Articles
The commonly cited definition of what constitutes a holiday is that it is a change from the norm, or an escape from everyday life. But is this the case if tourists are going on a self-catering holiday where many of the tasks from everyday life such as cleaning, minding children and cooking must still be undertaken? This research is specifically interested in the role of mothers, from their own perspectives, on such holidays. It explores how household responsibilities are divided between partners when on holiday and questions does this differ from the situation when at home? In so doing this …
Women As Keepers Of Algerian And Pied-Noir Identity, Aoife Connolly
Women As Keepers Of Algerian And Pied-Noir Identity, Aoife Connolly
Articles
The Algerian War (1954-1962) was arguably the most traumatic war of decolonisation fought by Western colonial powers. As the 50th anniversary of Algerian independence approaches, this “War Without a Name” remains a problematic subject in France, in which the commemoration of the war, the teaching of colonial history and issues associated with North African immigration and French identity, are hotly contested subjects. An especially neglected aspect of the Algerian war has been the one million French of Algeria, now known as pieds-noirs, who fled to France near the end of the conflict. As a symbol of a failed colonial system, …
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
Articles
No abstract provided.
Beyond Microfinance: Creating Opportunities For Women At The Base Of The Pyramid, Deborah Burand
Beyond Microfinance: Creating Opportunities For Women At The Base Of The Pyramid, Deborah Burand
Articles
A growing number of innovative social entrepreneurs are tackling this problem by creating 'busmesses in a bag' mspired by the world's largest direct seller of beauty products - Avon. These very small franchise or consignment businesses are affordable enough to be acquired and operated by women living at the base of the economic pyramid. Just as commercial franchise networks such as Avon have helped people with httle or no experience grow mto successful business owners around the world, microfranchise and microconsignment networks may hold similar promise.
Traveling Concepts: Substantive Equality On The Road, Susanne Baer
Traveling Concepts: Substantive Equality On The Road, Susanne Baer
Articles
Ideas travel. Even legal concepts migrate on the globe. However, it is a contested issue whether migration is a good idea. We may enjoy traveling ourselves, but many people in the world of law are somewhat worried if we take legal baggage along. Some claim that legal baggage never arrives at its destination and challenge the very possibility of what some call a legal transplant. Others claim that we already live in transnational legal contexts, while still others claim that migration occurs, and that modifies each legal concept on the road in rather significant ways, which may render the project …
Care-Givers, Leisure And The Meaning Of Home: A Case Study Of Low Income Women In Dublin, Bernadette Quinn
Care-Givers, Leisure And The Meaning Of Home: A Case Study Of Low Income Women In Dublin, Bernadette Quinn
Articles
This article seeks to contribute to the literature on the meanings of domestic spaces by furthering understandings of the sorts of roles that space plays in shaping women’s leisure experiences. The study researched a group of 15 women who live in disadvantaged areas of Dublin city and care for dependent children. Focus groups and structured conversations revealed the poverty of the spatial capital available to these women, depicting local environments as difficult and stressful, and to be endured rather than enjoyed. They further revealed the extent to which the women’s lives were shaped by their obligations as care-givers. Within the …
The Basic Law At 60 - Equality And Difference: A Proposal For The Guest List To The Birthday Party, Susanne Baer
The Basic Law At 60 - Equality And Difference: A Proposal For The Guest List To The Birthday Party, Susanne Baer
Articles
The German constitution, named "Basic Law", has proven to work although many did not believe in it when it was framed. Others emphasize desiderata. Sabine Berghahn commented at the 50th birthday that it has developed "far too slowly and [some] has even gone completely wrong." ' Jutta Limbach, former President of the Federal Constitutional Court, observed that constitutional history was "anything but regal, but very difficult and full of obstacles. '' 2 Former Chancellor Willy Brandt famously called the constitution "a snail on thin ice." So what is missing when we analyze the Basic Law, and what should be finally …
The Life Of Mary Wollstonecroft And The Principles Of Conduct Put Forward In "A Vindication Of The Rights Of Woman", Stephen Carruthers
The Life Of Mary Wollstonecroft And The Principles Of Conduct Put Forward In "A Vindication Of The Rights Of Woman", Stephen Carruthers
Articles
This paper examines the life of Mary Wollstonecraft (1759-1797), the wife of the philosopher William Goodwin and mother of Mary Shelley author of Frankenstein, through the prism of the principles of conduct set out in A Vindication of the Rights of Woman that Mary Wollstonecraft wrote over the period 1790 to 1792. In particular the paper focuses on the role of reason, virtue, and knowledge developed in A Vindication in establishing principles of conduct and the extent to which Mary’s own conduct can be reconciled with the precepts she advocated.