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Civil Rights and Discrimination
Maurer School of Law: Indiana University
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Articles 1 - 12 of 12
Full-Text Articles in Law
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
From Justice To Injustice: Lowering The Threshold Of European Consensus In Oliari And Others Versus Italy, Nazim Ziyadov
Indiana Journal of Global Legal Studies
Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). …
The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell
The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell
Indiana Journal of Global Legal Studies
Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud
Indiana Journal of Global Legal Studies
This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …
Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert
Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert
Indiana Journal of Global Legal Studies
Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.
Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver
Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver
Indiana Journal of Global Legal Studies
The dual forces of globalization and support for diversity in the legal profession are responsible for significant growth among U.S. law firms. Both women lawyers and those educated outside of the U.S. have been important elements facilitating the global trajectories of U.S. firms, but the interaction between the two has not been the subject of substantial research. We address this gap by drawing on an original dataset of lawyer biographies, and consider whether career strategies that involve the international mobility of lawyers are equally powerful for women and men. Our research suggests that globalization of large firm practice has not …
Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson
Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson
Indiana Journal of Global Legal Studies
This article represents the first effort to measure the changing global supply and composition of lawyers over a period of several decades. In it I assemble data on lawyer populations and gender compositions from eighty-six countries and use them to calculate estimates for the rest of the world in order to paint a truly global picture of the changing supply of lawyers in general and of female lawyers in particular. Most of the data supporting my analyses come from a unique and hitherto untapped source: individual-level census data. Results reveal a clear sequence in the global process of lawyer feminization. …
Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling
Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling
Indiana Journal of Global Legal Studies
This article asks how cultural frameworks of status influence the evaluation of performance including compensation and advancement of lawyers who were seven years into their practice. We borrow from the work on status expectations that goes beyond gender distinctions and assesses whether the concept of motherhood has a negative impact on assessment of female lawyers. Status expectations theory hypothesizes that mothers are valued less because they are less committed to the workplace and thus receive a motherhood penalty while men receive a fatherhood bonus in compensation decisions. Employing data from the After The JD study, we test the impact of …
The Impact Of The Economic Downturn On Women Lawyers In The United States, Cynthia Fuchs Epstein, Abigail Kolker
The Impact Of The Economic Downturn On Women Lawyers In The United States, Cynthia Fuchs Epstein, Abigail Kolker
Indiana Journal of Global Legal Studies
Although women have made considerable inroads in the legal profession over the past four decades, a review of their distribution in various types of practice in the United States shows that, compared to their male colleagues, they have been affected disproportionately by the recent economic downturn, although not in every sphere of the profession. This study reviews research, articles in the legal press, and online blogs that report women's access to equity partnerships has been stalled, their representation in part-time employment has increased, and they are disproportionately recruited or diverted to positions as staff or contract attorneys. Women's access to …
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli
Indiana Journal of Global Legal Studies
This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …
"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen
"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen
Indiana Journal of Global Legal Studies
Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.
Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron
Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron
Indiana Journal of Global Legal Studies
Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.
Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons
Civil Rights In International Law: Compliance With Aspects Of The "International Bill Of Rights", Beth Simmons
Indiana Journal of Global Legal Studies
International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …