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Full-Text Articles in Law

Beyond Marriage Equality Symposium, Roger Williams University School Of Law Oct 2015

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law Oct 2015

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Meritor Savings Bank V. Vinson: The Supreme Court's Recognition Of The Hostile Environment In Sexual Harassment Claims, Victoria T. Bartels Jul 2015

Meritor Savings Bank V. Vinson: The Supreme Court's Recognition Of The Hostile Environment In Sexual Harassment Claims, Victoria T. Bartels

Akron Law Review

This casenote will examine Meritor Savings Bank v. Vinson in light of the brief legal history of Title VII sexual harassment claims and will consider the implications of both the Court's holding and its dicta regarding the undecided issues.


United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry Jul 2015

United Auto Workers V. Johnson Controls, Inc.: One Small Step For Womankind, A. L. Cherry

Akron Law Review

In United Auto Workers v. Johnson Controls, Inc., the U.S. Supreme Court was faced with the task of deciding whether women's childbearing capacity could be used to limit women's job choices and opportunities within certain industrial/ manufacturing fields. The Court decided that the ability to bear children could be used to so limit women, but only if the employer met a high standard. In Johnson Controls, employees who worked in a toxic work environment sought a determination that their employer's fetal protection policy discriminated on the basis of sex in violation of Title VII of the Civil Rights Act …


Women In Litigation Literature: The Exoneration Of Mayella Ewell In To Kill A Mockingbird, Julia L. Ernst Jul 2015

Women In Litigation Literature: The Exoneration Of Mayella Ewell In To Kill A Mockingbird, Julia L. Ernst

Akron Law Review

This essay explores numerous factors constraining Mayella Ewell’s actions throughout the novel, particularly with respect to her false accusation of Tom Robinson. Some of the forces bearing down on Mayella include class, gender, race, history, morality, as well as familial, social, and legal dynamics. The jury’s verdict convicting Tom Robinson of rape indicates that Mayella received a much more favorable outcome in the trial than she merited.6 Depictions of Mayella within analyses of the novel have portrayed her in an unfavorable light. However, this essay encourages the reader to dig more deeply into the assumptions one must make about justice, …


Physical Attractiveness And Femininity: Helpful Or Hurtful For Female Attorneys, Peggy Li Jul 2015

Physical Attractiveness And Femininity: Helpful Or Hurtful For Female Attorneys, Peggy Li

Akron Law Review

This paper aims to use social science research to explore how a woman’s perceived physical attractiveness and femininity affects how others perceive her competence, skills, and abilities in male-dominated professions and in the law specifically. I will use the terms attractiveness and femininity interchangeably since women who are judged as being more attractive are typically seen as more feminine and women who are viewed as being more feminine are typically viewed as being more attractive. In Part II, I discuss the “Beauty is Good” and “Beauty is Beastly” stereotypes and their effects on women in male-dominated professions. In Part III, …


Professional Women Silenced By Men-Made Norms, Maritza I. Reyes Jul 2015

Professional Women Silenced By Men-Made Norms, Maritza I. Reyes

Akron Law Review

This Article proceeds in eight Parts. Part I narrates my path to “academic feminism” and the legal academy. In the tradition of feminist scholars before me, I set forth the personal to provide the background for the socio-legal-political views that inform this Article...Part II explains the need for broader perspectives and approaches to legal scholarship. It is important for the legal academy to recognize that, just like the legal market is calling for changes, we have to stop silencing the development of scholarship andperspectives that can bring forth the change we need. The academy has already benefited from the work …


Do Law Schools Mistreat Women Faculty? Or, Who's Afraid Of Virginia Woolf?, Dan Subotnik Jul 2015

Do Law Schools Mistreat Women Faculty? Or, Who's Afraid Of Virginia Woolf?, Dan Subotnik

Akron Law Review

How much fire, if any, is there to charges, first leveled more than fifteen years ago and continuing today, that a harsh law school culture oppresses women faculty? As Martha Chamallas, a well-known feminist law critic, writes,—and perhaps professes in class as well—“[f]or both new and senior women law professors, gender bias is still a major fact of life.”... After evaluating the complaints against law schools, which I spell out below—and renouncing any presumption in my favor—I conclude, unindignantly, that the charges are almost entirely unproven...The principal charges leveled against the male establishment in terms of hiring, retention and promotion …


Diversity And The Federal Workforce, Alev Dudek May 2015

Diversity And The Federal Workforce, Alev Dudek

Alev Dudek

   
In a society based on merit, everyone would be judged by their qualifications and would have equal access to employment opportunities, without limitations based on gender, race, ethnicity, national origin, accent, sexual orientation, and similar protected or non-protected traits. Ideally, the diversity of a workforce would match the make-up of the population, and most importantly, diversity would be scattered proportionally across all income levels. 

This paper is examining access to equal opportunity through the example of the federal government. As the nation’s largest employer, the government of the United States has not only an opportunity to demonstrate how access …


Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal May 2015

Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal

Indiana Journal of Law and Social Equality

This study investigates pay discrimination towards women in the legal field. Recent research has shown that a pay gap does exist in the legal field, and we show that this gap widens throughout the lawyers’ early careers. For our analysis, we focus on the pay differentials between associate level men and women at large private law firms in the United States. The data used in this study is provided by the American Bar Association and is a nationally representative data set following lawyers who began their legal career in 2000. We show that women earn less than their male counterparts …


The Issue Class, Joseph Seiner Jan 2015

The Issue Class, Joseph Seiner

Faculty Publications

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This Article does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored: what is the best tool currently available for workers to pursue systemic employment …


The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg Jan 2015

The Ncaa's Transgender Student-Athlete Policy: How Attempting To Be More Inclusive Has Led To Gender And Gender Identity Discrimination, Elliot S. Rozenberg

Elliot S Rozenberg

No abstract provided.


‘Please Be A Lady… You Are Not Going To Be Heard’: The Debate Over The Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Kasie Durkit Jan 2015

‘Please Be A Lady… You Are Not Going To Be Heard’: The Debate Over The Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Kasie Durkit

International ResearchScape Journal

Why did the United States fail to ratify the Convention on the Elimination of All Forms of Discrimination against Women? This overarching question forms the basis of this paper and will be answered using an array of primary and secondary sources. This paper gleans most of its evidence from the Senate Foreign Relations Committee Hearings of 1994 and 2002, letters from both President Jimmy Carter and former Secretary of State Colin Powell, Congressional Research Service reports on CEDAW from 2013 and 2007, several Senators’ statements in the Congressional Record, Congressional testimony, and the text of the CEDAW treaty. This …


Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez Jan 2015

Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez

Articles

“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education, …


Outing Privacy, Scott Skinner-Thompson Jan 2015

Outing Privacy, Scott Skinner-Thompson

Publications

The government regularly outs information concerning people's sexuality, gender identity, and HIV status. Notwithstanding the implications of such outings, the Supreme Court has yet to resolve whether the Constitution contains a right to informational privacy - a right to limit the government's ability to collect and disseminate personal information.

This Article probes informational privacy theory and jurisprudence to better understand the judiciary's reluctance to fully embrace a constitutional right to informational privacy. The Article argues that while existing scholarly theories of informational privacy encourage us to broadly imagine the right and its possibilities, often focusing on informational privacy's ability to …


Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins Dec 2014

Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins

Mel Cousins

This article examines the recent decision of the Federal Court of Appeal in Miceli-Riggins v Attorney General of Canada as an example of the approach which the Canadian courts are taking to the interpretation of s. 15 of the Charter of Rights (in the area of social benefits) following the Supreme Court’s recent attempts to ‘restate’ that law in a series of cases. It argued that, whatever the intention of the Supreme Court, the restatement of the law has created general confusion in the lower courts and tribunals. In addition, in cases concerning social benefits, the Court’s statements, in cases …