Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (15)
- William & Mary Law School (14)
- Fordham Law School (12)
- University of Michigan Law School (7)
- UC Law SF (6)
-
- University of Rhode Island (6)
- St. John's University School of Law (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Marquette University Law School (4)
- Notre Dame Law School (4)
- Brooklyn Law School (3)
- Cornell University Law School (3)
- DePaul University (3)
- Maurer School of Law: Indiana University (3)
- Pepperdine University (3)
- Seattle University School of Law (3)
- St. Mary's University (3)
- University of South Carolina (3)
- Florida A&M University College of Law (2)
- Northwestern Pritzker School of Law (2)
- University of Georgia School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Miami Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Richmond (2)
- University of Washington School of Law (2)
- Loyola Marymount University and Loyola Law School (1)
- Mitchell Hamline School of Law (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Keyword
-
- Women (10)
- Gender and law (7)
- Prostitution (6)
- Gender (5)
- Title IX (5)
-
- Deborah Post (4)
- Decriminalization (4)
- Diversity (4)
- Human Rights (4)
- Law (4)
- Northeast Corridor Collective of Black Women Law Professors (4)
- Transgender (4)
- 2019 (3)
- Abortion (3)
- Blasey (3)
- Brett (3)
- Brown (3)
- Center (3)
- Christine (3)
- Civil (3)
- Civil Rights (3)
- Court (3)
- Development (3)
- Discrimination (3)
- Economic (3)
- Ford (3)
- Hearing (3)
- JCRED (3)
- John (3)
- John's (3)
- Publication
-
- William & Mary Journal of Race, Gender, and Social Justice (14)
- American University Journal of Gender, Social Policy & the Law (10)
- Fordham Law Review (8)
- Dignity: A Journal of Analysis of Exploitation and Violence (6)
- UC Law SF Journal on Gender and Justice (6)
-
- Journal of Civil Rights and Economic Development (5)
- Journal of Race, Gender, and Ethnicity (5)
- American University International Law Review (3)
- Cornell Law Review (3)
- DePaul Journal of Women, Gender and the Law (3)
- Fordham Law Review Online (3)
- Indiana Law Journal (3)
- Journal of Legislation (3)
- Marquette Law Review (3)
- Michigan Journal of Gender & Law (3)
- Seattle University Law Review (3)
- South Carolina Law Review (3)
- St. Mary's Law Journal (3)
- Brooklyn Journal of International Law (2)
- Florida A & M University Law Review (2)
- Michigan Law Review (2)
- Nevada Law Journal (2)
- Northwestern University Law Review (2)
- Pepperdine Dispute Resolution Law Journal (2)
- University of Miami Race & Social Justice Law Review (2)
- University of Michigan Journal of Law Reform (2)
- University of Richmond Law Review (2)
- American University Law Review (1)
- Brooklyn Law Review (1)
- Buffalo Law Review (1)
Articles 31 - 60 of 132
Full-Text Articles in Law
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
Pengarusutamaan Gender Dalam Pengembangan Sistem Pendayagunaan Zakat Melalui Modal Usaha Bergulir Di Desa Sindanglaka Kabupaten Cianjur, Cucu Solihah, Muhammad Budi Mulyadi, Aji Mulyana
Pengarusutamaan Gender Dalam Pengembangan Sistem Pendayagunaan Zakat Melalui Modal Usaha Bergulir Di Desa Sindanglaka Kabupaten Cianjur, Cucu Solihah, Muhammad Budi Mulyadi, Aji Mulyana
Jurnal Hukum & Pembangunan
The participation of women in the community welfare improvement program is a choice that must be developed today. The gender mainstream is the right policy considering the women is vunerable to poverty crises. The business development patterns by implementing the revolving capital coming from zakat community development of BAZNAS is an alternative effort to improve the welfare of women. It is assessed from the women's ability in maintaining business and the managing capital in implementing the programs whose capital is collected from zakat
Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe
Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe
Pepperdine Dispute Resolution Law Journal
This article, which will address some observations and challenges of measuring diversity in the dispute resolution field, grows out of an invitation from Nancy Welsh to give a presentation at Texas A&M University Law School’s conference focusing on transparency, metrics, and empirical research. The theme of the conference provided a reminder not only about the necessity but also the urgency to deepen our thinking regarding diversity and inclusivity among dispute resolution neutrals by giving greater attention to the metrics needed for transparency and a better understanding of the field. What this article will illustrate is that the search for data …
It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne
Pepperdine Dispute Resolution Law Journal
This comment looks at the potential positive effects that mediation can have in fostering a better relationship between the two leagues and for the WNBA and its players to get their much-deserved respect and compensation. First, the comment will go in depth regarding the structure of the WNBA, and its history to date. Next, the comment will examine the WNBA’s success despite the discrepancy in pay and the purported lack of viewership. The comment will then expound on the rise of mediation as one of the major ADR tools. Next, the comment will analyze the success of mediation in professional …
The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman
The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman
Journal of Legislation
No abstract provided.
Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo
Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo
Journal of Legislation
No abstract provided.
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers
Journal of Legislation
Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …
The Forgotten Victims Of Missing White Woman Syndrome: An Examination Of Legal Measures That Contribute To The Lack Of Search And Recovery Of Missing Black Girls And Women, Jada L. Moss
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
A Reasonable Solution For Working Parents: Expanding Reasonable Accommodation Under The Americans With Disabilities Act To Parents Of Children With Disabilities, Katherine Lease
William & Mary Journal of Race, Gender, and Social Justice
There is a growing intersection between a woman’s child-rearing and work responsibilities, but federal law inadequately addresses this issue. For mothers who have a child with a disability, they face increased parenting demands, which often lead to detrimental changes in their employment status and negative perceptions of their work ability and commitment. Many women face expectations to simultaneously be the perfect mother and the ideal worker, but this is largely unattainable when faced with the demands of raising a child with a disability.
This Note will explore the development and inadequacy of the current protection against association discrimination, that is, …
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movements, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The "Victim-Perpetrator" Dilemma: The Role Of State Safe Harbor Laws In Creating A Presumption Of Coercion For Human Trafficking Victims, Matthew Myatt
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
U.S. Policymaking To Address Menstruation: Advancing An Equity Agenda, Jennifer Weiss-Wolf
U.S. Policymaking To Address Menstruation: Advancing An Equity Agenda, Jennifer Weiss-Wolf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
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.
Legal Rights Of Transgender Students In Education, Almond A. Seals, Melissa C. Gonzales
Legal Rights Of Transgender Students In Education, Almond A. Seals, Melissa C. Gonzales
Diversity, Social Justice, and the Educational Leader
Nearly 150,000 school-aged teenagers in the United States identify as transgender, but the population continues to face harassment, bullying, and discrimination from their peers and educators. The most recent battles for bathroom access based on gender identity has led to significant policy debates nationally and statewide. It is critical for school leaders to promote an all-inclusive and safe school environment to help improve the academic experience for transgender students. The purpose of this paper is to outline the current anti-discrimination federal and state laws that protect against sex and gender identity harassment in school, including Title IX, Equal Access Act, …
Is Title Vii > Ix?: Does Title Vii Preempt Title Ix Sex Discrimination Claims In Higher Ed Employment?, Mckenzie Miller
Is Title Vii > Ix?: Does Title Vii Preempt Title Ix Sex Discrimination Claims In Higher Ed Employment?, Mckenzie Miller
Catholic University Law Review
Across all job sectors, women working full-time earned about 80 percent of what men earned in 2016. Within higher education this gender gap persists in salary, hiring, promotions, and other aspects of academic employment. Professors can seemingly attempt to remedy this under Title VII of the Civil Rights Act or Title IX of the Education Amendments, both of which prohibit sex discrimination in higher education. Circuits, however, have split as to whether Title VII preempts Title IX in actions for employment discrimination in higher education.
The Third Circuit revived this split in Doe v. Mercy Catholic Medical Center, and …
Pregnancy And The First Amendment, Helen Norton
Pregnancy And The First Amendment, Helen Norton
Fordham Law Review
Suppose that you are pregnant and seated in the waiting room of a Planned Parenthood clinic, or maybe in a facility that advertises “Pregnant? We Can Help You.” This Essay discusses the First Amendment rules that apply to the government’s control of what you are about to hear. This Essay considers what First Amendment law, as applied to speech to pregnant women, would look like if the Court attended to the First Amendment interests of pregnant women themselves.
Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell
Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell
Fordham Law Review
Gender equality, across all the ways that we humans are engendered, is an unrealized ideal of many contemporary Americans. It is not enshrined in the U.S. Constitution, unless one interprets “men” to include women, which the Framers did not. Although passed by Congress in 1972, the Equal Rights Amendment (ERA) failed to gain the necessary thirty-eight state ratifications, and it has never become law. Thirty-five states initially ratified it between 1972 and 1977, then two more in 2017 and 2018. It remains one state short. These ratifications indicate significant social progress for women, but the progress is uneven, even within …
Free Speech And The Diverse University, Keith E. Whittington
Free Speech And The Diverse University, Keith E. Whittington
Fordham Law Review
There are those who think that free speech and inclusivity on college campuses are inconsistent. The notion that the two values are in tension with one another has become a common framing for thinking about the modern campus. A Gallup-Knight Foundation poll of college students asked respondents not only whether they valued free speech or diversity but also to choose between them and indicate which was “more important for colleges.” When forced to choose, a substantial minority of students said they would prioritize inclusivity over the freedom to express “viewpoints that are offensive” on campus. Following the Gallup-Knight poll the …
Income Disparity, Gender Equality, And Free Expression, Sylvia A. Law
Income Disparity, Gender Equality, And Free Expression, Sylvia A. Law
Fordham Law Review
In the past half century, our world has experienced a radical change comparable to the Industrial Revolution of the nineteenth century. At least five elements are key: growing disparity of human opportunity, advance of formal human rights and equality, information transformation, economic globalization, and climate change. My focus is on economic disparity and gender equality in the United States. These two issues, huge in and of themselves, interact with the other cataclysmic changes of our time.
Got Mylk?: The Disruptive Possibilities Of Plant Milk, Iselin Gambert
Got Mylk?: The Disruptive Possibilities Of Plant Milk, Iselin Gambert
Brooklyn Law Review
Milk is one of the most ubiquitous and heavily regulated substances on the planet—and perhaps one of the most contested. It is tied closely to notions of purity, health, and femininity, and is seen as so central to human civilization that our own galaxy—the Milky Way—is named after it. But despite its wholesome reputation, milk has long had a sinister side, being bound up with the exploitation of the (human and nonhuman) bodies it comes from and being a symbol of and tool for white dominance and superiority. The word itself, in verb form, means “to exploit.” It is also …
Transitional Equality, Suzanne A. Kim
Transitional Equality, Suzanne A. Kim
University of Richmond Law Review
Legal discussions of inequality often focus on the virtues of one legal status or regulatory structure over another, but a guarantee of the right to a particular legal status does not ensure a lived experience of equality in that status. In moments of legal change, when a person or class of persons obtain a new status or gain rights that had previously been denied to them, the path from one legal status to another becomes critically important and may itself be impacted by race, gender, age, and other factors. The process of transitioning to a new status can be complex …
The Case For Contraceptives: The Legislative History Of The Aca’S Birth Control Mandate, Julia Grant
The Case For Contraceptives: The Legislative History Of The Aca’S Birth Control Mandate, Julia Grant
Venture: The University of Mississippi Undergraduate Research Journal
This paper seeks to outline the legislative and judicial history of the Affordable Care Act’s contraception coverage mandate. It begins by explaining the justifications and specifications of the provision. It then highlights the three phases of litigation that have surrounded the mandate: closely held, for-profit companies; religious nonprofit organizations; and state attorney generals. This paper provides context for the litigation by describing the opposing stances towards the mandate of the Obama and Trump Administrations and the different modifications to the provision made under each administration. In the wake of last week’s finalization of the controversial rules the Trump Administration issued, …
Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron
Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron
Fordham Law Review
Gender equality demands equal opportunity to speak and be heard. Yet, in recent years, the clash between equality and free speech in the context of gender has intensified—in the media, the workplace, college campuses, and the political arena, both online and offline. The internet has given rise to novel First Amendment issues that particularly affect women, such as nonconsensual pornography, online harassment, and online privacy. On November 1–2, 2018, the Fordham Law Review brought together scholars and practicing lawyers from around the nation to address many of the pressing challenges facing feminists and free speech advocates today. The Symposium was …
"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain
Fordham Law Review
This Article considers the relationship between gender equality and freedom of association. Part I begins with the Supreme Court’s recognition of the freedom of association as first articulated in NAACP v. Alabama. It shows how, in the context of race discrimination, some key civil rights victories have enlisted claims of the freedom of association, while some other victories have prevailed against such claims. Those precedents set the foundation for the Court’s decision in Jaycees, which concerned gender discrimination. Part II focuses on the role of Jaycees in drawing an analogy between the harms of gender discrimination and sexual-orientation …
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney
Fordham Law Review
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …
American Courts And The Sex Blind Spot: Legitimacy And Representation, Michele Goodwin, Mariah Lindsay
American Courts And The Sex Blind Spot: Legitimacy And Representation, Michele Goodwin, Mariah Lindsay
Fordham Law Review
We argue the legacy of explicit sex bias and discrimination with relation to political rights and social status begins within government, hewn from state and federal lawmaking. As such, male lawmakers and judges conscribed a woman’s role to her home and defined the scope of her independence in the local community and broader society. Politically and legally, women were legal appendages to men—objects of male power (visà-vis their husbands and fathers). In law, women’s roles included sexual chattel to their spouses, care of the home, and producing offspring. Accordingly, women were essential in the home, as law would have it, …
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Seattle University Law Review
This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo
The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo
St. Mary's Law Journal
Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for abortions in cases of …
A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd
A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd
William & Mary Journal of Race, Gender, and Social Justice
The frequency with which female gamers and game developers experience sexual harassment and threats of violence online is significant enough to warrant concern about a section of our society— female gamers and game developers—having their sexuality and gender identity used against them, both as weapons and as barriers blocking them from access to a lucrative economic venture. An examination of the 2014 Gamergate controversy and various other instances of cyberharassment against female gamers and developers, as well as a look into the realm of eSports and an analysis of cyberharassment and the concept of true threats, indicate that this particular …