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Articles 1 - 30 of 32
Full-Text Articles in Law
Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman
Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman
Christopher Salvatore
Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …
Trump, Gender Rebels, And Masculinities, Dara Purvis
Trump, Gender Rebels, And Masculinities, Dara Purvis
Dara Purvis
Since the inauguration of President Trump, most of his Administration’s actions have been sharply conservative: notably, his efforts to ban transgender Americans from military service. There have been exceptions, however, such as proposals to create support for paid parental leave, an issue previously championed by Democrats.
This seeming contradiction of progressive and regressive policies can be reconciled by viewing the Trump Administration through the lens of masculinities theory. Hegemonic masculinity depends upon sharp differentiation between “real” men and everyone else, the latter occupying places in a hierarchy far below men. In this reading, Trump’s version of parental support makes sense: …
Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny
Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny
JoAnne Sweeny
No abstract provided.
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Aaron A. Dhir
My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …
Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman
Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman
Laura A. Rosenbury
The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only …
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Sentencing Pregnant Drug Addicts: Why The Child Endangerment Enhancement Is Not Appropriate, Monica Carusello
Monica B Carusello
No abstract provided.
Real Men, Luke A. Boso
Real Men, Luke A. Boso
Luke A. Boso
Men experience discrimination every day at work and at school because they fail to look or behave like real men. Most courts now hold that men can prove sex discrimination by presenting evidence that the defendant harassed or bullied the plaintiff because he fails to conform to sex stereotypes. But judges in these cases are reluctant to find that defendants intended to discriminate “because of sex,” which is required to state a valid claim under statutory anti-discrimination law. Instead, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what …
The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol
The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship. Cognizant of, and notwithstanding such limitations, this …
Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd
Asking The Man Question: Masculinities Analysis And Feminist Theory, Nancy E. Dowd
Nancy Dowd
Masculinities scholarship is an essential piece of feminist analysis and of critical equality analysis. It requires that we "ask the man question" to further unravel inequalities. This symposium marks one of several movements toward examining and considering what masculinities scholarship can offer. In this introduction, I suggest a framework of masculinities analysis and describe its relationship to feminist theory. First, I consider why we should ask the "man question," and how we should ask it. Second, I explore how masculinities analysis might be useful in our examination of the "man question." Masculinities work can be used to understand more clearly …
Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Nancy Dowd, Adrienne Davis, Marion Crain, Bonnie Dill, Catherine Ross, Joan Williams
Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Nancy Dowd, Adrienne Davis, Marion Crain, Bonnie Dill, Catherine Ross, Joan Williams
Nancy Dowd
A central characteristic of our current gender arrangements is that they pit ideal worker women against marginalized caregiver women in a series of patterned conflicts I call gender wars. One version of these are the mommy wars that we see often covered in the press between employed mothers and mothers at home. Employed mothers at times participate in the belittlement commonly felt by homemakers. Also mothers at home, I think, at times participate in the guilt-tripping that's often felt by mothers who are employed. These gender wars are a central but little understood characteristic of the gender system that grew …
The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman
The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman
Hadar Aviram
Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and …
Accepting The Court's Invitation, Martha M. Ertman
Accepting The Court's Invitation, Martha M. Ertman
Martha M. Ertman
No abstract provided.
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman
Martha M. Ertman
This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.
Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon
Sex Is Less Offensive Than Violence: A Call To Update Obscenity Jurisprudence, Rachel Simon
Rachel Simon
This article addresses the gender bias presented by the disparate treatment of sex and violence under current obscenity jurisprudence. Under the controlling standard set forth by the Supreme Court in Miller v. California, sexual works may readily be regulated as obscenity, while violent works unequivocally may not. This article posits that this disparate treatment is the product of entrenched stereotypes about the way men and women “should” react to sex and violence, and notes the hypocrisy of failing to apply the same reasoning to assessments of violent versus sexual material.
First, reliance on “community standards” to define what material …
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Robin S. Maril
Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles
Gabriel Arkles
Those concerned with racial, gender, sexual, economic, or disability justice should be concerned about the direction and focus of national conversations in the wake of Newtown. Controversies over gun control and mental health treatment have a profound impact on those marginalized based on race, gender, sexuality, class, and disability. Gun control laws endanger trans people of color and queer women of color, as well as those labeled mentally ill, by failing to reduce interpersonal violence while increasing the violence of the criminal legal system. Instead of increasing incarceration of people in marginalized communities who choose to carry guns, we should …
Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto
Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto
Susana L. SáCouto
The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik
The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik
Dan Subotnik
No abstract provided.
Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler
Gay Rights And Lefts: Rights Critique And Distributive Analysis For Real Law Reform, Libby Adler
Libby S. Adler
For the last decade and more, the law reform agenda on behalf of sexual minorities in the United States has been dominated by the same-sex marriage campaign and, to a lesser extent, the repeal of Don’t Ask/Don’t Tell. Gay rights advocates for both equality-seeking efforts, while locked in battle with culture warriors from the right, also have been subject to protest and criticism from the left for their powerful normalizing impulses and identitarian rights-orientation. Gay rights advocates nonetheless have persevered in their quest for equality, scarcely acknowledging the criticism from queer and other non-mainstreaming or dissident voices, perhaps unable to …
A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh
A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh
Yofi Tirosh
Legal regulation of surnames provides a fascinating venue for examining how women negotiate their interests of autonomy and of stable personhood vis a vis a patriarchal naming structure. This is a study of 25 years of adjudication of surnames and personal status at the European Court of Human Rights. It explores the intricate ways in which legal norms governing surnames (and their judicial interpretation) sustain, shape, and reify social institutions such as gender, family, and citizenship.
As a pan European court, the adjudication of the ECHR operates within the framework of human rights. The universal characteristics of human rights principles …
Situation, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Situation, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Marybeth Herald
The psychological literature enhances our understanding of discrimination. This essay discusses three examples of how that literature can contribute to limiting destructive gender bias in the workplace, in private interactions, and in the courtroom. First, situational pressures have a powerful influence on our actions and must be taken into account in combating employment discrimination. A workplace designed for traditional male needs (limited parenting and home responsibilities) will continue to pressure females out of the workplace or childbearing despite formal equality rules. Second, the use of the term “disorder” as a frame for describing persons with an intersex condition may not …
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Luke A. Boso
Society tends to treat a person's sexual orientation and intimate preferences as if those concepts are static and immutable. People regularly divide themselves into binary gay and straight categories, and similarly seek masculine or feminine qualities in an appropriately sexed person. These intimate preferences occupy a uniquely private position in society, and the characteristics to which people claim attraction are thought so personal as to be sacred. In turn, we resist characterizing our intimate preferences as discrimination despite the tangible harms that befall those who are disproportionately excluded from romantic opportunities. But individual discriminatory intimate practices do not necessarily imply …
Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald
Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald
Marybeth Herald
This panel discussion focuses on recent developments in the intersex and transsexual communities. Recently, both movements have undergone profound changes and each has provided new and unique theoretical and practical perspectives that can potentially benefit other social justice groups. This dialogue describes these developments. It also emphasizes the importance of feminist, lesbian, gay, bisexual, transsexual and intersex activists becoming aware of the goals that they share and areas where their interests may diverge. As each of these movements develops their legal strategies, they need to be conscious of the potentially positive and negative ramifications that their approaches may have on …
Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross
Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross
Aeyal M. Gross
This Article considers four trials held in the United States, United Kingdom, and Israel, in which gender outlaws were accused and convicted in a criminal court for fraudulent gender presentations. These trials raise questions at a number of junctures that touch on the regulation and politics of sex, gender, and sexuality. I argue that these cases manifest not only the unresolved tension between sexual and gender identities, but also the internal conflicts within the identities themselves, as well as the difficulty of maintaining boundaries amongst them. Furthermore, I argue that, contrary to the rhetoric used by the various courts, the …
A (Trans) Gender-Inclusive Equal Protection Analysis Of Public Female Toplessness, Luke Boso
A (Trans) Gender-Inclusive Equal Protection Analysis Of Public Female Toplessness, Luke Boso
Luke A. Boso
Federal, state, and municipal laws have long regulated, and often blanketly prohibited, the exposure of female breasts in public venues for a variety of purported reasons. Generally worded to prohibit the exhibition of the “female breast with less than a fully opaque covering or any portion thereof below the top of the nipple,” nudity-regulating laws lack a similar provision for male breasts, and, in fact, exclude the male torso from coverage entirely.
Pursuant to the Supreme Court’s sex-based discrimination jurisprudence, advocates for topfree equality have repeatedly challenged these laws in court, arguing that they violate U.S. and state constitutions’ equal …
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian
Maya Manian
In Gonzales v. Carhart, the Supreme Court upheld a federal ban on a type of second-trimester abortion that many physicians believe is safer for their patients. Carhart presented a watershed moment in abortion law, because it marks the Supreme Court’s first use of the anti-abortion movement’s “woman-protective” rationale to uphold a ban on abortion and the first time since Roe v. Wade that the Court denied women a health exception to an abortion restriction. The woman-protective rationale asserts that banning abortion promotes women’s mental health. According to Carhart, the State should make the final decisions about pregnant women’s healthcare, because …
Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer
Gender Matters: Making The Case For Trans Inclusion, Nancy J. Knauer
Nancy J. Knauer
The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and, ultimately, a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the gender …
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Nancy Levit
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald
Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald
Marybeth Herald
Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.
It is not surprising then that when the validity of even the basic categories …
Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman
Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman
Marybeth Herald
n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.
Although …