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Articles 1 - 30 of 358
Full-Text Articles in Law
Foreword: Gender Journals And Gender Equality: Reflections On Twenty-Five Years Of The Duke Journal Of Gender Law And Policy, Kerry Abrams
Foreword: Gender Journals And Gender Equality: Reflections On Twenty-Five Years Of The Duke Journal Of Gender Law And Policy, Kerry Abrams
Duke Journal of Gender Law & Policy
This Twenty-fifth Anniversary Volume of the Duke Journal of Gender Law and Policy is dedicated to Katharine T. Bartlett, A. Kenneth Pye Distinguished Professor of Law Emerita. She is a path-breaking scholar, inspiring leader, dynamic teacher, and loyal friend. Thank you, Kate, for your many contributions to furthering gender equality for generations of lawyers, students, and scholars.
Editors’ Note, Duke Journal Of Gender Law & Policy Editors
Editors’ Note, Duke Journal Of Gender Law & Policy Editors
Duke Journal of Gender Law & Policy
No abstract provided.
Domestic Violence And The Home-Centric Second Amendment, Joseph Blocher
Domestic Violence And The Home-Centric Second Amendment, Joseph Blocher
Duke Journal of Gender Law & Policy
The most prominent line-drawing debate in Second Amendment law and scholarship is whether and to what degree the right to keep and bear arms extends outside the home. Inside the home, the right is thought to be strongest, as private interests are at their apex and governmental interests are correspondingly weaker. But an uncritical acceptance of this home-centric Second Amendment is not well-equipped to account for the intersection between guns and domestic violence (DV). For women in particular, domestic violence in the home is a more significant threat than assault by a stranger, and studies have shown that the availability …
Prosecuting Sexual Exploitation And Trafficking Abroad: Congress, The Courts, And The Constitution, Sara Sun Beale
Prosecuting Sexual Exploitation And Trafficking Abroad: Congress, The Courts, And The Constitution, Sara Sun Beale
Duke Journal of Gender Law & Policy
No abstract provided.
Gender Law: After Twenty-Five Years, Katharine T. Bartlett
Gender Law: After Twenty-Five Years, Katharine T. Bartlett
Duke Journal of Gender Law & Policy
No abstract provided.
Looking Beyond The Easel: Artists’ Contexts And Resale Payments, Deborah A. Demott
Looking Beyond The Easel: Artists’ Contexts And Resale Payments, Deborah A. Demott
Duke Journal of Gender Law & Policy
No abstract provided.
Gender And International Trade Policy: Economic Nostalgia And The National Security Steel Tariffs, Rachel Brewster
Gender And International Trade Policy: Economic Nostalgia And The National Security Steel Tariffs, Rachel Brewster
Duke Journal of Gender Law & Policy
No abstract provided.
Constitutional Pronouns, Darrell A. H. Miller
Constitutional Pronouns, Darrell A. H. Miller
Duke Journal of Gender Law & Policy
No abstract provided.
In Harm’S Way: Gender And Human Rights In National Security, Jayne C. Huckerby
In Harm’S Way: Gender And Human Rights In National Security, Jayne C. Huckerby
Duke Journal of Gender Law & Policy
No abstract provided.
Working To Fail, Sara Sternberg Greene
Working To Fail, Sara Sternberg Greene
Duke Journal of Gender Law & Policy
No abstract provided.
Me Too? Race, Gender, And Ending Workplace Sexual Harassment, Trina Jones, Emma E. Wade
Me Too? Race, Gender, And Ending Workplace Sexual Harassment, Trina Jones, Emma E. Wade
Duke Journal of Gender Law & Policy
No abstract provided.
Re-Affirming The Value Of The Sports Exception To Title Ix’S General Non-Discrimination Rule, Doriane Lambelet Coleman, Michael J. Joyner, Donna Lopiano
Re-Affirming The Value Of The Sports Exception To Title Ix’S General Non-Discrimination Rule, Doriane Lambelet Coleman, Michael J. Joyner, Donna Lopiano
Duke Journal of Gender Law & Policy
No abstract provided.
Why The Nineteenth Amendment Matters Today: A Guide For The Centennial, Neil S. Siegel
Why The Nineteenth Amendment Matters Today: A Guide For The Centennial, Neil S. Siegel
Duke Journal of Gender Law & Policy
No abstract provided.
Chaos, Accomplishment, And Work, Or, What I Learned On Paternity Leave, Ernest A. Young
Chaos, Accomplishment, And Work, Or, What I Learned On Paternity Leave, Ernest A. Young
Duke Journal of Gender Law & Policy
No abstract provided.
“We Will See That You Are Troubled Right Along”: Women And The Politics Of The Early Federal Income Tax, Lawrence Zelenak
“We Will See That You Are Troubled Right Along”: Women And The Politics Of The Early Federal Income Tax, Lawrence Zelenak
Duke Journal of Gender Law & Policy
No abstract provided.
Annie Get Your Gun: The Constitution, Women, And Involuntary Service In Combat, Charles J. Dunlap Jr.
Annie Get Your Gun: The Constitution, Women, And Involuntary Service In Combat, Charles J. Dunlap Jr.
Duke Journal of Gender Law & Policy
No abstract provided.
Biopower, Disability And Capitalism: Neoliberal Eugenics And The Future Of Art Regulation, Gabrielle Goodrow
Biopower, Disability And Capitalism: Neoliberal Eugenics And The Future Of Art Regulation, Gabrielle Goodrow
Duke Journal of Gender Law & Policy
Discourse around reproductive and contraceptive technology in the United States is typically organized around ideas of autonomy, privacy, and free choice. The dichotomy of “pro-choice” and “pro-life” structures all debates on the topic, and the political framework of neoliberalism channels discussion into prepackaged frameworks of cost-benefit analysis and the primacy of free market choice. However, an examination of history and present policy developments paints a different picture. This Note argues that access to and regulation around contraception, abortion, and overall reproductive health and technology has been informed by and continues to interact with ideas of biopower and both positive and …
The Other 20 Cents Isn’T Worth It: The Inadequacy Of Title Vii’S Anti-Retaliation Framework, Hannah Taylor
The Other 20 Cents Isn’T Worth It: The Inadequacy Of Title Vii’S Anti-Retaliation Framework, Hannah Taylor
Duke Journal of Gender Law & Policy
This Article examines the framework for resolving Title VII retaliation disputes through the lens of gender pay disparity and proposes that the current framework is inadequate. The Article begins by illustrating the issue and the impact of retaliatory conduct in the workplace through the stories of two female workers. It also explains the Title VII retaliation standard and explores the process for filing and pursuing an anti-retaliation claim under this framework.
Ultimately, the current framework is inadequate for two reasons. First, it does little to discourage retaliatory conduct by employers or co-workers because what amounts to “retaliation” under the law …
The Paradox Of Policing As Protection: A Harm Reduction Approach To Prostitution Using Safe Injection Sites As A Guide, Emani Walks
Duke Journal of Gender Law & Policy
No abstract provided.
“Tragic And Glorious Pages”: The Evolution Of Intersex Rights In Russia And Reframing Law And Tradition To Advance Reform, Maggie J. Meyers
“Tragic And Glorious Pages”: The Evolution Of Intersex Rights In Russia And Reframing Law And Tradition To Advance Reform, Maggie J. Meyers
Duke Journal of Gender Law & Policy
No abstract provided.
Immigration, Adoption And Our National Identity, Shani M. King
Immigration, Adoption And Our National Identity, Shani M. King
Duke Journal of Gender Law & Policy
No abstract provided.
Voluntary Sterilization Of Inmates For Reduced Prison Sentences, Elise B. Adams
Voluntary Sterilization Of Inmates For Reduced Prison Sentences, Elise B. Adams
Duke Journal of Gender Law & Policy
In May 2017, a Tennessee judge issued a standing order allowing inmates to receive thirty days’ jail credit in exchange for undergoing a voluntary sterilization procedure. Although the order was ultimately rescinded, this Article will address the constitutional and ethical concerns that a district court would have considered had the order not been rescinded. While inmates can always choose to waive their constitutional rights, the coercive nature of prisons—explained in the unconstitutional conditions doctrine—may compromise a prisoner’s ability to provide voluntary consent. The constitutionality of the order largely depends on the level of scrutiny a court applies. Regardless of the …
From Sex Objects To Sisters-In-Arms: Reducing Military Sexual Assault Through Integrated Basic Training And Housing, Gabrielle Lucero
From Sex Objects To Sisters-In-Arms: Reducing Military Sexual Assault Through Integrated Basic Training And Housing, Gabrielle Lucero
Duke Journal of Gender Law & Policy
No abstract provided.
Using Federal Nondiscrimination Laws To Avoid Erisa: Securing Protection From Transgender Discrimination In Employee Health Benefit Plans, Bridget Schaaff
Using Federal Nondiscrimination Laws To Avoid Erisa: Securing Protection From Transgender Discrimination In Employee Health Benefit Plans, Bridget Schaaff
Duke Journal of Gender Law & Policy
Recent attempts to repeal the Affordable Care Act and the potential rollback of the interpretation of the protections the Act affords transgender people put transgender people at risk of being denied services and coverage for gender-affirming care. This Article provides advocates with alternative legal arguments to help employees bring claims when their employer provides a health benefit plan that discriminates on the basis of gender identity. These arguments can avoid the Employee Retirement Income Security Act’s broad preemption scheme and lack of nondiscrimination provisions. This Article proposes that, based on a narrow exception to preemption regarding the Employee Retirement Income …
Shooting For Equality: An Analysis Of The Market Force Defense As Applied To The U.S. Women’S Soccer Team’S Equal Pay Claim, Ali Jessani
Duke Journal of Gender Law & Policy
No abstract provided.
Protecting Does And Outing Mobsters: Recalibrating Anonymity Standards In Revenge Porn Proceedings, Elizabeth Brown
Protecting Does And Outing Mobsters: Recalibrating Anonymity Standards In Revenge Porn Proceedings, Elizabeth Brown
Duke Journal of Gender Law & Policy
No abstract provided.
Ain’T I…?: The Dehumanizing Effect Of The Regulation Of Slave Womanhood And Family Life, Dacia Green
Ain’T I…?: The Dehumanizing Effect Of The Regulation Of Slave Womanhood And Family Life, Dacia Green
Duke Journal of Gender Law & Policy
No abstract provided.