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Articles 1 - 30 of 36
Full-Text Articles in Law
Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii
Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii
Duke Journal of Gender Law & Policy
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, . . . shall be punished at the discretion of that court.5 To implement this congressionally-enacted prohibition, the President, as Commander-in-Chief of the Armed Forces, has deemed by executive order that a number of acts are punishable under this Article.
Military Values In Law, Diane H. Mazur
Military Values In Law, Diane H. Mazur
Duke Journal of Gender Law & Policy
Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim's assertion of privilege is at least potentially inconsistent with the victim's professional obligation to …
Sexually Speaking: “Don’T Ask, Don’T Tell” And The First Amendment After Lawrence V. Texas, Shannon Gilreath
Sexually Speaking: “Don’T Ask, Don’T Tell” And The First Amendment After Lawrence V. Texas, Shannon Gilreath
Duke Journal of Gender Law & Policy
No abstract provided.
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Duke Journal of Gender Law & Policy
Some of those who served did so by disguising themselves as men.6 A number of women had served as spies, as was the case of Rose O'Neal Greenhow, who was arrested and imprisoned for supplying the Confederate Army with information, and Pauline Cushman, who was sentenced to be executed as a Union spy during the War Between the States.7 The first woman to receive the Congressional Medal of Honor, Dr. Mary Walker, provided her services as a doctor free of charge to Union forces in Virginia and Tennessee.8 She had asked the Union Army to hire her as a doctor, …
“But Some Of [Them] Are Brave”: Identity Performance, The Military, And The Dangers Of An Integration Success Story, Mario L. Barnes
“But Some Of [Them] Are Brave”: Identity Performance, The Military, And The Dangers Of An Integration Success Story, Mario L. Barnes
Duke Journal of Gender Law & Policy
By dislodging the story and acknowledging the effects of unconscious bias, the Armed Forces will be better able to address the ways in which some use identity-race in particular-as a tool to stigmatize, dishonor, and disfavor group members based on their perceived characteristics.11 As it currently stands, the operation of unconscious biases interacts with Armed Forces' institutional policy choices-such as a commitment to formal equality achieved through race- and gender-neutral regulations-and organizational social norms to negatively shape the work "performance"12 of women and minority service members.
Women In The Sphere Of Masculinity: The Double-Edged Sword Of Women’S Integration In The Military, Noya Rimalt
Women In The Sphere Of Masculinity: The Double-Edged Sword Of Women’S Integration In The Military, Noya Rimalt
Duke Journal of Gender Law & Policy
Too many women together are not a good thing anywhere, especially not in the military.2 Noa is one of numerous women who have managed to cross traditional gender lines in the Israeli military in the last decade, assigned to positions that typically had been reserved for men.3 The inclusion of those women in traditional masculine spheres was the result of legal changes initiated by women and feminist groups in the 1990s.4 Those changes were designed to promote greater gender equality in the military by opening prestigious combat units to women soldiers.5 Hence, Noa and all other women whose military experiences …
Women In Combat: Is The Current Policy Obsolete?, Martha Mcsally
Women In Combat: Is The Current Policy Obsolete?, Martha Mcsally
Duke Journal of Gender Law & Policy
No abstract provided.
Silent Sacrifices: The Impact Of “Don’T Ask, Don’T Tell” On Lesbian And Gay Military Families, Kathi Westcott, Rebecca Sawyer
Silent Sacrifices: The Impact Of “Don’T Ask, Don’T Tell” On Lesbian And Gay Military Families, Kathi Westcott, Rebecca Sawyer
Duke Journal of Gender Law & Policy
The sacrifices of the nation's 65,000 lesbian, gay, and bisexual military personnel2 and the one million lesbian, gay, and, bisexual veterans, however, have only recently garnered significant attention.3 Media stories such as that of former Army Sergeant Bleu Copas, an Arabic linguist with the 82nd Airborne, illustrate the impact of the "Don't Ask, Don't Tell" law on individual service members as well as the law's impact on the military's personnel needs.4 Yet the impact of "Don't Ask, Don't Tell" on gay military families has garnered little public attention because few families headed by a same-sex couple, in which one partner …
A Right To Choose?: Sex Selection In The International Context, Ashley Bumgarner
A Right To Choose?: Sex Selection In The International Context, Ashley Bumgarner
Duke Journal of Gender Law & Policy
While there is some debate among doctors, ethicists, and the general public about the level of medical necessity that should justify a sex-selection procedure, most accept that sex selection for medical reasons is beyond ethical reproach, and in some situations, should even be encouraged.9 However, elective, non-medical sex-selection, which is often performed for social or financial reasons, is the subject greater scrutiny and impassioned ethical debate.10 Currently, doctors and geneticists are able to diagnose more than five hundred separate medical conditions in a developing fetus.11 Among these conditions are devastating genetic diseases such as hemophilia, Down syndrome, cystic fibrosis, Huntington's …
Constructing The Co-Ed Military, Elaine Donnelly
Constructing The Co-Ed Military, Elaine Donnelly
Duke Journal of Gender Law & Policy
During a pre-launch test of the Apollo One spacecraft,1 an electrical spark ignited the pure-oxygen atmosphere inside the cramped capsule, killing astronauts Virgil Grissom, Edward White, and Roger Chafee.2 Critics demanded to know why the mechanical and electrical engineers of the National Aeronautic and Space Administration (NASA) failed to recognize the inherent dangers of operating in a pure-oxygen environment. To ensure that the intent of Congress is carried out with regard to homosexuals in the military, the Secretary of Defense should: * Improve understanding and enforcement of the law by eliminating the Clinton Administration's enforcement regulations, known as "Don't Ask, …
Cultural Differences In Perceptions Of And Responses To Sexual Harassment, Jennifer Zimbroff
Cultural Differences In Perceptions Of And Responses To Sexual Harassment, Jennifer Zimbroff
Duke Journal of Gender Law & Policy
14 To be considered pervasive, the conduct must be repeated, continuous and concerted, and not merely an isolated incident or occasional occurrence.15 Moreover, to sustain a hostile environment claim, the conduct must have been unwelcome-that is, the conduct was neither invited nor incited by the complaining party-and the complainant must have clearly indicated that the conduct was unwelcome.16 Hostile environment sexual harassment encompasses a wide range of behaviors including, inter alia, displays of sexually-explicit materials, sexuallycharged or demeaning jokes, derogatory names or epithets, physical advances, repetitive requests for dates, repeated comments on physical appearance, and sexually-charged body language or facial …
Harvard Law School Lambda Second Annual Gay And Lesbian Legal Advocacy Conference: “Don’T Ask, Don’T Tell”, Sharon E. Debbage Alexander, Tim Bakken, Robert C. Bordone, Jennifer Gerarda Brown, Stuart F. Delery, Brian Fricke, Elizabeth L. Hillman, Elena Kagan, Lawrence J. Korb, Joe Lopez, Diane H. Mazur, Denny Meyer, Martha Minow, C. Dixon Osburn, Joseph C. Steffan, Susan Sommer, Laurence H. Tribe
Harvard Law School Lambda Second Annual Gay And Lesbian Legal Advocacy Conference: “Don’T Ask, Don’T Tell”, Sharon E. Debbage Alexander, Tim Bakken, Robert C. Bordone, Jennifer Gerarda Brown, Stuart F. Delery, Brian Fricke, Elizabeth L. Hillman, Elena Kagan, Lawrence J. Korb, Joe Lopez, Diane H. Mazur, Denny Meyer, Martha Minow, C. Dixon Osburn, Joseph C. Steffan, Susan Sommer, Laurence H. Tribe
Duke Journal of Gender Law & Policy
No abstract provided.
Military Sex Scandals From Tailhook To The Present: The Cure Can Be Worse Than The Disease, Kingsley R. Browne
Military Sex Scandals From Tailhook To The Present: The Cure Can Be Worse Than The Disease, Kingsley R. Browne
Duke Journal of Gender Law & Policy
On Friday and Saturday of the convention, "hospitality suites" hosted by various flight squadrons were the scene of what can accurately be described as debauchery.6 The activities included performances by female strippers, sexual interaction with these strippers,7 drinking "belly/navel shots,"8 which entails men drinking alcohol out of women's navels, "butt biting"9 and leg shaving,10 which are what they sound like, and "ball walking," which consisted of fully clothed male officers walking around with their genitals exposed.11 The activities spread into the third-floor hall linking the suites. A "gauntlet" (or "gantlet")-a double line of male aviators, one on each side of …
National Lesbian And Gay Law Foundation Lavender Law 2006 “Rum, Sodomy, And The Lash”: What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Sharra E. Greer, Elizabeth L. Hillman, Diane H. Mazur, Warrington S. Parker Iii
National Lesbian And Gay Law Foundation Lavender Law 2006 “Rum, Sodomy, And The Lash”: What The Military Thrives On And How It Affects Legal Recruitment And Law Schools, Sharra E. Greer, Elizabeth L. Hillman, Diane H. Mazur, Warrington S. Parker Iii
Duke Journal of Gender Law & Policy
No abstract provided.
Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer Levi
Some Modest Proposals For Challenging Established Dress Code Jurisprudence, Jennifer Levi
Duke Journal of Gender Law & Policy
Two well-established exceptions to the rule exist for dress codes that either (1) objectify or sexualize women1 or (2) allow for flexibility of standards for male employees' appearance but require stricter rules for women.2 A third, still-evolving exception has recently developed regarding challenges to dress codes by transgender litigants.3 Despite this recent progress, however, the classical gender-based dress code-requiring women to conform to feminine stereotypes and men to conform to masculine stereotypes-has, up to the present, been sustained by a majority of the courts time and again.4 It is, therefore, fortitious that two cases now offer insights as to why …
The Law And Economics Of Identity, Rafael Gely
The Law And Economics Of Identity, Rafael Gely
Duke Journal of Gender Law & Policy
"24 Social norms, for example, have long had an important impact on gender roles in employment specifically with respect to work/family concerns.25 Moreover, one of the central conclusions of the famous Hawthorne experiments of the 1930s26 was that employee work effort is significantly influenced by the norms of the employee's workgroup with respect to what constitutes an appropriate work level or output.27 Applying this analysis, employees are deemed not "irrational" when they don't increase output in response to increased employer incentive pay; they are simply responding to workplace social norms-i.e., they don't want to be ostracized by fellow employees as …
Gender Nonconformity And The Unfulfilled Promise Of Price Waterhouse V. Hopkins, Joel Wm. Friedman
Gender Nonconformity And The Unfulfilled Promise Of Price Waterhouse V. Hopkins, Joel Wm. Friedman
Duke Journal of Gender Law & Policy
The Supreme Court has articulated a doctrinal framework that, if construed and applied properly, provides the lower federal courts with the analytical tools necessary to identify and proscribe workplace rules that compel individuals to adhere to appearance, attire, and behavioral norms that operate to reinforce gendered expectations.1 Since the Supreme Court has ruled that penalizing an individual for failing to conform to gendered norms of behavior constitutes a form of sex-based discrimination,2 one would expect that employees would have achieved some measure of success in challenging such policies.
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
Duke Journal of Gender Law & Policy
Concluding that being a woman should not be a BFOQ for the job, this article addresses whether casino owners may require that women and men cocktail servers wear sexy provocative uniforms to serve cocktails in Las Vegas casinos.
Facial Discrimination: Darlene Jespersen’S Fight Against The Barbie-Fication Of Bartenders, Jennifer C. Pizer
Facial Discrimination: Darlene Jespersen’S Fight Against The Barbie-Fication Of Bartenders, Jennifer C. Pizer
Duke Journal of Gender Law & Policy
Lambda Legal took up Darlene Jespersen's case because restrictive, genderbased rules about personal appearance and deportment can pose particular burdens for anyone whose gender identity or expression varies from conventional stereotypes; lesbian, gay, bisexual, and transgender ("LGBT") people are disproportionately burdened by such rules.7 Many LGBT people cannot readily conform to conventional gender stereotypes. 8 For others, simply the process of "coming out" as LGBT or "queer" gives rise to a deep critique of the artificially restrictive gender stereotypes that pervade our modern lives and shape corporate marketing campaigns.
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Duke Journal of Gender Law & Policy
Feminists have been debating what constitutes appropriate female attire since the beginning of the feminist movement in the United States. Since the early 1990s, when Naomi Wolf's book The Beauty Myth was released, feminists, law professors, and popular culture critics have tried to understand women's dress in the present day. In spite of years of criticism of these beliefs, the bias this injects into rape trials, and even with the enactment of rape shield laws, this evidence still sneaks into rape cases. With this in mind, one would expect a similar phenomenon to occur in sexual harassment cases. As the …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
Duke Journal of Gender Law & Policy
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg
An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg
Duke Journal of Gender Law & Policy
In chapter 3 I build on this conclusion and argue that political solidarity based on a common relationship to oppression and domination is the appropriate focus of (racial) identity politics and legal rights assertion; by contrast cultural claims are more contestable on both descriptive and normative terms and should be left to more fluid domains of conflict resolution such as social dialogue, the democratic process and the market economy . . . . With respect to the "foreseeable effects" model, the 1995 test for the first prong, the existence of a foreseeable impact, clearly encompasses more than cultural difference.94 In …
Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan
Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan
Duke Journal of Gender Law & Policy
No abstract provided.
Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts
Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts
Duke Journal of Gender Law & Policy
While courts have rarely ruled in favor of plaintiffs bringing discrimination claims based on identity performance, legal scholars have argued that discrimination on the basis of certain cultural displays should be prohibited because it creates a work environment that is "heavily charged" with ethnic and racial discrimination. Drawing upon empirical studies of diversity management, stereotyping, and group dynamics, we describe how workplace cultural profiling often creates an unproductive atmosphere of heightened scrutiny and identity performance constraints that lead workers (especially those from marginalized groups) to behave in less authentic, less innovative ways in diverse organizational settings.
The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas
The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas
Duke Journal of Gender Law & Policy
Throughout American history, skin color, eye color, and hair texture have had the power to shape the quality of Black people's lives, and that trend continues today for Black women in the workplace.
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin
Duke Journal of Gender Law & Policy
Any answer here is bound to be controversial, but it would have to be founded on a notion that we, as a society, have reason to value and therefore preserve a state of affairs in which certain types of behaviors relating to the manner of presenting oneself to others are engaged in predominantly by members of one sex but not the other.109 To put it another way, the rationalizability of sex-dependent workplacepresentation rules must depend on the idea that, even granting that sex and gender or gender-performance can be conceptually disaggregated,110 we nevertheless have reason to maintain a state of …
The Many Faces Of Darlene Jespersen, Michael Selmi
The Many Faces Of Darlene Jespersen, Michael Selmi
Duke Journal of Gender Law & Policy
Since this symposium and this case are about appearances, it is worth noting that Lambda Legal posted pictures of Darlene Jespersen in her uniform on its website, and those pictures could be seen as presenting a stereotypical image of a middle-aged gay woman.5 There are obviously many reasons the pictures may have been presented-to humanize her, to show the effect of the makeup policy since the pictures appeared to be taken in the context of the personal best policy-but they also convey an image, and were likely intended to do so. An objection to this line of reasoning is likely …
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
Duke Journal of Gender Law & Policy
Importing interpretations of Title VII developed from the equal opportunity harasser doctrine to dress code cases-which also fall under the purview of Title VII-would allow courts to focus on the sex-based underpinnings of employer dress codes that construct women as generally inferior to men and the harm that dress codes present to individuals who deviate from accepted gender norms, without requiring comparative evidence of unequal burdens to both sexes.
Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray
Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray
Duke Journal of Gender Law & Policy
Teresa Pope was charged with solicitation of the crime against nature for offering oral sex for money to two undercover police officers.5 Solicitation is an inchoate offense-like attempt or conspiracy-that relies on the criminality of the underlying conduct. 6 Although oral sex by itself cannot be criminalized post-Lawrence, the North Carolina Court of Appeals held in State v. Pope that the charge of solicitation of the crime against nature survived Lawrence by virtue of an exception in that decision allowing criminalization of prostitution. "10 In State v. Richardson, the Supreme Court of North Carolina construed this statute to apply only …