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Full-Text Articles in Law
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan Carle
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan Carle
Feminist Scholarship
This Article examines the history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court’s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, illconceived invention of the EEOC following Title VII’s passage. Instead, it arose out of a moderate, experimentalist regulatory tradition that sought to use laws to motivate employers to reform employment practices that posed structural bars to employment opportunities for racial minorities, regardless of invidious intent. Non-lawyer activists within the National Urban League first pioneered these experimentalist …
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Feminist Scholarship
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes
Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes
Feminist Scholarship
INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …
Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan Carle
Gender In The Construction Of The Lawyer’S Persona (Review Essay), Susan Carle
Feminist Scholarship
INTRODUCTION The overarching question motivating this Review Essay is whether- and, if so, in what ways-we should understand lawyering roles to be gendered. I examine this question by reviewing Kathryn Kish Sklar's recent biography of Florence Kelley, an early "public interest" lawyer and social activist whom Felix Frankfurter described as the woman who had "the largest single share in shaping the social history of the United States during the first thirty years of this century." Sklar's meticulous research provides us with new information about a dimension of Kelley's life that is overshadowed by Kelley's public persona as a social reformer …