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Civil Rights and Discrimination Commons™

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Maurer School of Law: Indiana University

2013

Articles 1 - 19 of 19

Full-Text Articles in Civil Rights and Discrimination

Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine Oct 2013

Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine

Articles by Maurer Faculty

In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.

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Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll Oct 2013

Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

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How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson Oct 2013

How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

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Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao Oct 2013

Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

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Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert Jul 2013

Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

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Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver Jul 2013

Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver

Indiana Journal of Global Legal Studies

The dual forces of globalization and support for diversity in the legal profession are responsible for significant growth among U.S. law firms. Both women lawyers and those educated outside of the U.S. have been important elements facilitating the global trajectories of U.S. firms, but the interaction between the two has not been the subject of substantial research. We address this gap by drawing on an original dataset of lawyer biographies, and consider whether career strategies that involve the international mobility of lawyers are equally powerful for women and men. Our research suggests that globalization of large firm practice has not …

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Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson Jul 2013

Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson

Indiana Journal of Global Legal Studies

This article represents the first effort to measure the changing global supply and composition of lawyers over a period of several decades. In it I assemble data on lawyer populations and gender compositions from eighty-six countries and use them to calculate estimates for the rest of the world in order to paint a truly global picture of the changing supply of lawyers in general and of female lawyers in particular. Most of the data supporting my analyses come from a unique and hitherto untapped source: individual-level census data. Results reveal a clear sequence in the global process of lawyer feminization. …

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Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling Jul 2013

Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling

Indiana Journal of Global Legal Studies

This article asks how cultural frameworks of status influence the evaluation of performance including compensation and advancement of lawyers who were seven years into their practice. We borrow from the work on status expectations that goes beyond gender distinctions and assesses whether the concept of motherhood has a negative impact on assessment of female lawyers. Status expectations theory hypothesizes that mothers are valued less because they are less committed to the workplace and thus receive a motherhood penalty while men receive a fatherhood bonus in compensation decisions. Employing data from the After The JD study, we test the impact of …

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The Impact Of The Economic Downturn On Women Lawyers In The United States, Cynthia Fuchs Epstein, Abigail Kolker Jul 2013

The Impact Of The Economic Downturn On Women Lawyers In The United States, Cynthia Fuchs Epstein, Abigail Kolker

Indiana Journal of Global Legal Studies

Although women have made considerable inroads in the legal profession over the past four decades, a review of their distribution in various types of practice in the United States shows that, compared to their male colleagues, they have been affected disproportionately by the recent economic downturn, although not in every sphere of the profession. This study reviews research, articles in the legal press, and online blogs that report women's access to equity partnerships has been stalled, their representation in part-time employment has increased, and they are disproportionately recruited or diverted to positions as staff or contract attorneys. Women's access to …

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Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli Jul 2013

Gender And Difference Among Brazilian Lawyers And Judges: Public And Private Practice In The Global Periphery, Maria Da Gloria Bonelli

Indiana Journal of Global Legal Studies

This article examines the ways in which Brazilian lawyers and judges experience difference. It focuses on how gender and diversity intersect in identity formation among women and men in public and private practice in the state of Sdo Paulo, Brazil. In attempting not to attach one fixed meaning to the concept of difference, the research works with Avtar Brah's typology, which aids in detecting how difference is perceived and experienced by the interviewees. The results provide a look at the specificities of professional practice in the global periphery, comparing the gender composition of law firms and gender stratification within legal …

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"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen Jul 2013

"Why Is Gender A Form Of Diversity?": Rising Advantages For Women In Global Indian Law Firms, Swethaa Ballakrishnen

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

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Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron Jul 2013

Afterward: A Comparative Look At The Status Of Women In The Legal Profession, Carroll Seron

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

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An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella Jun 2013

An Unreasonable Application Of A Reasonable Standard: Title Vii And Sexual Orientation Retaliation, Jorden Colalella

Indiana Journal of Law and Social Equality

No abstract provided.

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Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes Jun 2013

Identification Problems And Voting Obstacles For Transgender Americans, James A. Haynes

Indiana Journal of Law and Social Equality

No abstract provided.

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Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer Jun 2013

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

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When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon Jun 2013

When Diversity For Diversity's Sake Is Not Enough: Should Black Immigrants Receive The Benefit Of Affirmative Action At The Detriment Of Native Blacks?, Cedric Gordon

Indiana Journal of Law and Social Equality

No abstract provided.

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Neither A Pedestal Nor A Cage: In Pursuit Of Genuine Gender Equality In The Philippine Workplace, Emily Sanchez Salcedo Jun 2013

Neither A Pedestal Nor A Cage: In Pursuit Of Genuine Gender Equality In The Philippine Workplace, Emily Sanchez Salcedo

Maurer Theses and Dissertations

For seven straight years since 2006, the Philippines ranked among the top ten countries in the World Economic Forum’s Global Gender Gap Index that rates countries based on their ability to close the gender gap in four fundamental categories, to wit: economic participation and opportunity, educational attainment, health and survival, and political empowerment. At eighth place, the country leads the rest of Asia and proudly shares the top spot in educational attainment and health and survival while managing to land in the top twenty in terms of economic participation and opportunity and political empowerment. While these rankings warm the …

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The Changing Nature Of The Dominant Justifications That Legitimated The Oppression Of African-Americans In The United States, Kevin D. Brown Jan 2013

The Changing Nature Of The Dominant Justifications That Legitimated The Oppression Of African-Americans In The United States, Kevin D. Brown

Articles by Maurer Faculty

The original justifications for the oppression of both African–Americans in the United States and Dalits in India were drawn from the religious systems of thought of both societies. However, over the centuries, the basic justifications for the oppression of African–Americans changed, while the primary rationale for the oppression of Dalits still remains rooted in religion. This essay sketches out the dominant forms that made and continue to make the oppression of African–Americans appear to be part of the natural order of things. It shows how the primary justifications for the oppression of Blacks changed over time. In so doing, this …

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The Employment And Economic Advancement Of African-Americans In The Twentieth Century, Kenneth G. Dau-Schmidt, Ryland Sherman Jan 2013

The Employment And Economic Advancement Of African-Americans In The Twentieth Century, Kenneth G. Dau-Schmidt, Ryland Sherman

Articles by Maurer Faculty

In this article we examine the progress of African–Americans in the American labour market over the course of the twentieth century. We trace their progress as African-Americans moved from low-skill low-wage jobs in southern agriculture to a panoply of jobs including high-skill, high-wage jobs in industries and occupations across the country.We also document the migrations and improvements in educational achievement that have made this progress possible. We examine the progress yet to be made and especially the problems of lack of education and incarceration suffered by African–American males. Finally, we examine the importance of anti-discrimination laws and affirmative action in …

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