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Civil Rights and Discrimination Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Law and Gender (11)
- Labor and Employment Law (10)
- Constitutional Law (6)
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- Panes of the Glass Ceiling (8)
- Gender (3)
- Women's rights (3)
- Work culture (3)
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- Civil rights (2)
- Employment discrimination (2)
- Gender equality (2)
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- Anti-Asian American Racism (1)
- Anti-SLAPP laws (1)
- Antidiscrimination laws (1)
- BigLaw (1)
- Bivens (1)
- Bostock; LGBT Rights; Employment Discrimination; Civil Rights Act; Sexual Orientation and Gender Identity (1)
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Articles 1 - 20 of 20
Full-Text Articles in Civil Rights and Discrimination
Four Basic Postulates Concerning Women And Workplace Bullying In The United States, David C. Yamada
Four Basic Postulates Concerning Women And Workplace Bullying In The United States, David C. Yamada
FIU Law Review
Responding to Kerri Lynn Stone's "Panes of the Glass Ceiling," this article delves into the pervasive issue of workplace bullying and its nuanced impact on women in professional settings. Stone's book identifies distinct "panes" of gender bias hindering women's progress, with a focus on workplace bullying as a major sub-theme. The essay proposes four postulates, drawing on national surveys by the Workplace Bullying Institute and articles from the author's professional blog, Minding the Workplace. Emphasizing the disproportionate targeting of women, the role of male perpetrators, complexities surrounding female perpetrators, and the potential of anti-bullying laws, the essay contributes to understanding …
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
FIU Law Review
My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.
Antidiscrimination Efforts And The Repressive Weight Of Culture, Matthew T. Bodie
Antidiscrimination Efforts And The Repressive Weight Of Culture, Matthew T. Bodie
FIU Law Review
ChatGPT In "Very Important People: Status and Beauty in the Global Party Circuit," sociologist Ashley Mears unveils the opulent world of the ultra-rich party scene, where young women, primarily models, serve as ornamental capital to enhance social status. Drawing parallels, Kerri Lynn Stone's "Panes of the Glass Ceiling" exposes enduring systemic barriers to gender equality, particularly in male-dominated professions, despite anti-discrimination laws. Stone emphasizes cultural norms and expectations perpetuating male privilege, challenging the efficacy of existing legal frameworks. Proposing a shift from anti-classification to an anti-subordination principle, Stone advocates for direct interventions, citing legislative efforts targeting pay inequality and mandating …
Shattering Stereotypes, Stephanie Bornstein
Shattering Stereotypes, Stephanie Bornstein
FIU Law Review
Amidst the paradoxical landscape of gender progress and regression, this article explores the intricate intersection of recent legal developments and persistent gender disparities. As the U.S. Supreme Court attains near gender parity, paradoxically, its Dobbs opinion overturns Roe v. Wade, spotlighting the precarious state of reproductive autonomy. Professor Kerri Stone's seminal work, "Panes of the Glass Ceiling," illuminates pervasive gender stereotypes shaping workplace dynamics. Beyond examining stereotyping's legal implications, Stone reveals the "unspoken beliefs" manifesting as distinct "panes" of the glass ceiling. This analysis delves into each pane, underscoring the evolving challenges facing women in contemporary workplaces and offering a …
Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman
Feminist Legal Theory And Stone’S Panes Of The Glass Ceiling, Rona Kaufman
FIU Law Review
This comprehensive analysis, divided into three parts, navigates the intricate tapestry of discrimination against women in the American workplace. Part I elucidates the historical and theoretical foundations, spanning feminist theory evolution, the modern women's movement, and the trajectory of women's labor force participation. In Part II, the discussion delves into the critical insights of Professor Kerri Stone's groundbreaking work, "Panes of the Glass Ceiling," connecting each identified glass pane to feminist theory. Part III introduces a novel perspective by appending a 10th pane to the glass ceiling: Patriarchal Violence. This addition underscores the pervasive impact of gender-based violence on women's …
Beyond The Glass Ceiling: Panes Of Equity Partnership, Rachel Arnow-Richman
Beyond The Glass Ceiling: Panes Of Equity Partnership, Rachel Arnow-Richman
FIU Law Review
This Article, prepared for a “micro-symposium” on Professor Kerri Stone’s monograph Panes of the Glass Ceiling (2022), explores the partnership pay gap in large law firms and the role of high-profile litigation in facilitating pay equity. There is a rich literature and extensive data on the gender attainment gap in elite law firms, particularly with regard to women’s attrition from practice and poor representation within the partnership ranks. Less attention has been paid to the way in which the exceptional women who achieve equity partner status continue to lag behind their male peers. This Article explores “Women v. BigLaw,” a …
Panes/Pains Of Privilege, Jessica L. Roberts
Panes/Pains Of Privilege, Jessica L. Roberts
FIU Law Review
In "Panes of the Glass Ceiling," Kerri Lynn Stone explores how unspoken beliefs rooted in gender stereotypes contribute to workplace inequalities for women. This article, reflecting on Stone's work, discusses how Stone critiques employment discrimination law's inadequacy in addressing these issues and proposes reforms, emphasizing the need for cultural changes beyond legal remedies. The article contextualizes Stone's observations within the framework of privilege, underscoring the invisible nature of privilege in the workplace and advocating for a broader societal shift to dismantle deeply ingrained unspoken beliefs.
Promoting Change In The Face Of Retrenchment, Marcia Mccormick
Promoting Change In The Face Of Retrenchment, Marcia Mccormick
FIU Law Review
This article delves into the challenges of teaching antidiscrimination law and the complexities students face in reconciling legal doctrines with their expectations of justice. It explores the persistent inequalities embedded in wage gaps, labor market segregation, and more, highlighting the transformative potential of addressing stereotypes. Professor Kerry Stone's book, "Panes of the Glass Ceiling," is lauded for unveiling deeply ingrained cultural assumptions, offering tools to challenge them. The article reflects on hidden assumptions exposed in Stone's work and discusses the ideological pushback against education aimed at revealing and dismantling stereotypes. It concludes with a call for a nuanced understanding of …
Panes Of The Glass Ceiling: Introduction, Kerri L. Stone
Panes Of The Glass Ceiling: Introduction, Kerri L. Stone
FIU Law Review
No abstract provided.
Baby Steps: Why The Florida Supreme Court’S New Parental Leave Continuance Rule Reinvigorates The Fmla’S Underlying Gender Equity Goals Within The Legal Profession And Why More States Should Follow Suit, Katie B. Miesner
FIU Law Review
Although women are enrolling in law school and joining the legal profession in significant numbers, law firms are struggling to retain female lawyers. This poses a significant challenge to achieving gender equity at the highest levels of the legal profession, prompting several important questions: Why are women leaving the profession early; what policies or changes should be implemented to address this problem; and who is best suited to lead these efforts? One of the main reasons women leave the profession early is due to their disproportionate caregiving responsibilities. In response, both public and private measures have been introduced to address …
Attorney-Fee Shifting Is The Solution To Slapping Meritless Claims Out Of Federal Court, Gleisy Sopena
Attorney-Fee Shifting Is The Solution To Slapping Meritless Claims Out Of Federal Court, Gleisy Sopena
FIU Law Review
Strategic Lawsuits Against Public Participation (“SLAPPs”) are meritless claims brought against individuals or corporations to silence them for exercising protected speech under the First Amendment. In response to the chilling effects of these SLAPPsuits, State legislatures have enacted anti-SLAPP statutes to quickly dismiss these meritless claims and protect the targets of these suits. These anti-SLAPP statutes have two prominent components: a special motion to dismiss and an attorney fee-shifting provision that is dependent on prevailing on the special motion set forth in the statute. Federal courts sitting in diversity are divided over whether the special motion standards set forth in …
Anti-Asian American Racism, Covid-19, Racism Contested, Humor, And Empathy, Peter H. Huang
Anti-Asian American Racism, Covid-19, Racism Contested, Humor, And Empathy, Peter H. Huang
FIU Law Review
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article critiques respectability politics for being an ineffective response to racism. This Article proposes how to utilize humor to engage non-violent racism. This Article studies how to achieve DEI (Diversity, Equity, and Inclusion) by Empathy Through Personal Perspective Pivoting (ETPPP).
"Blood, Sweat, Tears:" A Muslim Woman Law Professor's View On Degenerative Racism, Misogyny, And (Internal) Islamophobia From Preeclampsia And Presumed Incompetent To Pandemic Tenure, Nadia B. Ahmad
FIU Law Review
From classical literature, popular press, law, everyday conversations, and social media rampages, society scrutinizes visible Muslim women even though they are a part of a vast global population. From E.M. Forrester’s A Passage to India—the Orientalist summer reading I endured in high school—to the incessant online attacks on U.S. Congresswoman Ilhan Omar, the hatred has no end and no bounds. Visible Muslim women are accustomed to erasure and censure for simply existing. In France, legislators sought to expel visible Muslim women under the age of eighteen from the public space. Women’s rights have been used as a pretext to invade …
Zero To Hero: The Unavailability Of Bivens And Why Congress Should Intervene, Amanda Pulido
Zero To Hero: The Unavailability Of Bivens And Why Congress Should Intervene, Amanda Pulido
FIU Law Review
n Bivens, the Supreme Court held that although 42 U.S.C. § 1983 is silent as to its application to federal agents, the plaintiff had an implied cause of action against federal agents for violation of his constitutional rights. Since this decision, the Court has heavily narrowed the implied Bivenscause of action and punted the decision to Congress to codify a cause of action against federal agents. As the law currently stands, plaintiffs must overcome a confusing framework that conflates constitutional merits with whether a cause of action exists, affords extreme deference to executive decisions, and is presumptively unavailable. In June …
The “Ultimate” Question: Are Ultimate Employment Decisions Required To Succeed On A Discrimination Claim Under Section 703(A) Of Title Vii?, Yina Cabrera
FIU Law Review
No abstract provided.
The Road To Bostock, John Towers Rice
Why Transgender Children Should Have The Right To Block Their Own Puberty With Court Authorization, Federica Vergani
Why Transgender Children Should Have The Right To Block Their Own Puberty With Court Authorization, Federica Vergani
FIU Law Review
No abstract provided.
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
FIU Law Review
No abstract provided.
Equal Opportunity, Not Equal Results: Benign Racial Favoritism To Remedy Mere Statistical Disparate Impact Is Never Constitutionally Permissible, Alamea Deedee Bitran
Equal Opportunity, Not Equal Results: Benign Racial Favoritism To Remedy Mere Statistical Disparate Impact Is Never Constitutionally Permissible, Alamea Deedee Bitran
FIU Law Review
No abstract provided.
Coming Out Of The Venire: Sexual Orientation Discrimination And The Peremptory Challenge, Jessica Satinoff
Coming Out Of The Venire: Sexual Orientation Discrimination And The Peremptory Challenge, Jessica Satinoff
FIU Law Review
No abstract provided.