Law and Gender Commons^™

Gender And Corporate Crime: Do Women On The Board Of Directors Reduce Corporate Bad Behavior?, Ido Baum, Dalit Gafni, Ruthy Lowenstein Lazar

Michigan Journal of Gender & Law

Public debate on mandating gender representation on boards of directors in the United States is close to a boiling point. California introduced a mandatory quota in 2018 only to see it constitutionally disqualified in 2022, and the Nasdaq Stock Market followed suit with new diversity rules in 2021 for all corporations listed on the exchange. While public discourse focuses on corporate performance, not much is known about the link between gender diversity and corporate normative obedience.

In this study we explore the relationship between boardroom gender representation and corporate compliance with the law. We examine the impact of gender diversity …

How Survivors Of Domestic Violence Seek Legal And Social Support Against Their Abusers In Ahmednagar District Of Maharashtra State In India: An Exploratory Study, Jonathan Israel

Independent Study Project (ISP) Collection

This exploratory study sought to gather detailed information about women’s experiences surviving and rehabilitating from domestic violence. This information was used to identify factors that encourage survivors to stay in their relationships and factors that enable them to seek legal and social support against their abusive partners. Qualitative data was gathered through a series of in-depth interviews and panel discussions with survivors of domestic violence in Ahmednagar, Maharashtra (India). This data was analyzed with guidance from Indian feminist theory, local professionals, and contributing research mentors. Further examination of national survey data, past research on domestic violence in Indian contexts, and …

Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker

Dignity: A Journal of Analysis of Exploitation and Violence

Legal, court, and criminal justice professionals regularly navigate court procedures and processes through online portals. They know where to locate applicable court rules, such as a specific section on a court website or a departmental contact. However, these tasks can be extremely daunting for laypersons seeking court assistance, especially for victims of violence who have limited time away from the abuser. To determine how state judicial branches make information available about protective order procedures and general information to a layperson, especially to victims of intimate partner violence, this study assessed court websites of five states where intimate partner violence (IPV) …

Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate

St. Mary's Law Journal

Abstract forthcoming.

Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel

Senior Honors Projects, 2020-current

Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …

Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.

First, this comment traces the history of the recognition of transgender people and transgender rights …

Is Using Preferred Gender Pronouns Important In The Courtroom?, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

In relation to the Farmer v. Brennan, a case discussed in this blog, it is important to note that triggering language is used in the opinion, as the incorrect pronouns are used to refer to the petitioner throughout.

The use of proper gender pronouns is important to nearly every person in the world. In all cases, proper and preferred gender pronouns are the same. It is respectful and expected to use a person’s preferred pronouns e.g., the proper term for the person. Whether you are part of the LGBTQ+ community or not, the use of proper gender pronouns is only …

#Wetoo, Kimberly Kessler Ferzan

All Faculty Scholarship

The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in …

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …

‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer

Dignity: A Journal of Analysis of Exploitation and Violence

Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may lead to the murder of …

Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams

Book Chapters

Combining analyses of feminist legal theory, legal doctrine and feminist social movements, this Handbook offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. It connects legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinizes criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent …

Re-Thinking Strategy After Roe, David S. Cohen, Greer Donley, Rachel Rebouché

Articles

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturns nearly fifty years of precedent and radically changes abortion law, throwing both sides of the debate into uncharted territory. This essay, published in the immediate aftermath of Dobbs, offers some initial thoughts about what the changed legal landscape means for abortion rights legal advocacy. Our focus in recent writings has been to identify concrete measures federal and state actors can take to secure abortion access after Dobbs. Here, we investigate a more overarching concern: what fundamental values and strategies should govern the abortion rights movement going …

The New Abortion Battleground, David S. Cohen, Greer Donley, Rachel Rebouché

Articles

This Article examines the paradigm shift that is occurring now that the Supreme Court has overturned Roe v. Wade. Returning abortion law to the states has spawned perplexing legal conflicts across state borders and between states and the federal government. This article emphasizes how these issues intersect with innovations in the delivery of abortion, which can now occur entirely online and transcend state boundaries. The interjurisdictional abortion wars are coming, and this Article is the first to provide the roadmap for the immediate aftermath of Roe’s reversal and what lies ahead.

Judges and scholars, and most recently the Supreme …

Theory Matters—And Ten More Things I Learned From Martha Chamallas About Feminism, Law, And Gender, Deborah L. Brake

Articles

This Festschrift article celebrates the scholarship of Martha Chamallas, Distinguished University Professor and Robert J. Lynn Chair in Law Emeritus of the Ohio State University Moritz College of Law, and one of the most impactful scholars of feminist legal theory and employment discrimination of her generation. Mining the insights of Chamallas’s body of work, the article identifies ten core “lessons” relating to feminism and law drawn from her scholarship and academic career. It then weaves in summaries and synthesis of her published works with discussion of subsequent legal and social developments since their publication. These lessons (e.g., feminism is plural; …

The Social Psychology Of Inclusion: How Diversity Framing Shapes Outcomes For Racial-Ethnic Minorities, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Research on the efficacy of organizational diversity efforts has yielded mixed results. It remains unclear when positive or negative outcomes should be expected, and why. This article fills a gap in the sociological literature by examining critical social psychological mechanisms. In Experiment 1, I found that common diversity messaging led to increased bias towards racial minorities. In Experiment 2, I examined how alternative framing may influence these outcomes. Findings revealed that the common “business case” emphasizing profit and performance gains made decision-makers less likely to select a Black job candidate than emphasizing civil rights law. I then examined social psychological …