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Full-Text Articles in Law and Gender
Real Men, Luke A. Boso
Real Men, Luke A. Boso
Luke A. Boso
Men experience discrimination every day at work and at school because they fail to look or behave like real men. Most courts now hold that men can prove sex discrimination by presenting evidence that the defendant harassed or bullied the plaintiff because he fails to conform to sex stereotypes. But judges in these cases are reluctant to find that defendants intended to discriminate “because of sex,” which is required to state a valid claim under statutory anti-discrimination law. Instead, judges routinely grant defendants’ motions for summary judgment and to dismiss based on little more than their own ideas about what …
Legal Limbo Of The Student Intern: The Responsibility Of Colleges And Universities To Protect Student Interns Against Sexual Harassment, Cynthia Bowman, Marybeth Lipp
Legal Limbo Of The Student Intern: The Responsibility Of Colleges And Universities To Protect Student Interns Against Sexual Harassment, Cynthia Bowman, Marybeth Lipp
Cynthia Grant Bowman
No abstract provided.
Policing Masculinity In Small-Town America, Luke A. Boso
Policing Masculinity In Small-Town America, Luke A. Boso
Luke A. Boso
This Article explores masculinity in rural areas, and it addresses bullying and harassment of gay, bisexual, transgender, and otherwise gender non-conforming boys and men. While all men are under constant pressure to perform masculinity correctly and act like a "real" man, rural boys and men experience unique forms and degrees of gender policing and victimization. The confluence of geographic, social, religious, and economic characteristics common in many rural areas results in few available options for exhibiting acceptable masculinity; even benign and seemingly gender neutral traits quickly become proxies for effeminacy. Moreover, the cultural salience of rurality in the construction of …
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Luke A. Boso
Society tends to treat a person's sexual orientation and intimate preferences as if those concepts are static and immutable. People regularly divide themselves into binary gay and straight categories, and similarly seek masculine or feminine qualities in an appropriately sexed person. These intimate preferences occupy a uniquely private position in society, and the characteristics to which people claim attraction are thought so personal as to be sacred. In turn, we resist characterizing our intimate preferences as discrimination despite the tangible harms that befall those who are disproportionately excluded from romantic opportunities. But individual discriminatory intimate practices do not necessarily imply …
Harassment Of Female Farmworkers - Can The Legal System Help?, Maria Ontiveros
Harassment Of Female Farmworkers - Can The Legal System Help?, Maria Ontiveros
Maria L. Ontiveros
This paper provides an in depth and highly textured description of "sexual harassment" as experienced by female farmworkers in California. It explains how the harassment is affected by the extremity of the consequences she faces if she does not comply with the harassment; the structural difficulties in the reporting of and response to these incidents of sexual harassment; the sexualization of migrant women; the cultural factors that influence the harassment; and the fluidity of her workplace. It then critiques both current legal doctrine and current feminist theories of sexual harassment as inadequate to address these workers' concerns. It suggests an …