Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law and Gender

The Problems Of Gender Inequality Raised By Unmarried Couples In Liberia, Yah-Yeplah Dolo-Barbu Jul 2015

The Problems Of Gender Inequality Raised By Unmarried Couples In Liberia, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

No abstract provided.


Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal May 2015

Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal

Indiana Journal of Law and Social Equality

This study investigates pay discrimination towards women in the legal field. Recent research has shown that a pay gap does exist in the legal field, and we show that this gap widens throughout the lawyers’ early careers. For our analysis, we focus on the pay differentials between associate level men and women at large private law firms in the United States. The data used in this study is provided by the American Bar Association and is a nationally representative data set following lawyers who began their legal career in 2000. We show that women earn less than their male counterparts …


Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz May 2015

Baker V. Nelson: Flotsam In The Tidal Wave Of Windsor's Wake, David B. Cruz

Indiana Journal of Law and Social Equality

Part I of this Article sketches the virtually unbroken string of pro-marriage decisions in the lower federal and state courts since the U.S. Supreme Court’s 2013 ruling in United States v. Windsor to give a sense of the size and magnitude of this “tidal wave” of precedent. Next, Part II briefly explores some of the reasons that might help account for the flood of litigation and overwhelmingly positive outcomes. Part III tentatively suggests one way this flow of decisions in favor of marriage equality might influence the Supreme Court as it returns to the issue. Part II then at some …


How Opting Out Among Women With Elite Education Contributes To Social Inequality, Joni Hersch May 2015

How Opting Out Among Women With Elite Education Contributes To Social Inequality, Joni Hersch

Indiana Journal of Law and Social Equality

This paper, written for the 2013−2014 Symposium of the Indiana Journal of Law and Social Equality, expands on my research showing that women who are graduates of elite institutions have lower labor market activity than their counterparts who are graduates of non-selective institutions. I provide new statistics on the relation between status of undergraduate institution and family background, likelihood of earning a professional or graduate degree, earnings, and trends in opting out. These data show that the gap in labor market activity on the basis of educational status was largely unchanged between 2003 and 2010 and that graduation from an …


Dangerous Or Just Pregnant? How Sanism & Biases Infect The Dangerousness Determination In The Civil Commitment Of Pregnant Women, Alyson R. Schwartz May 2015

Dangerous Or Just Pregnant? How Sanism & Biases Infect The Dangerousness Determination In The Civil Commitment Of Pregnant Women, Alyson R. Schwartz

Indiana Journal of Law and Social Equality

Sparked by the story of Alicia Beltran, this Note explores state use of civil commitment statutes to police pregnant women suspected of drug use. Civil commitment determinations are already infiltrated by sanism: an irrational prejudice against those with mental disabilities and illnesses expressed through stereotyping and stigmatization similar to that of other prejudices such as racism and sexism. Yet, deficiencies in civil commitment safeguards for pregnant women cannot be explained simply as an issue of sanism, gender oppression, wealth inequality, or racism. Rather, each of these components must be combined to reveal how the interaction of each erodes the constitutional …


State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen Jan 2015

State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Thusi Jan 2015

Policing Sex: The Colonial, Apartheid, And New Democracy Policing Of Sex Work In South Africa, India Thusi

Articles by Maurer Faculty

In Part I of this Article, I discuss the perception that sex work was a “necessary evil” under the Dutch East India Company. In Part II, I discuss British colonial rule and the influence of the Victorian era on the policing of sex work. In Part III, I discuss the Union of South Africa and the mass hysteria following the rise of the “black peril.” Part IV discusses the apartheid era and the impact of the Immorality Act on the policing of sex workers. Part V focuses on the new democratic era and the introduction of the human rights framework. …


The Seductive Power Of Patriarchal Stories, Aviva A. Orenstein Jan 2015

The Seductive Power Of Patriarchal Stories, Aviva A. Orenstein

Articles by Maurer Faculty

This essay develops a theme introduced in Rape and Culture of the Courtroom written by Andrew Taslitz. It examines the cases in which judges allow evidence of the victim’s sexual history and proclivities because, in their estimation, excluding such evidence would violate the constitution (an exception to rape shield in Fed. R. Evid 412). The review of these cases demonstrates the persistent power of patriarchal stories and documents how the constitutional exception sometimes indicates a resistance to the entire enterprise of rape shield. In particular, it focus on Gagne v. Booker, an en banc decision from the Sixth Circuit, …


Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen Jan 2015

Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.