Law and Gender Commons^™

Foreword, Caroline Faye Radell, Udhanth Mallasani

Northwestern Law Journal des Refusés

No abstract provided.

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …

Gaps In Our National Security: How The Lack Of Female Leadership Impacts Our Nation’S Success And Safety, Maggie Sullivan

Cleveland State Law Review

Gender inequality in the workplace is an ever-evolving discussion. One aspect of gender inequality that is frequently overlooked is the leadership gap—the lack of representation of women in the top positions of their respective careers. Research demonstrates that the leadership gap is particularly pronounced in the legal field. This Article analyzes the factors within the legal field that perpetuate the leadership gap and examines the unique, confounding qualities of careers in national security to illustrate an exacerbated problem of inequality for women lawyers in national security. The lack of adequate diversity in people working in—and leading—the national-security field has been …

Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi

An-Najah University Journal for Research - B (Humanities)

The presence of women as workers in workplaces has become an important and essential requirement for increasing the development of countries and a feature that characterizes modern societies. However, the diminishing of her rights and the discrimination directed against her sometimes prompted the local and international community to impose legal texts in the field of work aimed at equality between the sexes, and to provide special protection for women in terms of times and quality of work, taking into account women’s privacy, by prohibiting their employment in some jobs and granting them special leaves and preventing their dismissal during pregnancy …

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …

Labor Pains: The Inadequacies Of Current Federal Pregnancy Laws And The Alternative Routes To Accommodation, Sara Alexander

Mississippi College Law Review

Although many women are able to work through their pregnancies without employer accommodations, some pregnant workers who require accommodations "are forced out of their jobs unnecessarily when minor adjustments would enable them to keep working." In 2003, a hardware assembler in Ohio was terminated after her doctor limited her weight-lifting to twenty pounds and ordered that she work no more than eight hours at a time. In 2009, a retail worker in Kansas was fired because she needed to keep a water bottle with her in order to stay hydrated and prevent bladder infections. In 2011, an activity director at …

Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz

Washington Journal of Social & Environmental Justice

No abstract provided.

Forced To Bear The Burden And Now The Children: The Dobbs Decision And Environmental Justice Communities, Mia Petrucci

Washington Journal of Social & Environmental Justice

No abstract provided.

A Legacy Of Feminism And Advocacy: An Interview With Dr. Lenore Walker, Brandi Diaz

Trauma Counseling and Resilience

Dr. Lenore Walker is a pioneer in feminism and trauma counseling. Her contribution to these fields is vast, including topics of gender violence, battered woman syndrome, child abuse and trauma, false confessions of battered women, sex and human trafficking, and psychology and the law. Her theories and conceptualizations have shaped how providers approach trauma-informed care and the assessment of trauma survivors. Moreover, her work has spanned a variety of functions such as a clinician, researcher, educator, advocate, leader, consultant, and mentor. For the purposes of this article, Dr. Walker engaged in an interview to discuss her career, contributions, legacy, and …

A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik

UMKC Law Review

Judith Resnik shares an overview of the Women in Legal Education Section of the AALS during the 1980s and 1990s when she became involved in coordinating various activities of the Section, and then Chair. The Article also discusses the importance of documenting and archiving the activities and history of women in legal education.

The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern

Journal of Collective Bargaining in the Academy

The Persistence of Separate and Unequal:

Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity

ABSTRACT

For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …

“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry

Cleveland State Law Review

On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …

My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner

Brooklyn Law Review

In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …

Rereading Pico And The Equal Protection Clause, Johany G. Dubon

Fordham Law Review

More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …

Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani

The Indonesian Journal of Socio-Legal Studies

Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments …

Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller

Nevada Law Journal

A significant legal backlash against transgender individuals is currently under way. This movement--which includes state legislation, state executive action, and federal cases--seeks to limit access and participation by transgender individuals in school sports, use of bathrooms, access to appropriate care, and even the right to be addressed appropriately in the classroom. Properly understood as a political backlash in response to previous political gains by transgender individuals, this movement is composed of a series of speech acts: language that makes change in the world and alters human relations. This article identifies the features of the backlash and the power dynamics that …

The Kids Are Not Alright: Negative Consequences Of Student Device And Account Surveillance, Ashley Peterson

Washington Law Review

In recent years, student surveillance has rapidly grown. As schools have experimented with new technologies, transitioned to remote and hybrid instruction, and faced pressure to protect student safety, they have increased surveillance of school accounts and school-issued devices. School surveillance extends beyond school premises to monitor student activities that occur off-campus. It reaches students’ most intimate data and spaces, including things students likely believe are private: internet searches, emails, and messages. This Comment focuses on the problems associated with off-campus surveillance of school accounts and school-issued devices, including chilling effects that fundamentally alter student behavior, reinforcement of the school-to-prison pipeline, …

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Washington Law Review

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …

Voting While Trans: How Voter Id Laws Unconstitutionally Compel The Speech Of Trans Voters, Emmy Maluf

Michigan Law Review

Thirty-five states currently request or require identification documents for in-person voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter’s gender presentation, the voter may be disenfranchised—either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not …

Pay Differences In The Absence Of Discrimination: Legislative Fallacies And Statistical Truths, Allan G. King, Stephen G. Bronars

Journal of Legislation

No abstract provided.

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney

Seattle University Law Review

Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.

Table Of Contents

Seattle University Law Review

Table of Contents

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …

Same Crime, Different Time: Sentencing Disparities In The Deep South & A Path Forward Under The Fourteenth Amendment, Hailey M. Donovan

Seattle University Law Review

The United States has the highest incarceration rate of any country in the world. The American obsession with crime and punishment can be tracked over the last half-century, as the nation’s incarceration rate has risen astronomically. Since 1970, the number of incarcerated people in the United States has increased more than sevenfold to over 2.3 million, outpacing both crime and population growth considerably. While the rise itself is undoubtedly bleak, a more troubling truth lies just below the surface. Not all states contribute equally to American mass incarceration. Rather, states have vastly different incarceration rates. Unlike at the federal level, …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …