Cornell Law School
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NYU Leonard N. Stern School of Business
Florida A&M University College of Law
"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave",
2019
Fordham University School of Law
"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave", R.A. Lenhardt, Kimani Paul-Emile
Fordham Law Review Online
In 1982, African American feminists, writers, and educators Gloria T. Hull, Patricia Bell Scott, and Barbara Smith co-edited a foundational volume of essays designed to map a program for African American women’s studies and research on issues ranging from racial bias and sexism, to homophobia entitled: “All the Women Are White, All the Blacks are Men, But Some of Us Are Brave.” We reflected on that volume when we accepted the Fordham Law Review’s invitation to take part in its Online symposium honoring 100 years of women at Fordham Law School.
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline,
2019
Fordham University School of Law
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Fordham Law Review Online
Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest ...
100 Years Of Women At Fordham: A Foreword And Reflection,
2019
Fordham University School of Law
100 Years Of Women At Fordham: A Foreword And Reflection, Elizabeth B. Cooper
Fordham Law Review Online
As we reflect back on 100 Years of Women at Fordham Law School, we have much to celebrate. In contrast to the eight women who joined 312 men at the Law School in 1918—or 2.6 percent of the class—women have constituted approximately 50 percent of our matriculants for decades. Life for women at the Law School has come a long way in more than just numbers. For example, in 1932, the Law School recorded the first known practice of “Ladies’ Day,” a day on which some professors would call on women, who otherwise were expected to be ...
Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women,
2019
Texas A&M University School of Law
Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw
Texas A&M Law Review
For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and ...
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes,
2019
SJ Quinney College of Law, University of Utah
#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer
Utah Law Review
This Article illustrates how movements for increased equality between men and women can fail to meet their stated goals. Using the example of statutory rape laws, this Article explains how the legislative shift from gender-specific to gender-neutral terminology, brought on in part by feminists seeking an egalitarian society, has failed to achieve the goal of increasing equality between males and females and, in many ways, led to a return to the historical paradigm of girls as both powerless and property.
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors,
2019
University of Massachusetts, Amherst
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
Extending The Sex-Plus Discrimination Doctrine To Age Discrimination Claims Involving Multiple Discriminatory Motives,
2019
Texas State University
Extending The Sex-Plus Discrimination Doctrine To Age Discrimination Claims Involving Multiple Discriminatory Motives, Marc Chase Mcallister
Boston College Law Review
Federal employment discrimination statutes make it unlawful to discriminate against employees on the basis of certain protected characteristics, including race, color, religion, national origin, sex, disability, and age. Under Title VII of the Civil Rights Act of 1964, an employer may not discriminate against an employee based on a combination of two protected traits, such as race and sex. Nevertheless, these claims—which this Article refers to as multiple-motive claims—tend to fail when one of the protected traits is age. Whether brought under Title VII or under the Age Discrimination in Employment Act of 1967 (ADEA), this Article argues ...
Marriage Equality Comes To The Fourth Circuit,
2019
University of Richmond School of Law
Marriage Equality Comes To The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit ...
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Tribute To Professor Deborah Waire Post,
2019
Touro College Jacob D. Fuchsberg Law Center
Tribute To Professor Deborah Waire Post, Paula C. Johnson
Journal of Race, Gender, and Ethnicity
No abstract provided.
Northeast Corridor,
2019
Touro College Jacob D. Fuchsberg Law Center
Northeast Corridor, Phoebe Haddon
Journal of Race, Gender, and Ethnicity
No abstract provided.
On The Occasion Of Deborah Post’S Retirement,
2019
Touro College Jacob D. Fuchsberg Law Center
On The Occasion Of Deborah Post’S Retirement, Margaret Barry
Journal of Race, Gender, and Ethnicity
No abstract provided.
Nepoc And The Northeast Corridor Collective Of Black Women Law Professors,
2019
Touro College Jacob D. Fuchsberg Law Center
Nepoc And The Northeast Corridor Collective Of Black Women Law Professors, Anita L. Allen
Journal of Race, Gender, and Ethnicity
No abstract provided.
Introduction,
2019
Touro Law Center
Introduction, Deborah W. Post
Journal of Race, Gender, and Ethnicity
No abstract provided.
Hushing Contracts,
2019
University of Pennsylvania Law School
Hushing Contracts, David A. Hoffman, Eric Lampmann
Faculty Scholarship at Penn Law
The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy ...
Second Redemption, Third Reconstruction,
2019
University of Michigan Law School
Second Redemption, Third Reconstruction, Richard A. Primus
Articles
In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of ...
Ethnic Studies As Antisubordination Education: A Critical Race Theory Approach To Employment Discrimination Remedies,
2019
Washington University School of Law, George Warren Brown School of Social Work
Ethnic Studies As Antisubordination Education: A Critical Race Theory Approach To Employment Discrimination Remedies, Theanne Liu
Washington University Jurisprudence Review
This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (“EEO”), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law. A restrictive view of antidiscrimination law treats discrimination as an individual instead of structural or societal wrong and looks to addressing future acts of discrimination instead of redressing past and present injustices. An expansive view of antidiscrimination law sees its objective as eradicating conditions of racial subordination. Ethnic ...
The Equal Rights Amendment Revisited,
2019
Notre Dame Law School
The Equal Rights Amendment Revisited, Bridget L. Murphy
Notre Dame Law Review
This Note proceeds in three Parts. Part One chronicles the history of the Equal Rights Amendment, from the original attempt at passage through the various reiterations thereafter. Part Two describes the legal background, including constitutional and legislative protection against discrimination on the basis of sex. Part Three of this Note then demonstrates that a faithful understanding of the existing constitutional and legislative protections reveals inherent weaknesses. Specifically, the original understanding of the Fourteenth Amendment did not contemplate protection from sex-based discrimination, and the word “sex” as a prohibited basis for discrimination in Title VII was added as a last-minute attempt ...
Views On Prostitution,
2019
University of California, Hastings College of the Law
Views On Prostitution, Shulamit Almog, Ariel L. Bendor
Hastings Women’s Law Journal
The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views ...
Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance,
2019
University of California, Hastings College of the Law
Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson
Hastings Women’s Law Journal
The tech industry accounts for twenty-one percent of our gross national product. Yet, tech is the most backward of major U.S. industries when it comes to promoting women to leadership positions or positioning them for future ascension into executive positions. Even lower down in the ranks, the number of women tech companies employ has declined from thirtyseven percent of employees in 1995 to twenty-four percent today (2016), with prognostications that the number will decline further, to twenty-two percent or lower in the next decade. As revealed in compensation tables that companies file with the Securities and Exchange Commission, women ...
