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Tribute To Professor Deborah Waire Post, Paula C. Johnson 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, Phoebe Haddon 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, Margaret Barry 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, Anita L. Allen 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, Deborah W. Post 2019 Touro Law Center

Introduction, Deborah W. Post

Journal of Race, Gender, and Ethnicity

No abstract provided.


Hushing Contracts, David A. Hoffman, Eric Lampmann 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, Richard A. Primus 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, Theanne Liu 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, Bridget L. Murphy 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 ...


Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond 2019 University of Massachusetts, Amherst

Immunity Incorporated: All The Injustice That Jeffrey Epstein Can Buy, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Janet Halley And The Art Of Status Quo Maintenance, Lama Abu-Odeh 2019 Georgetown University Law Center

Janet Halley And The Art Of Status Quo Maintenance, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Over the past few years, Janet Halley emerged as one of the most avid critics of campus rape feminist activists, activists who push for the reformulation of university investigative rules to shift the burden of proof from the accuser to the accused. Halley contends that Title IX policies, embedded with affirmative consent, are not only procedurally unsound, but bad for boys, bad for sex, and bad for feminism, charging its agenda with “radical feminism” influences. Halley’s stance on campus rape is consistent with her long-held “queer theory” and its anti-feminist deregulatory drive. In this article, I argue that Halley ...


Views On Prostitution, Shulamit Almog, Ariel L. Bendor 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, Douglas M. Branson 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 ...


Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg 2019 University of California, Hastings College of the Law

Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg

Hastings Women’s Law Journal

Hazing has been a persistent issue in a variety of contexts, institutions, and organizations. In forty-four states, legislatures have passed anti-hazing statutes. However, the law, as a whole, has been insufficient to curtail hazing. This Article analyzes this phenomenon by looking through the lens of historically white-predominant sororities. Among the broad range of organizational dynamic, at play are the pervasive cognitive biases among members. Further, sororities face many challenges to integrating new and better information across the membership. Lastly, the Article analyzes a range of organizational dynamics that play a role in sorority members’ collective decision-making processes.


Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera 2019 University of California, Hastings College of the Law

Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera

Hastings Women’s Law Journal

In vitro fertilization (IVF) is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. Through the IVF process, couples and individuals alike can have preembryos created and cryo-preserved for later use. To those who go through the IVF process or are considering doing so, the pre-embryos represent many things, such as hope, flexibility in family planning, and the possibility of a child. It is estimated that over 5 million babies have been born through IVF worldwide, with as many as 620,000 cryo-preserved embryos in the United States alone ...


A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski 2019 University of California, Hastings College of the Law

A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski

Hastings Women’s Law Journal

According to new research, one in five pregnant women in the United States take some form of opioid during pregnancy, and one in twenty are addicted to opioid medications. In response, the government has increased their attempts to regulate pregnant women’s conduct in order to protect the health of unborn children. Opioid dependent mothers often find themselves subject to being reported to Child Protective Services by doctors and hospital staff for ingesting drugs while pregnant. Individuals’ in substance abuse treatment, including pregnant mothers receiving opioid replacement therapy, are protected from discrimination under the Americans with Disabilities Act. However, mothers ...


Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh 2019 University of California, Hastings College of the Law

Corrective Rape: An Extreme Manifestation Of Discrimination And The State’S Complicity In Sexual Violence, Sarah Doan-Minh

Hastings Women’s Law Journal

Corrective rape originally referred to rape perpetrated by straight men against lesbians in order to “correct” or “cure” their homosexuality—a punishment for being gay and for violating traditional gender presentation. The term is now used more broadly to refer to the rape of any member of a group that does not conform to gender norms or heterosexuality when the motive of the perpetrator is to “correct” the individual. In the United States, the actual causes of corrective rape are usually ignored or de-emphasized, thereby perpetuating the rates of sexual violence. Sexual violence is often framed in terms of personal ...


Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions, Valentina Okaru-Bisant 2019 American University Washington College of Law

Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions, Valentina Okaru-Bisant

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds, Alicia Martinez 2019 American University Washington College of Law

Following The Fifth Circuit: Title Vii As The Sole Remedy For Employment Discrimination On The Basis Of Sex In Educational Institutions Receiving Federal Funds, Alicia Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty 2018 James Cook University, Cairns, Australia

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for ...


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