Law and Gender Commons^™

Keepin' It "Real": Israel's Segregation Of Transgender Prisoners And The Transgender/Cisgender Binary, Lihi Yona

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

World Cup Dreaming: Sporting Activism And The Incrementalist Advancement Of Sexual Equality Through Association Football, Richard J. Peltz-Steele, Jose A. Benavides

West Virginia Law Review

No abstract provided.

Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian

Articles in Law Reviews & Other Academic Journals

In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …

Esterilizaciones Forzadas: Estándares Internacionales De Responsabilidad Estatal En Derechos Humanos, Beatriz Ramirez

Beatriz Ramirez

Law Is Not Enough, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

In 1995, the United Nations reported “in no society today do women enjoy the same opportunities as men.” The condition and status of women worldwide was one of social, political, educational, legal, and economic inequality. Ten years later, women's economic disparities persist. In Gender Injustice: An International Comparative Analysis of Equality in Employment, Dr. Anne-Marie Mooney Cotter focuses on women's global inequality in employment. The book's in-depth examination of women's second-class, subordinated status in the workplace around the world provides invaluable insights into the complexities of gender inequality.

Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as non-Latina women …

Building Bridges V—Cubans Without Borders: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol

Berta E. Hernández-Truyol

Part I of this Essay traces the role of women in Cuban society throughout history. It includes a review of the development of Cuban laws concerning women, and women's role in developing them. This Part also addresses laws pertaining to women that were adopted by the present revolutionary regime. Part II sets out laws, beyond the laws of Cuba, that address the issue of gender/sex equality. It focuses on international norms that protect sex equality pertinent to women in Cuba as well as to Cuban women outside of Cuba. It also reviews U.S. laws on equality as they affect Cuban …

Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd

Nancy Dowd

This article critiques the Supreme Court's negative, stereotypic views of fatherhood, especially unmarried fatherhood, and argues that the Court should reconsider and refine its definition of fatherhood around nurture. The corrective for the Court's current view is not to revert to a status-based definition of fatherhood, but rather to reinforce and recast its prior fathers' rights decisions to establish a definition grounded on relationship and care. What should be discarded are outdated stereotypes about men as incapable, incompetent caregivers, as well as patriarchal norms of status and ownership based in genetic and economic fatherhood recognized exclusively within marriage. Instead, fatherhood …

Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …

Faith Doesn't Justify Discrimination Against Women, Eric Segall

Eric J. Segall

No abstract provided.

The Reed Case: The Seed For Equal Protection From Sex-Based Discrimination, Or Polite Judicial Hedging?, John P. Murphy Jr.

Akron Law Review

Reed is yet another example of how the Equal Protection Clause may be used to strike down state statutes which embody arbitrary classifications that are neither fairly nor substantially related to the object of the statute, and which bring about the invidious discrimination that is repugnant to the Fourteenth Amendment. It must stressed that the outcome of Reed is clearly commendable in terms of justice. What is troublesome is the fact that one may contend that the Supreme Court hedged, perhaps avoided, an excellent opportunity in which to expand the constitutional scope of the Equal Protection Clause. Reed afforded the …

Against Marriage Equality, June R. Carbone, Naomi Cahn

June R Carbone

Marriage once rested on three overlapping systems of legal inequality. The first elevated men over women as heads of households, entrusting them with decision-making authority and duties of support. The second restricted access to marriage on the basis of race and sexual orientation. The third privileged marital intimate unions over nonmarital ones, reserving societal support for the former while stigmatizing and criminalizing the latter. Marriage law has now changed to recognize the equal status of men and women in managing family finances and assuming responsibility for children. With the Supreme Court’s opinion in Obergefell, same-sex couples, like interracial couples …

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, L. Camille Hebert

L. Camille Hebert

There has been a good deal of attention focused recently on questions concerning how employers are allowed to treat pregnant women in the workplace under Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission has issued revised guidance addressing issues of pregnancy, including the requirements imposed by Title VII with respect to the accommodation of disabling conditions experienced by women who are pregnant or who have recently given birth. And the United States Supreme Court has recently decided a case, Young v. United Parcel Service, Inc., which addresses the circumstances under which an employer will …

Standing; Assertion Of Jus Tertii; Sex Discrimination; Equal Protection; Twenty-First Amendment; Craig V. Boren, Anthony Sadowski

Akron Law Review

"A PPELLANTS brought an action in the United States District Court for the Western District of Oklahoma seeking declaratory and injunctive relief. The complaint charged that the operation of two Oklahoma statutes, which prohibited the sale of 3.2% beer to males under the age of 21 while allowing females over the age of 18 to purchase the commodity, violated the fourteenth amendment to the Federal Constitution. The three-judge court held that the gender-based classification did not violate the equal protection clause. In Craig v. Boren, on direct appeal, the United States Supreme Court reversed, finding that the gender-based classification could …

Gender Injustice, Francine Sherman

Francine T. Sherman

Equal Protection; Sex Discrimination; Veterans' Preference Statutes, Feeney V. Massachusetts, Eloise Taylor

Akron Law Review

"Historically, the armed services have been predominantly male. The result has been that the operation of veterans' preferences has placed women as a class at a particular disadvantage in comparison to men when in or entering into civil service.' To nullify this stigma, the first successful challenge to veterans' preference, Feeney v. Massachusetts,' was litigated."