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

Law and Gender Commons

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

4,766 Full-Text Articles 3,312 Authors 2,307,786 Downloads 162 Institutions

All Articles in Law and Gender

Faceted Search

4,766 full-text articles. Page 2 of 122.

Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy, Linda Morton 2018 University of Maine School of Law

Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy, Linda Morton

Maine Law Review

There exists a historic conflict between the more traditional Langdellian philosophy of legal education, and the experiential philosophy of apprenticeship programs, now known as field placement programs. The conflict is most recently apparent in the American Bar Association's (ABA) attempts to impose a more traditional classroom format on field placement programs through its regulations, guidelines, and instructions pertaining to law school accreditation. The ABA argues that law schools need to allocate greater instructional resources toward their field placement programs, particularly programs that provide more than one-half a semester's credit. Such programs should include a classroom component that meets ...


When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner 2018 University of Arkansas at Little Rock William H. Bowen School of Law

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...


From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School of Law 2018 Roger Williams University

From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz 2018 Syracuse University

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted 2018 University of Oklahoma College of Law

Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted

Michigan Journal of Gender and Law

The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative ...


Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant 2018 University of Michigan Law School

Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant

Michigan Journal of Gender and Law

The Education Amendments of 1972 introduced requirements to protect female students from discriminatory policies at post-secondary institutions. A portion of those amendments, commonly known as Title IX, require that no students be subjected to discrimination based on their sex by any educational institution or activity receiving federal financial assistance. An exemption under § 1681(a)(4), however, explicitly prohibits application of Title IX to any educational institution whose primary purpose is to train individuals for military service or the merchant marine. Although those students are still subject to stringent conduct standards, the service academies themselves are tethered to sex discrimination policies ...


Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen 2018 University of Michigan Law School

Informing Consent: Medical Malpractice And The Criminalization Of Pregnancy, Laura Beth Cohen

Michigan Law Review

Since the early 1990s, jurisdictions around the country have been using civil child abuse laws to penalize women for using illicit drugs during their pregnancies. Using civil child abuse laws in this way infringes on pregnant women’s civil rights and deters them from seeking prenatal care. Child Protective Services agencies are key players in this system. Women often become entangled with the Child Protective Services system through their health care providers. Providers will drug test pregnant women without first alerting them to the potential negative consequences stemming from a positive drug test. Doing so is a breach of these ...


Medico-Legal Collaboration Regarding The Sex Offender: Othering And Resistance, Mary Lay Schuster, Brian Larson, Amy D. Propen 2018 University of Minnesota - Twin Cities

Medico-Legal Collaboration Regarding The Sex Offender: Othering And Resistance, Mary Lay Schuster, Brian Larson, Amy D. Propen

Brian Larson

We examined medico-legal collaboration regarding dangerous sex offenders where state legislators have adopted statutes that determine the criteria for commitment to and discharge from civil commitment programs. The application of these statutes relies on medical diagnoses of pathologies such as paraphilia, anti-social personality disorder, and pedophilia along with prognoses for cure or recidivism. In our study, we examined court opinions from commitment hearings and observed a trial in federal court on the constitutionality of these commitments. We found that one result of this medico-legal collaboration is the marginalization or othering of sex offenders by essentializing, dividing, shaming, and impeaching them ...


Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger 2018 Notre Dame Law School

Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger

Journal of Legislation

No abstract provided.


Fourth Southeastern Conference Women And The Law Program, 2018 University of North Florida

Fourth Southeastern Conference Women And The Law Program

Saffy Collection Textual

Conference on Women and the Law. Circa 1975-1980. Box 25, Folder 7


Membership Flyer: North Florida Abortion Rights Action League, 2018 University of North Florida

Membership Flyer: North Florida Abortion Rights Action League

Saffy Collection Textual

Membership flyer from the North Florida Abortion Rights Action League. November-December, 1980. Volume 2, Edition 5. Box 25, Folder 11.


The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich 2018 Cleveland-Marshall College of Law, Cleveland State University

The Heat Of Passion And Blameworthy Reasons To Be Angry, Jonathan Witmer-Rich

Law Faculty Articles and Essays

This article seeks to resolve a longstanding conceptual puzzle plaguing the "heat of passion" doctrine--how courts should determine which features, beliefs, or characteristics of a defendant are properly relevant to assessing whether the defendant was sufficiently provoked, and which of those features should be disregarded. This article argues that provocation is not adequate if the reason the defendant became extremely angry is due to some blameworthy belief or attribute of the defendant. A belief is blameworthy if it contradicts the fundamental values of the political community. The blameworthiness principle distinguishes those aspects of the defendant that cannot form a basis ...


The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw 2018 Western Kentucky University

The Solid South: The Suffrage Campaign Revisited, Abby Lorraine Crenshaw

Masters Theses & Specialist Projects

This examination of the southern suffrage campaign focuses the movement through the eyes of three prominent southern women within the political movement: Kate Gordon, Sue Shelton White, and Josephine Pearson. The merged National American Woman Suffrage Association (NAWSA) planned and organized a focus on the South during the second half of the suffrage campaign, which presented new challenges. The Nineteenth Amendment passed through Congress in 1918 and consequently set the stage for a raging political battle between suffragists and anti-suffragists. The suffrage campaign prompted women to question how the political platform of suffrage should be addressed. Women argued over the ...


The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen 2018 University of Helsinki

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal on Sexual Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.


Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees Of Educational Institutions To Bypass Title Vii And Bring Claims Under Title Ix In Doe V. Mercy Catholic Medical Center, Lauren Stewart 2018 Boston College Law School

Circumventing Congress's Comprehensive Schemes: The Third Circuit Allows Employees Of Educational Institutions To Bypass Title Vii And Bring Claims Under Title Ix In Doe V. Mercy Catholic Medical Center, Lauren Stewart

Boston College Law Review

Five of the U.S. Courts of Appeals are currently split as to whether employees bringing claims of sex-based employment discrimination are able to use either Title VII or Title IX of the Civil Rights Act as avenues of relief where both statutes are concurrently applicable. On March 3, 2017, the U.S. Court of Appeals for the Third Circuit, in Doe v. Mercy Catholic Medical Center, became the most recent circuit to address this issue. Joining the First and Fourth Circuits, the Third Circuit held that the concurrent applicability of Title VII and Title IX did not preclude the ...


Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga 2018 Concordia University School of Law

Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga

Joseph Isanga

This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that ...


Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga 2018 Concordia University School of Law

Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga

Joseph Isanga

This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]


Title Vii Is Not The Only Cure For Employment Discrimination: The Implications Of Doe V. Mercy Catholic Medical Center In Expanding Claims For Medical Residents Under Title Ix, Amy-Lee Goodman 2018 Boston College Law School

Title Vii Is Not The Only Cure For Employment Discrimination: The Implications Of Doe V. Mercy Catholic Medical Center In Expanding Claims For Medical Residents Under Title Ix, Amy-Lee Goodman

Boston College Law Review

In March 2017, in Doe v. Mercy Catholic Medical Center, the United States Court of Appeals for the Third Circuit established that medical residents, who function as both students and as employees of a hospital, could bring private causes of action for sex discrimination under Title IX of the Education Amendments of 1972. This ruling revived a long-standing split amongst the Circuits, with the Third Circuit parting company from the Fifth and Seventh Circuits and aligning with the First and Fourth Circuits, which hold Title VII’s carefully crafted administrative remedial procedure does not pre-empt claims under Title IX. This ...


The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera 2018 College of William & Mary Law School

The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera

William & Mary Journal of Women and the Law

No abstract provided.


The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg 2018 College of William & Mary Law School

The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg

William & Mary Journal of Women and the Law

No abstract provided.


Digital Commons powered by bepress