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

Law and Gender Commons

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

6,593 Full-Text Articles 4,600 Authors 2,972,005 Downloads 198 Institutions

All Articles in Law and Gender

Faceted Search

6,593 full-text articles. Page 4 of 175.

Under Ten Eyes, Anthony Michael Kreis 2020 Chicago-Kent College of Law

Under Ten Eyes, Anthony Michael Kreis

Washington and Lee Law Review Online

Carliss Chatman’s If a Fetus Is a Person, It Should Get Child Support, Due Process and Citizenship brilliantly captures the moment America is in, where abortion rights hang in the balance as state legislators, like those in Alabama, Georgia, Ohio, and elsewhere clamor to embrace fetal personhood. But, as Professor Chatman illustrates, legislators have expressed no interest in the full logical extent of this policy or the rights that should attach to a fetus if their measures ultimately become effective. The article incisively demonstrates how fetal personhood is singularly focused on ending abortion in the United States and is ...


When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter 2020 Brooklyn Law School

When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter

Brooklyn Law Review

The incredible force of the #MeToo movement has created momentum for long-overdue reform of workplace sexual harassment laws. One problematic element of the sexual harassment scheme is the Faragher/Ellerth defense, a defense to a claim of hostile work environment under Title VII. The Faragher/Ellerth defense allows an employer to escape liability for actionable sexual harassment if it can show that it had a policy against harassment with a procedure for making complaints, but the victim of harassment did not complain using that procedure. But the vast majority of victims of sexual harassment never make a formal complaint to ...


Pipeline To The Bench: Women's Legal Careers, Linda Greenhouse 2020 University of St. Thomas, Minnesota

Pipeline To The Bench: Women's Legal Careers, Linda Greenhouse

University of St. Thomas Law Journal

No abstract provided.


Picking Judges: An Introduction, Lisa Montpetit Brabbit 2020 University of St. Thomas, Minnesota

Picking Judges: An Introduction, Lisa Montpetit Brabbit

University of St. Thomas Law Journal

No abstract provided.


Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles 2020 Seton Hall University School of Law

Straight Outta Scotus: Domestic Violence, True Threats, And Free Speech, Jessica Miles

University of Miami Law Review

Domestic violence intersects with constitutional, criminal, and civil law in ways that often present challenges for jurists seeking to reconcile conflicting interests in promoting victim safety and protecting the legal rights of those accused of abuse. One current issue presenting such tensions relates to “true threats” of violence which the U.S. Supreme Court considers to be among the categories of speech receiving only limited First Amendment protection. The Supreme Court has yet to indicate what level of intent would be constitutionally sufficient for conviction of a speaker of a true threat and the circuit courts have split on this ...


Title Ix Effectiveness At American Universities, Corrine K. Girard 2020 Embry-Riddle Aeronautical University

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the ...


Quota Or No Quota: The Effect Of Gender Quotas On Women’S Ability To Provide Substantive Representation, Sara Lindsay Walsh 2020 Skidmore College

Quota Or No Quota: The Effect Of Gender Quotas On Women’S Ability To Provide Substantive Representation, Sara Lindsay Walsh

Political Science Senior Theses

The primary goal of this thesis is to determine the effect of gender quotas in national legislatures on the ability of female legislators to provide substantive representation. The secondary goal of this thesis is to determine which kinds of gender quotas are conducive toward strengthening overall democracies. This study will determine whether any and which kinds of gender quotas allow women parliamentarians to provide substantive representation by measuring the legislation enacted to address women’s issues (namely domestic violence legislation, reproductive rights legislation). This study draws from an accumulation of primary and secondary sources to examine whether parliaments successfully enact ...


Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. McEwen 2020 University of Maine School of Law

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as ...


Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. McEwen 2020 University of Maine School of Law

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as ...


Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein 2020 Georgetown University Law Center

Discounting Credibility: Doubting The Stories Of Women Survivors Of Sexual Harassment, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

For decades, federal and state laws have prohibited sexual harassment on the job; despite this fact, extraordinarily high rates of gender-based workplace harassment still permeate virtually every sector of the American workforce. Public awareness of the seriousness and scope of the problem increased astronomically in the wake of the #MeToo movement, as women began to publicly share countless stories of harassment and abuse. In 2015, the Equal Employment Opportunity Commission’s Task Force on the Study of Harassment in the Workplace published an important study analyzing a wide range of factors contributing to this phenomenon. But the study devotes only ...


Ten Years Fighting Hate, David A. Hall 2020 University of Miami Law School

Ten Years Fighting Hate, David A. Hall

University of Miami Race & Social Justice Law Review

On October 28, 2009, President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (“the Act”). One of the goals of the Act was to broaden protections against crimes motivated by hatred for a person’s group membership (her perceived race, national origin, gender or gender identity, sexual orientation, disability, or religion). The Act intends to address the need for US law to recognize the particularly destructive and virulent nature of crimes motivated by this kind of animus toward minority groups. Such crimes can often have an outsized effect, because they are intended ...


Queering The Dream—The Impact Trump’S Decision Has On Lgbtq+ Dreamers, Candelario Saldana 2020 University of Miami Law School

Queering The Dream—The Impact Trump’S Decision Has On Lgbtq+ Dreamers, Candelario Saldana

University of Miami Race & Social Justice Law Review

On June 15, 2012, President Obama created the Deferred Action for Childhood Arrivals (“DACA”) program, which was an exercise of prosecutorial discretion that provided temporary relief from deportation to youth known as Dreamers. On September 5, 2017, the Trump administration announced that it would begin phasing out the program. The fate of the program has recently been litigated in courts including the Supreme Court, with a decision pending from the Supreme Court anytime in 2020 (although there is a push to stall a decision due to the COVID-19 pandemic). In this article I discuss the historical context of DACA and ...


Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah 2020 William & Mary Law School

Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah

William & Mary Journal of Race, Gender, and Social Justice

While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration ...


The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe 2020 University of South Dakota

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based ...


The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman 2020 Elisabeth Haub School of Law at Pace University

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman

Pace Law Faculty Publications

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal ...


Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson 2020 Brigham Young University

Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson

Brigham Young University Prelaw Review

In 2012, Mason Edmo pleaded guilty to the sexual abuse of a fifteenyear-

old boy and was sentenced to ten years in prison. While in

prison, Edmo announced that she identified as a female and changed

her name to Adree. Edmo went on to request gender confirmation

surgery (also known as “sex reassignment surgery”) while still in

prison. Initially, Edmo was not granted the surgery by the Idaho

Department of Corrections, and went on to self-harm and attempt

self-castration twice. In 2017, Edmo filed suit against the Idaho State

Department of Corrections (IDOC) and won. The IDOC disagreed

with the ...


Identity: Obstacles And Openings, Osamudia R. James 2020 University of Miami School of Law

Identity: Obstacles And Openings, Osamudia R. James

SMU Law Review Forum

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.


The Title Ix Contract Quagmire, Bryce Freeman 2020 University of Michigan Law School

The Title Ix Contract Quagmire, Bryce Freeman

Michigan Law Review

Courts and scholars have long grappled with whether and to what extent educational institutions are in contract with their students. If they are, then students can sue their private universities for breaching that contract— ordinarily understood as the student handbook and other materials—when the institution levies a disciplinary action against the student. But what promises, both implicit and explicit, do private universities make to their students that courts should enforce? This question has resurfaced in the Title IX context, where courts have largely drawn clear dividing lines between the rights of public and private university students. This Comment provides ...


Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise 2020 University of the District of Columbia School of Law

Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise

University of the District of Columbia Law Review

This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (“ABA”).1 With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse backgrounds, with a primary focus on lawyers who identify as having health conditions, impairments, and disabilities, and on lawyers who identify as lesbian, gay, bisexual, transgender, queer, or as having other sexual orientations and gender identities (“LGBTQ+” as an overarching term). Importantly, the investigation also considered the intersectional nature ...


Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry 2020 University of the District of Columbia School of Law

Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry

University of the District of Columbia Law Review

Despite the growing visibility and acceptance of transgender people, discrimination against them persists.1 Transgender people are routinely denied identity documents that accurately reflect their sex.2 They are excluded from service in the U.S. military and from the protections of state civil rights laws.3 They are fired from their jobs, evicted from their homes, turned away from homeless shelters, denied custody of their children, harassed by law enforcement, and deprived of access to appropriate single-sex services in schools, prisons, and immigration detention centers—because they are transgender.4


Digital Commons powered by bepress