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Full-Text Articles in Law
The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong
The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong
Student Research
In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …
Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis
Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis
All Faculty Scholarship
In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …
Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer
Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer
Faculty Scholarship
A major legacy of the Obama presidency was the mark he left on the federal courts with respect to increasing judicial diversity. In particular, President Obama’s appointments of women to the federal judiciary exceeded all previous presidents in terms of both absolute numbers and as a share of all judges; he also appointed a record-setting number of women of color to the lower federal courts. In this Article, I take an intersectional approach to exploring variation in the professional backgrounds, qualifications, and Senate confirmation experiences of Obama’s female appeals court appointees, comparing them with George W. Bush and Bill Clinton …
Book Review: Absent Aviators: Gender Issues In Aviation, Janet K. Tinoco, Genderie S. Rivera
Book Review: Absent Aviators: Gender Issues In Aviation, Janet K. Tinoco, Genderie S. Rivera
Publications
This document is Dr. Tincoco's review of Absent Aviators: Gender Issues in Aviation edited by Donna Bridges, Jane Neal-Smith, and Albert J. Mills. Ashgate Publishing Limited, Farnham, 2014. 233 pp. $129.95.
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Research Brief: "Military Sexual Trauma Among Recent Veterans: Correlates Of Sexual Assault And Sexual Harassment", Institute For Veterans And Military Families At Syracuse University
Research Brief: "Military Sexual Trauma Among Recent Veterans: Correlates Of Sexual Assault And Sexual Harassment", Institute For Veterans And Military Families At Syracuse University
Institute for Veterans and Military Families
This study examines the population prevalence of military sexual trauma among OEF/OIF-era veterans. It found that almost 41% of women and 4% of men reported a military sexual trauma, indicating a high prevalence of OEF/OIF-era veterans who have experienced an MST. In practice, servicemembers and veterans who have experienced a military sexual trauma (MST) should seek medical help, such as counseling. In policy, the Department of Defense (DoD) might continue its efforts to reduce negative repercussions often associated with reporting sexual assault or sexual harassment. Suggestions for future research include having more data on the prevalence of MST in the …
Multidimensionality Is To Masculinities What Intersectionality Is To Feminism, Athena D. Mutua
Multidimensionality Is To Masculinities What Intersectionality Is To Feminism, Athena D. Mutua
Journal Articles
Committed to intersectionality theory in her feminist work, the scholar Juliet Williams expressed the sentiment that “multidimensionality is to masculinities theory, what intersectionality is to feminism.” She did so in the context of a debate about whether intersectionality theory might capture the complexity of men’s lives, particularly men of color’s lives, as well as does multidimensionality theory, given that the latter is based in large part on the former. This paper, briefly explores the intellectual history of multidimensionality theory, concedes that intersectionality, a powerful analytical tool that has matured and gone global, could easily be used and is in part …
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Faculty Scholarship
This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz
Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz
Peace Studies Faculty Articles and Research
Book review of Jodie Michelle Lawston's "Sisters Outside: Radical Activists Working for Women Prisoners".
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian
Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian
Department of Justice Studies Faculty Scholarship and Creative Works
This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
All Faculty Scholarship
Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
What An Aging Workforce Can Teach Us About Workplace Flexibility: Labor Force Participation Rates Of Women Age 55 And Over, By Age Group, Annual Averages, 1963–2003, Robert Hutchens Phd
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow
Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow
Law Faculty Scholarship
This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.
Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
All Faculty Scholarship
No abstract provided.
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann
All Faculty Scholarship
Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we …
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Gender And Privacy In Cyberspace, Anita L. Allen
Gender And Privacy In Cyberspace, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The Unrealized Power Of Mother, Dorothy E. Roberts
The Unrealized Power Of Mother, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen
The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Tribe's Judicious Feminism, Anita L. Allen
Tribe's Judicious Feminism, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Women And Legal Scholarship: A Bibliography, Paul M. George, Susan Mcglamery
Women And Legal Scholarship: A Bibliography, Paul M. George, Susan Mcglamery
All Faculty Scholarship
No abstract provided.
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Privacy, Surrogacy, And The Baby M Case, Anita L. Allen
Privacy, Surrogacy, And The Baby M Case, Anita L. Allen
All Faculty Scholarship
No abstract provided.