Law Commons^™

Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud

Seattle University Law Review

This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …

Family | Home | School, Latoya Baldwin Clark

Northwestern University Law Review

The state grants residents who live within a school district’s border an ownership interest in that district’s schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after districts and schools, establishing a child’s bona fide residence may be highly contested.

In this Essay, I show that education law, policies, and practices fail to recognize a child’s residence when the child’s family and living situation do not comport with a particular ideal of family life. …

Commercial Sex And Exploitation, Judge Barbara Mack, Dana Raigrodski

Chapters in Books

Commercial sexual exploitation (CSE), including sex trafficking, mainly targets women, children, young adults (up to age 24), and individuals identifying as LGBTQ+, primarily in communities in poverty, Indigenous communities, and communities of color. Economic and social marginalization drives people into the commercial sex industry and exploitation, which in turn perpetuates that economic and social marginalization. The most targeted and marginalized populations have been doubly harmed by exploitation and by poor treatment within the legal system.

While data is limited, CSE is widespread in the sex industry in Washington State and nationally. State and national data show significant disparities based on …

2021: How Gender And Race Affect Justice Now - Final Report, Justice Sheryl Gordon Mccloud, Dana Raigrodski, Sierra Rotakhina, Kelley Amburgey-Richardson

Books

In 1989, the Washington Supreme Court’s Task Force on Gender and Justice in the Courts produced a groundbreaking report on the impact of gender on selected areas of the law. It concluded that gender did affect the availability of justice. We – the Washington State Supreme Court Gender and Justice Commission – are a product of that report and its recommendations. Now, in 2021, we have completed our follow-up study.

Our legal and social science research, our data collection, and our independent pilot projects all led us to the same frustrating conclusion about the effect of gender in Washington State …

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

Northwestern Journal of Law & Social Policy

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Forgotten Youth: Homeless Lgbt Youth Of Color And The Runaway And Homeless Youth Act, Michelle Page

Northwestern Journal of Law & Social Policy

Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness but it does provide services and programs specifically designed to aid homeless youth. It has had some success, but not all homeless youth benefit from it equally.

Obviously, the youth population is not a homogenous one. Youth are of varying ages, races, genders, and sexualities. Unfortunately, the Runaway and Homeless Youth Act does not specifically account for these …

The Case For Trauma-Informed, Gender-Specific Prevention/Early Intervention Programming In Reducing Female Juvenile Delinquency In Florida, Joan D. Flocks, Emily Calvin, Simone Chriss, Marina Prado-Steiman

UF Law Faculty Publications

This article describes the statutory recognition of the need for prevention/early intervention juvenile services in Florida that are both trauma-informed and gender-specific. It examines how childhood trauma can impact at-risk children and the gendered aspects of such trauma. The article then describes the PACE Center for Girls, a Florida-based school, currently undergoing a comprehensive evaluation, which attempts to incorporate elements that fulfill statutory recommendations into its programming.

Boys, Masculinities And Juvenile Justice, Nancy E. Dowd

Nancy Dowd

Culture and tradition are part of the macrosystem of ideas and beliefs that have a dramatic effect on children and families. One aspect of culture is gender beliefs, values and roles. Feminist analysis has explored the incorporation of gender in a wide range of structures, challenging gender bias and advocating reform of a range of laws, structural systems, and social practices. Masculinities analysis, an outgrowth of feminist analysis that focuses on men as gendered subjects, provides a perspective to consider those areas in which men are disproportionately present either in positions of power and privilege, or in positions of disadvantage. …

An Assessment Of Risk Factors For Early Death Among A Sample Of Previously Incarcerated Youth, Patricia A. Stoddard Dare, Miyuki Fukushima Tedor, Linda M. Quinn, Christopher A. Mallett

Social Work Faculty Publications

Most previous research regarding early death prior to, or during, young adulthood among previously detained delinquent youth has focused predominantly on males or on their cause of death. This study extends previous research by evaluating potential factors that are associated with early death in a random sample (N = 999) of formerly detained youthful offenders in New York stratified by gender (50% female). Existing case records were referenced with the National Death Index to determine if the formerly detained youth were deceased by the time they would have reached age 28. Regression analyses were run to determine if any of …

Effects Of Jurors’ Gender And Attitudes Toward Intellectual Disability On Judgments For Disabled Juvenile Defendants, Cynthia J. Najdowski, Bette L. Bottoms

Psychology Faculty Scholarship

Because many juvenile offenders are intellectually disabled and have their cases tried by jurors in adult criminal court, it is important to understand factors that influence jurors’ judgments in such cases. Using a mock trial methodology, we explored the relations among jurors’ gender, attitudes toward intellectual disability, and judgments in a criminal case involving an intellectually disabled 15-year-old girl accused of murder. Men mock jurors’ judgments were not influenced by their preexisting biases, but women's were: the more women favored special treatment for disabled offenders, the less likely they were to suspect the disabled juvenile was guilty and the less …

Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus

Scholarly Works

In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before the U.S. Supreme …

Bullying Prevention And Boyhood, Katharine B. Silbaugh

Faculty Scholarship

A desire to reduce bullying in schools and to create safer and healthier school cultures has driven an anti-bullying movement characterized by significant reform in school programs and practices, as well as legislative reform and policy articulation in every state. A desire to improve school outcomes for boys has generated a number of programmatic proposals and responses in public and private education. Most notably, single-sex programming in public schools has been facilitated by the 2006 change to Title IX regulations setting out the criteria for permissible single-sex public school programs. These two recent movements in K-12 schooling spring from new …

Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern

Pepperdine Law Review

No abstract provided.

Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …

Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace

Lisa R Pruitt

Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.

Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman

Deborah M. Weissman

The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …

Boys, Masculinities And Juvenile Justice, Nancy E. Dowd

UF Law Faculty Publications

Culture and tradition are part of the macrosystem of ideas and beliefs that have a dramatic effect on children and families. One aspect of culture is gender beliefs, values and roles. Feminist analysis has explored the incorporation of gender in a wide range of structures, challenging gender bias and advocating reform of a range of laws, structural systems, and social practices. Masculinities analysis, an outgrowth of feminist analysis that focuses on men as gendered subjects, provides a perspective to consider those areas in which men are disproportionately present either in positions of power and privilege, or in positions of disadvantage. …

Coming Out For Kids: Recognizing, Respecting, And Representing Lgbtq Youth, Barbara Fedders

Nevada Law Journal

No abstract provided.

Shedding A Tear, William I. Miller

Articles

The tale that follows is also one of great gender anxiety, and it is true.

Equal Protection

Touro Law Review

No abstract provided.

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …