Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UC Law SF (18)
- University of Michigan Law School (17)
- Columbia Law School (7)
- Fordham Law School (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (5)
-
- University of Pennsylvania Carey Law School (5)
- Washington and Lee University School of Law (5)
- William & Mary Law School (5)
- American University Washington College of Law (4)
- University of New Mexico (4)
- Cleveland State University (3)
- Embry-Riddle Aeronautical University (3)
- Osgoode Hall Law School of York University (3)
- University of Miami Law School (3)
- Chicago-Kent College of Law (2)
- Emory University School of Law (2)
- Georgetown University Law Center (2)
- New York Law School (2)
- Santa Clara Law (2)
- Selected Works (2)
- SelectedWorks (2)
- University at Buffalo School of Law (2)
- University of Colorado Law School (2)
- University of Florida Levin College of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
- Utah State University (2)
- Yeshiva University, Cardozo School of Law (2)
- Boston University School of Law (1)
- California Western School of Law (1)
- Keyword
-
- Women (20)
- Gender and law (15)
- Discrimination (11)
- Gender (9)
- Sex discrimination (8)
-
- Feminism (7)
- Sexual harassment (6)
- Battered women (5)
- Domestic violence (5)
- Race (5)
- Banks (4)
- Civil rights (4)
- Clothes (4)
- Customers (4)
- Denial of service (4)
- Equality (4)
- Jurisprudence (4)
- Stereotypes (4)
- Title IX (4)
- Transgender (4)
- Women's rights (4)
- Equal Credit Opportunity Act (3)
- Law reform (3)
- Law students (3)
- Violence (3)
- AIDS (2)
- Bias (2)
- Briefs (2)
- Canada (2)
- China (2)
- Publication
-
- Faculty Scholarship (18)
- UC Law SF Journal on Gender and Justice (16)
- Articles (10)
- All Faculty Scholarship (7)
- Michigan Journal of Gender & Law (7)
-
- Washington and Lee Law Review (5)
- William & Mary Journal of Race, Gender, and Social Justice (5)
- Faculty Publications (4)
- Fordham Urban Law Journal (4)
- University of Arkansas at Little Rock Law Review (4)
- International Bulletin of Political Psychology (3)
- University of Michigan Journal of Law Reform (3)
- ADVANCE Library Collection (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Buffalo Women's Law Journal (2)
- Faculty Articles (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Human Rights Brief (2)
- Law Faculty Articles and Essays (2)
- Michigan Journal of Race and Law (2)
- Osgoode Hall Law Journal (2)
- Publications (2)
- UF Law Faculty Publications (2)
- All Faculty Publications (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Cleveland State Law Review (1)
- Daphna Hacker (1)
- Donna M. Hughes (1)
- Publication Type
Articles 1 - 30 of 131
Full-Text Articles in Law
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein
University of Michigan Journal of Law Reform
This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein
Articles
The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …
The Role And Reality Of Emotions In Law, Carol Sanger
The Role And Reality Of Emotions In Law, Carol Sanger
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
What's Love Got To Do With It?, Susan Bandes
What's Love Got To Do With It?, Susan Bandes
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White
Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White
All Faculty Scholarship
The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.
Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e., …
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel
University of Arkansas at Little Rock Law Review
No abstract provided.
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner
University of Arkansas at Little Rock Law Review
No abstract provided.
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger
University of Arkansas at Little Rock Law Review
No abstract provided.
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp
University of Arkansas at Little Rock Law Review
No abstract provided.
Prostitution In India: Sex Workers, Government And The Legalization Controversy, Angela R. Carlson
Prostitution In India: Sex Workers, Government And The Legalization Controversy, Angela R. Carlson
Buffalo Women's Law Journal
No abstract provided.
Women In Afghanistan Since September 11th, Margaret Murphy
Women In Afghanistan Since September 11th, Margaret Murphy
Buffalo Women's Law Journal
No abstract provided.
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor
International Bulletin of Political Psychology
This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.
Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata
University of Michigan Journal of Law Reform
In examining the nature of sexual harassment claims, the author challenges the use of the "unwelcomeness" element to distinguish actionable conduct from nonactionable conduct. The author contends that the "unwelcomeness" element demeans women in two ways: (1) it assumes the male perspective and presumes that the plaintiff appreciated the challenged conduct unless she proves otherwise; and (2) it allows the defense to engage in intrusive, irrelevant, and damaging inquiries as it attempts to refute the plaintiff's allegation that the challenged conduct was unwelcome.
The author argues for three reforms. First, courts should shift the burden of proving that the challenged …
Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter
Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter
Washington and Lee Law Review
No abstract provided.
Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii
Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii
Washington and Lee Law Review
No abstract provided.
Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant
Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant
Washington and Lee Law Review
No abstract provided.
Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy
Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy
Washington and Lee Law Review
No abstract provided.
Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush
Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush
Washington and Lee Law Review
No abstract provided.
The Politics Of Changing Sexual Orientation, Ibpp Editor
The Politics Of Changing Sexual Orientation, Ibpp Editor
International Bulletin of Political Psychology
This article identifies cognitions of value that permeate political discourse on the scientific validity of intentionally changing sexual orientation via clinical methods.
The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler
The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler
University of Michigan Journal of Law Reform
Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd
Michigan Law Review
Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …
The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.
The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.
Donna M. Hughes
The trafficking in women and children for sexual exploitation is a global human rights crisis being
perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance
for the sexual exploitation and sexual abuse of women and children.
New communications and information technologies have created a global revolution in
communications, access to information, and media delivery. There are a lot of positive aspects to the
global revolution, but there are also some very negative ones. This report describes the most negative
ones—how communications and information technologies are used to facilitate the trafficking of
women and children for sexual …
Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson
Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson
Osgoode Hall Law Journal
This article examines the issue of mandatory minimum sentencing from the unique perspective of women with disabilities. Concerns about the discriminatory application of mandatory minimum sentences are outlined and analyzed from a gendered disability perspective, as are concerns about the devaluation of the lives of persons with disabilities through the support of reduced sentences for those convicted of murdering persons with disabilities. This examination makes it clear that the different concerns of women with disabilities are difficult to reconcile, as they mandate contradictory positions with respect to the possible abolition of the sentencing practice. The challenges inherent in the development …
Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi
Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier
The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy
Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy
Osgoode Hall Law Journal
The author argues for the repeal of mandatory minimum sentences based upon their role in the distortion of defences available to battered women on trial for the homicide of their violent mates. After reviewing other legal strategies aimed at eliminating the discriminatory biases facing women who attempt to plead self-defence, and illustrating the ways in which defences to murder are distorted, she turns to the examination of the transcript of a recent murder trial for a woman who argued self-defence. The author uses the transcript to provide concrete illustrations of three ways in which self-defence is distorted by the mandatory …
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff
Articles in Law Reviews & Other Academic Journals
The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.
Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor
Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the removal of homosexuality from a list of mental illnesses by the Chinese Psychiatric Association (CPA) in the context of international security.
Women Defenders In The West, Barbara Allen Babcock
Women Defenders In The West, Barbara Allen Babcock
Nevada Law Journal
No abstract provided.
Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong
Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong
Washington International Law Journal
Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …