Law Commons^™

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.

Gender Disparity: Boys V. Girls In Special Education, Jennifer J. Haggerty

Jennifer J. Haggerty

Gender Disparity: Boys v. Girls in Special Education discusses why boys outnumber girls in special education classes in a ratio of 2:1. Gender disparity in special education is a severe problem which is increasing as there are relatively few male educators. Male educators are needed in the educational system to counteract female teachers’ tendencies to send male students to special education based upon behavioral characteristics, not upon educational disabilities.

Individuals with Disabilities Education Act (IDEA), formally known as the Education for All Handicapped Children Act of 1975 (EHA), poses several requirements of schools regarding students eligible for special education. One …

All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.

A Fair And Implicitly Impartial Jury: An Argument For Administering The Implicit Association Test During Voir Dire, Dale Larson

Dale K Larson

While many refer to jury selection as a science, others—perhaps more accurately—liken the process to voodoo. The jury consulting industry has exploded over the last thirty years, with many attorneys paying large amounts for voir dire for erratic and unpredictable results and a general inability to detect bias accurately in potential jurors. One explanation for these poor results, even when using the latest findings in the scientific jury selection field, is that the tools currently available to attorneys and jury consultants give us only a partial picture of the individuals in question. Currently, voir dire consists of oral questioning and …

Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov

Julie Novkov

Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …

Don't Tap, Don't Stare, And Keep Your Hands To Yourself! Critiquing The Legality Of Gay Sting Operations, Jordan Woods

Jordan Blair Woods

"To Be Or Not To Be" Responsible: The Effectiveness Of Media's Codes Of Ethics As Checks On Biased Reporting, Blake D. Morant

Blake D Morant

“To Be or Not to Be” Responsible: The Effectiveness of the Media’s Codes of Ethics as Checks on Biased Reporting Blake D. Morant Dean and Professor of Law Wake Forest University School of Law “Media bias” has become a clichéd expression. Despite the phrase’s cavalier use by some to minimize the industry’s influence, biased reporting remains an omnipresent cloud on media’s legitimacy as the fourth estate. Polemic issues related to race, gender or traditionally disadvantaged groups, particularly when covered sensationally by news media, exposes problems related to bias and misinformation. This Article deconstructs the problem of media bias through a …

Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov

Julie Novkov

In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …

Intragroup Discrimination: The Case For "Race Plus", Enrique R. Schaerer

Enrique R. Schaerer

The application of Title VII is uneven. The judiciary applies it to employment discrimination across groups, intergroup discrimination, but is reluctant to do so for discrimination within groups, intragroup discrimination. Even where Title VII recognizes intragroup discrimination, it does so unevenly. A “sex plus” doctrine is used to address intragroup sex discrimination, but no corresponding “race plus” doctrine has emerged for intragroup race discrimination. This Article calls attention to issues of intragroup discrimination, and proposes “race plus” as a natural extension of “sex plus” based on the text, legislative history, and statutory purpose of Title VII. This doctrinal tool would …

Gender Outlaws Before The Law: The Courts Of The Borderlands, Aeyal M. Gross

Aeyal M. Gross

This Article considers four trials held in the United States, United Kingdom, and Israel, in which gender outlaws were accused and convicted in a criminal court for fraudulent gender presentations. These trials raise questions at a number of junctures that touch on the regulation and politics of sex, gender, and sexuality. I argue that these cases manifest not only the unresolved tension between sexual and gender identities, but also the internal conflicts within the identities themselves, as well as the difficulty of maintaining boundaries amongst them. Furthermore, I argue that, contrary to the rhetoric used by the various courts, the …

Gender, Geography & Rural Justice, Lisa R. Pruitt

Lisa R Pruitt

Like other legal scholars, feminists often think about social change over time, using history as a lens to reveal disadvantage and injustice. They have demonstrated, for example, that the public/private divide and related separate spheres ideology are socially contingent developments based on evolving perceptions of women and gender roles. Shifts in such perceptions have thus informed legal changes, and vice versa.

I argue in this Article that a more grounded and more nuanced understanding of women’s lived realities requires legal scholars to engage not only history, but also geography. Because spatial aspects of women’s lives implicate inequality and moral agency, …

Migration, Development And The Promise Of Cedaw For Rural Women, Lisa Pruitt

Lisa R Pruitt

This Article explores the potential of international development efforts and human rights law to enhance the livelihoods of rural women in the developing world. In particular, the Article takes up the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which enumerates in Article 14 specific rights for rural women as a class. Pruitt’s focus here is on Article 14’s guarantees in relation to land ownership, education, development planning, access to credit, marketing facilities and technology, and other rights that are linked closely to women’s role as the architects of food security. While CEDAW has attracted enormous …

No Boy Left Behind? Single-Sex Education And The Essentialist Myth Of Masculinity, David S. Cohen

David S Cohen

In late 2006, the Department of Education changed the Title IX regulations to broaden the permissibility of single-sex education in primary and secondary schools. The changes took place in the context of a growing concern over the performance and well-being of boys in American schools. This article describes, dissects, and critically analyzes the narrative about boys, masculinity, and single-sex education that surrounded these changes.

The public narrative about the need for single-sex education focused, in substantial part, on what I call the essentialist myth of masculinity. This article catalogs the important components of this myth: heteronormativity, aggression, activity, sports-obsession, competitiveness, …

Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow

Ann Bartow

Efforts to decrease the sexist aspects of online fora have been largely ineffective, and in some instances seemingly counterproductive, in the sense that they have provoked even greater amounts of abuse and harassment with a gendered aspect. And so, in the wake of a series of high profile episodes of cyber sexual harassment, and a grotesque abundance of low profile ones, a new business model was launched. Promising to clean up and monitor online information to defuse the visible impact of coordinated harassment campaigns, a number of entities began to market themselves as knights in cyber shining armor, ready to …