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Full-Text Articles in Law
Dobbs V. Jackson Women's Health Organization And The Likely End Of The Roe V. Wade Era, Jeffrey Hannan
Dobbs V. Jackson Women's Health Organization And The Likely End Of The Roe V. Wade Era, Jeffrey Hannan
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Violence & Hiv/Aids: Violence Against Women And Girls As A Cause And Consequence Of Hiv/Aids, Shirley Kohsin Wang
Violence & Hiv/Aids: Violence Against Women And Girls As A Cause And Consequence Of Hiv/Aids, Shirley Kohsin Wang
Duke Journal of Gender Law & Policy
No abstract provided.
Does Gender Specificity In Constitutions Matter?, Laura E. Lucas
Does Gender Specificity In Constitutions Matter?, Laura E. Lucas
Duke Journal of Comparative & International Law
No abstract provided.
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Duke Journal of Gender Law & Policy
Some of those who served did so by disguising themselves as men.6 A number of women had served as spies, as was the case of Rose O'Neal Greenhow, who was arrested and imprisoned for supplying the Confederate Army with information, and Pauline Cushman, who was sentenced to be executed as a Union spy during the War Between the States.7 The first woman to receive the Congressional Medal of Honor, Dr. Mary Walker, provided her services as a doctor free of charge to Union forces in Virginia and Tennessee.8 She had asked the Union Army to hire her as a doctor, …
Women In The Sphere Of Masculinity: The Double-Edged Sword Of Women’S Integration In The Military, Noya Rimalt
Women In The Sphere Of Masculinity: The Double-Edged Sword Of Women’S Integration In The Military, Noya Rimalt
Duke Journal of Gender Law & Policy
Too many women together are not a good thing anywhere, especially not in the military.2 Noa is one of numerous women who have managed to cross traditional gender lines in the Israeli military in the last decade, assigned to positions that typically had been reserved for men.3 The inclusion of those women in traditional masculine spheres was the result of legal changes initiated by women and feminist groups in the 1990s.4 Those changes were designed to promote greater gender equality in the military by opening prestigious combat units to women soldiers.5 Hence, Noa and all other women whose military experiences …
A Right To Choose?: Sex Selection In The International Context, Ashley Bumgarner
A Right To Choose?: Sex Selection In The International Context, Ashley Bumgarner
Duke Journal of Gender Law & Policy
While there is some debate among doctors, ethicists, and the general public about the level of medical necessity that should justify a sex-selection procedure, most accept that sex selection for medical reasons is beyond ethical reproach, and in some situations, should even be encouraged.9 However, elective, non-medical sex-selection, which is often performed for social or financial reasons, is the subject greater scrutiny and impassioned ethical debate.10 Currently, doctors and geneticists are able to diagnose more than five hundred separate medical conditions in a developing fetus.11 Among these conditions are devastating genetic diseases such as hemophilia, Down syndrome, cystic fibrosis, Huntington's …
Women’S Rights And Shari’A Law: A Workable Reality? An Examination Of Possible International Human Rights Approaches Through The Continuing Reform Of The Pakistani Hudood Ordinance, Katherine M. Weaver
Women’S Rights And Shari’A Law: A Workable Reality? An Examination Of Possible International Human Rights Approaches Through The Continuing Reform Of The Pakistani Hudood Ordinance, Katherine M. Weaver
Duke Journal of Comparative & International Law
No abstract provided.
Gender Nonconformity And The Unfulfilled Promise Of Price Waterhouse V. Hopkins, Joel Wm. Friedman
Gender Nonconformity And The Unfulfilled Promise Of Price Waterhouse V. Hopkins, Joel Wm. Friedman
Duke Journal of Gender Law & Policy
The Supreme Court has articulated a doctrinal framework that, if construed and applied properly, provides the lower federal courts with the analytical tools necessary to identify and proscribe workplace rules that compel individuals to adhere to appearance, attire, and behavioral norms that operate to reinforce gendered expectations.1 Since the Supreme Court has ruled that penalizing an individual for failing to conform to gendered norms of behavior constitutes a form of sex-based discrimination,2 one would expect that employees would have achieved some measure of success in challenging such policies.
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley
Duke Journal of Gender Law & Policy
Concluding that being a woman should not be a BFOQ for the job, this article addresses whether casino owners may require that women and men cocktail servers wear sexy provocative uniforms to serve cocktails in Las Vegas casinos.
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Duke Journal of Gender Law & Policy
Feminists have been debating what constitutes appropriate female attire since the beginning of the feminist movement in the United States. Since the early 1990s, when Naomi Wolf's book The Beauty Myth was released, feminists, law professors, and popular culture critics have tried to understand women's dress in the present day. In spite of years of criticism of these beliefs, the bias this injects into rape trials, and even with the enactment of rape shield laws, this evidence still sneaks into rape cases. With this in mind, one would expect a similar phenomenon to occur in sexual harassment cases. As the …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
Duke Journal of Gender Law & Policy
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas
The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas
Duke Journal of Gender Law & Policy
Throughout American history, skin color, eye color, and hair texture have had the power to shape the quality of Black people's lives, and that trend continues today for Black women in the workplace.
The Many Faces Of Darlene Jespersen, Michael Selmi
The Many Faces Of Darlene Jespersen, Michael Selmi
Duke Journal of Gender Law & Policy
Since this symposium and this case are about appearances, it is worth noting that Lambda Legal posted pictures of Darlene Jespersen in her uniform on its website, and those pictures could be seen as presenting a stereotypical image of a middle-aged gay woman.5 There are obviously many reasons the pictures may have been presented-to humanize her, to show the effect of the makeup policy since the pictures appeared to be taken in the context of the personal best policy-but they also convey an image, and were likely intended to do so. An objection to this line of reasoning is likely …
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams
Law and Contemporary Problems
Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.
Disparate Impact, Disparate Treatment, And The Displaced Homemaker, Marilyn V. Yarbrough
Disparate Impact, Disparate Treatment, And The Displaced Homemaker, Marilyn V. Yarbrough
Law and Contemporary Problems
No abstract provided.
Pornography And The First Amendment, Cass R. Sunstein
Pornography And The First Amendment, Cass R. Sunstein
Duke Law Journal
No abstract provided.
Woman’S Constitution, Kenneth L. Karst
Woman’S Constitution, Kenneth L. Karst
Duke Law Journal
The idea of woman is a social construct. Professor Karst begins by considering some of the sources of that construct, and how American law has both reflected and reinforced it. Next, he discusses the role of constitutional law in the modern reconstruction of "woman's place," and examines the limitations of that transformation. Finally, recognizing that women as a group do tend to perceive social relations and approach moral issues in distinctive ways, Professor Karst speculates on the possible consequences of a reconstruction of our constitutional law to include an important measure of that distinctive morality and worldview.
Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen
Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen
Faculty Scholarship
No abstract provided.