Law Commons^™

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 …

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 …

"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, …