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Full-Text Articles in Law

Lawyers For White People?, Jessie Allen Jan 2021

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate ...


Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos Sep 2020

Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos

Articles

Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency ...


(Un)Common Law And The Female Body, Lolita Buckner Inniss Jan 2020

(Un)Common Law And The Female Body, Lolita Buckner Inniss

Articles

A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Fe-male Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to ...


Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah Brake Jan 2017

Back To Basics: Excavating The Sex Discrimination Roots Of Campus Sexual Assault, Deborah Brake

Articles

This article, written for a symposium devoted to the legacy of celebrated Lady Vols coach, Pat Summit, connects the dots between Title IX’s regulation of campus sexual assault and the law’s overarching goal of expanding women’s access to leadership. Beginning with a discussion of how sexual objectification and harassment obstruct women’s paths to leadership, the article situates campus sexual assault as an important part of Title IX’s overarching agenda to promote equal educational opportunity. Although liberal feminism and dominance feminism are often discussed as competing theoretical frames for understanding and challenging gender inequality, they are ...


Comparing The Effects Of Judges' Gender And Arbitrators' Gender In Sex Discrimination Cases And Why It Matters, Pat K. Chew Jan 2017

Comparing The Effects Of Judges' Gender And Arbitrators' Gender In Sex Discrimination Cases And Why It Matters, Pat K. Chew

Articles

Empirical research substantiates that the judges’ gender makes a difference in sex discrimination and sexual harassment court cases. The author’s study of arbitration of sex discrimination cases administered by the American Arbitration Association between 2010 and 2014, however, finds that this judges’ “gender effect” does not occur. Namely, there is no significant difference in the decision-making patterns of female and male arbitrators as indicated by case outcomes.

The author proposes that characteristics of arbitrators, the arbitration process, and arbitration cases all combine to help explain the gender effect differences. Further, she suggests that this analysis reveals concerns about the ...


Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake Jan 2016

Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake

Articles

This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking gains for inclusion in other institutions (think marriage and the military), sport remains deeply resistant to LGBT inclusion. Understanding sport’s resistance to change requires attention to masculinity in sport and the practices that construct and reinforce hegemonic masculinity among male athletes. The presence of gay male athletes in elite men’s sports remains culturally startling and anxiety-producing because of sport’s deep connections to normative heterosexual masculinity. While shifts in social norms and support for women’s sports have broadened the range of femininity that is culturally valued for girls and women (within limits), the range of acceptable masculinity in men’s sports remains distinctively narrow. This article focuses on three practices that police the boundaries of normative masculinity in men’s sports: 1) anti-gay harassment; 2) sexual assault and exploitation of women; and 3) the hazing of male teammates, which often involves anti-gay and sexually explicit language and actions without regard to the actual or perceived sexual orientation of the recipients. While these three practices are often considered to be distinct and unrelated, this article argues that that they are interrelated and reinforcing. After discussing how these practices suppress the development of more inclusive masculinities in sport, the article concludes by considering the potential for sex discrimination law — Title IX of the Education Amendments of ...


The Trouble With 'Bureaucracy', Deborah L. Brake Jan 2016

The Trouble With 'Bureaucracy', Deborah L. Brake

Articles

Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing ...


Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake Jan 2013

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake

Articles

In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of ...


Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks Jan 2010

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Articles

The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent ...


A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda Jan 2009

A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda

Articles

In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decision making and examine the challenged workplace to identify those policies and practices that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission of social ...


The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton Jan 2008

The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton

Articles

No abstract provided.


Subtly Sexist Language, Pat K. Chew, Lauren K. Kelley-Chew Jan 2007

Subtly Sexist Language, Pat K. Chew, Lauren K. Kelley-Chew

Articles

Sometimes, sexist language is blatant and universally shunned. Other times, it is more subtle and even socially acceptable. For instance, as summarized in this article, substantial social science research has considered the use of male-gendered generics (the use of such words as he, man, chairman, or mankind to represent both women and men) rather than gender-neutral alternatives (such as she or he, human, chairperson, or humankind). This research concludes that male-gendered generics are exclusionary of women and tend to reinforce gender stereotypes. Yet, these words may not be recognized as discriminatory because their use is perceived as normative and therefore ...


Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer Jan 2006

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

Articles

No abstract provided.


Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross Jan 2006

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.


Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton Jan 2003

Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton

Articles

No abstract provided.


Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona Jan 2001

Foreword: Politics, Pragmatism And The Courts, Anthony E. Varona

Articles

No abstract provided.


Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey Jan 1998

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Articles

No abstract provided.


Affirmative Action As A Women's Issue, Helen Norton Jan 1995

Affirmative Action As A Women's Issue, Helen Norton

Articles

No abstract provided.


Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney Jan 1993

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Articles

No abstract provided.


The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun Jan 1977

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Articles

No abstract provided.