Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (7)
- University of Pennsylvania Carey Law School (5)
- University of New Mexico (4)
- University of Miami Law School (3)
- University of Michigan Law School (3)
-
- American University Washington College of Law (2)
- Cleveland State University (2)
- Emory University School of Law (2)
- Georgetown University Law Center (2)
- New York Law School (2)
- Santa Clara Law (2)
- UC Law SF (2)
- University of Colorado Law School (2)
- University of Florida Levin College 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)
- Chicago-Kent College of Law (1)
- Florida A&M University College of Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- St. John's University School of Law (1)
- The Peter A. Allard School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- Keyword
-
- Gender (8)
- Women (8)
- Feminism (5)
- Race (5)
- Civil rights (4)
-
- Domestic violence (4)
- Sex discrimination (4)
- Sexual harassment (4)
- Title IX (4)
- Battered women (3)
- Jurisprudence (3)
- Law students (3)
- Class (2)
- Courts (2)
- Discrimination (2)
- Disparate treatment (2)
- Equal Credit Opportunity Act (ECOA) (2)
- Gender discrimination (2)
- Gender equity (2)
- Gender stereotype (2)
- LatCrit (2)
- Law (2)
- Michigan Journal of Gender & Law (2)
- Religion (2)
- Women's Rights (2)
- Women's rights (2)
- African Americans (1)
- African-American lawyers (1)
- Asylum law (1)
- Attacks on Feminism (1)
- Publication
-
- Faculty Scholarship (18)
- Articles (10)
- All Faculty Scholarship (7)
- Faculty Publications (4)
- ADVANCE Library Collection (2)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Articles (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Articles and Essays (2)
- Publications (2)
- UF Law Faculty Publications (2)
- All Faculty Publications (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Works (1)
- Journal Publications (1)
- Law Faculty Research Publications (1)
- Other Publications (1)
- Scholarly Works (1)
Articles 1 - 30 of 64
Full-Text Articles in Law
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 …
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., …
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.
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills
Articles
The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …
Dialectics And Domestic Abuse, Katharine K. Baker
Dialectics And Domestic Abuse, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams
From Difference To Dominance To Domesticity: Care As Work, Gender As Tradition, Joan C. Williams
Faculty Scholarship
No abstract provided.
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
From Gender Apartheid To Non-Sexism: The Pursuit Of Women's Rights In South Africa, Penelope Andrews
Articles & Chapters
This article discusses the quest for women's rights in South Africa and how the transition from apartheid to democracy led to a commitment to gender equality as incorporated in South Africa's transitional and final Constitutions. This paper refers to the organizational attempts by women prior to and during the constitutional drafting process to ensure that the new Constitution embodied the aspirations and reflected the struggles for women's rights by women activists in South Africa. This article is divided into six sections. Section Two describes the legacy of apartheid for all women in South Africa. This section shows how the laws …
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson
Faculty Articles
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …
Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha
Domestic Violence And Us Asylum Law: Eliminating The 'Cultural Hook' For Claims Involving Gender-Related Persecution, Anita Sinha
Articles in Law Reviews & Other Academic Journals
In this Note, Anita Sinha examines the treatment of asylum claims involving gender-related persecution. Analyzing the three most recent decisions published by the Board of Immigration Appeals, Sinha illustrates that these cases have turned on whether the gender-related violence can be linked to practices attributable to non-Western,'foreign" cultures. Sinha argues that cases involving gender-related persecution can be given full consideration of asylum law only when their adjudication is based on an understanding of the political and institutional character of violence against women, rather than on" cultural" culpability. In making this argument, Sinha examines recent amendments to the regulations governing asylum …
Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott
Reinforcing The Myth Of The Crazed Rapist: A Feminist Critique Of Recent Rape Legislation, Christina E. Wells, Erin Elliott
Faculty Publications
Part I of this article reviews these new legislative provisions, discussing their requirements as well as the general impetus behind their enactment. Part II discusses both the history of rape prosecution and feminist efforts in the 1970s and 1980s to eliminate barriers to successful rape prosecutions. This part also elaborates upon the myth of the crazed rapist and its relationship to feminist reform efforts. Part III explains how the current legislation is rooted in and reinforces that myth by encouraging unsupportable distinctions among rape defendants. Finally, Part IV discusses the feminist response to such laws and argues for a more …
Women At War: An Evolutionary Perspective, Kingsley R. Browne
Women At War: An Evolutionary Perspective, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Child Care Needs Survey Report
Project Summary, Anthony Chen
Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight
Steps Forward And Steps Back: Uneven Progress In The Law Of Social Group And Gender-Based Claims In The United States, Karen Musalo, Stephen Knight
Faculty Scholarship
No abstract provided.
Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han
Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han
Faculty Publications
Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.
In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.
Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han
Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han
Faculty Publications
The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …
Why Marriage?, Martha Albertson Fineman
Why Marriage?, Martha Albertson Fineman
Faculty Articles
Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.
If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer
Publications
No abstract provided.
Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger
Gender Matters: Teaching A Reasonable Woman Standard In Personal Injury Law, Margo Schlanger
Articles
Reasonable care is, of course, a concept central to any torts class. But what is it? One very standard doctrinal move is to conceptualize reasonable care as that care shown by a "reasonable person" under like circumstances. The next step, logically, is to visualize this reasonable person. Visualization requires some important choices. For example, is the reasonable person old or young? Disabled or not? These are two questions that all the casebooks I have consulted discuss. But, oddly, no casebook of which I am aware deals with the trait that nearly invariably figures in our description of people: sex. If …
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Still Not Behaving Like Gentlemen, Ann Bartow
Still Not Behaving Like Gentlemen, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
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
Faculty Scholarship
No abstract provided.
Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart
Publications
No abstract provided.
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
Gender And Nonfinancial Matters In The Ali Principles Of The Law Of Family Dissolution, Katharine B. Silbaugh
Gender And Nonfinancial Matters In The Ali Principles Of The Law Of Family Dissolution, Katharine B. Silbaugh
Faculty Scholarship
The question for this issue is gender issues in the American Law Institute’s Principles of the Law of Family Dissolution. Overall, the Principles are an impressive effort to create clarity and coherence, given the disorganized and evolving state of family law. This commentary raises a few questions about the Principles’ treatment of nonfinancial issues, and suggests that this treatment should raise concerns about women’s interests upon divorce. First, I will briefly review the ALI’s position on nonfinancial matters. Second, I will discuss why the limitation to financial losses should matter to women; that is, I will investigate the costs of …
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake
Articles
This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …