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Law and Gender

2012

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Articles 1 - 30 of 101

Full-Text Articles in Law

The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin Dec 2012

The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin

Cornell Law Faculty Working Papers

The Social Security Act currently provides secondary benefits to the wives or widows of covered workers who retire, become disabled, or die. To qualify, a woman must have been married to the worker for a short period and must be old (sixty-two, dropping to sixty in the case of a widow, fifty in the case of a disabled widow) or caring for children under sixteen. If a wife’s or widow’s primary retired-worker or disability benefits equal or exceed her secondary benefit entitlement, she receives only the primary benefits. However, if her secondary benefit amount is greater she receives ...


Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley Dec 2012

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Faculty Scholarship

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.


The Legal Revolution In American Women’S Rights—And The Problems That Remain, Sonia Pressman Fuentes Oct 2012

The Legal Revolution In American Women’S Rights—And The Problems That Remain, Sonia Pressman Fuentes

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

No abstract provided.


Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas Oct 2012

Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas

Law Student Publications

This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons....Part II of this comment will focus on the Supreme Court's role in shaping abortion policy....Part III will describe Virginia’s new ultrasound requirement and how the above-mentioned Supreme Court decisions affect the new bill’s legality. Part III(A) will lay out the relevant portions of the bill and discuss its legislative history. Part III(B) will analyze the bill through Casey’s undue burden lens....Part III(C) will argue that requiring a woman to have a ...


The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson Oct 2012

The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson

Scholarly Articles

This Article considers a burning issue in society today— whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate samesex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access ...


Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence Oct 2012

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Student Articles and Papers

The goals of the Article are twofold. First, this Article will demonstrate that while birthing rights issues have been familiar areas of concern for feminist scholarship on women's rights to privacy and equality, neglecting to integrate this work into the law school classroom fails to promote effective legal advocacy for pregnant women. The violation of women's rights during childbirth is a more common problem than reported legal opinions indicate, and few lawyers are prepared to protect clients prospectively or to vindicate women's rights post-childbirth.


Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman Sep 2012

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Department of Justice Studies Faculty Scholarship and Creative Works

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in response ...


Women And Girls Fleeing Conflict: Gender And The Interpretation And Application Of The 1951 Refugee Convention, Valerie Oosterveld Sep 2012

Women And Girls Fleeing Conflict: Gender And The Interpretation And Application Of The 1951 Refugee Convention, Valerie Oosterveld

Law Publications

No abstract provided.


Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr Aug 2012

Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr

Law & Economics Working Papers

This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by ...


Justice For Girls: Are We Making Progress?, Francine Sherman Aug 2012

Justice For Girls: Are We Making Progress?, Francine Sherman

Boston College Law School Faculty Papers

From the introduction:

Social expectations that girls behave obediently, modestly, and cautiously have been remarkably durable over more than one hundred years of juvenile justice in the United States, and throughout that time these expectations have masked structural gender discrimination. At the turn of the twentieth century, these expectations were behind the proliferation of training schools for immigrant girls who were perceived to be immoral and in need of guidance that would enable them to marry and to become responsible mothers. In the mid– and late twentieth century, these expectations supported detention and incarceration of girls for status offenses, for ...


Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith Jul 2012

Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith

Presentations

sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.


Women In Robes, Sital Kalantry Jul 2012

Women In Robes, Sital Kalantry

Cornell Law Faculty Publications

This article presents statistics on the number of women in the judiciary and argues for gender parity to further equality, enhance courts' legitimacy, and strengthen the rule of law.


What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges May 2012

What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges

Honors Projects Overview

This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.


Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta May 2012

Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta

Political Science Honors Projects

This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.


Changing Social Security To Achieve Long-Term Solvency And Make Other Improvements: Background Factors, Issues, Options, Peter W. Martin Apr 2012

Changing Social Security To Achieve Long-Term Solvency And Make Other Improvements: Background Factors, Issues, Options, Peter W. Martin

Cornell Law Faculty Working Papers

For years those responsible for Social Security and policy analysts have acknowledged that the present statutory framework for determining and financing program benefits is unsustainable. Nonetheless, despite the work of Presidential commissions, countless Congressional hearings, proposals for reform advanced by individuals and groups across the political spectrum, changes to Social Security that would restore its fiscal balance into the foreseeable future have repeatedly been deferred or deflected by the nation's law-makers.

This paper aims to assist analysis of and reflection on the range of options for ensuring Social Security's future while not adding yet another solvency proposal to ...


The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne Apr 2012

The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne

Law Faculty Research Publications

The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference ...


Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings Apr 2012

Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings

Faculty Scholarship

In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of ...


Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin Apr 2012

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin

All Faculty Scholarship

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed ...


The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider Apr 2012

The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard Apr 2012

Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles ...


First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen Mar 2012

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles Mar 2012

From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Publications

The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality ...


Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko Jan 2012

Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko

Faculty Working Papers

In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it ...


Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox Jan 2012

Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant workers may not obtain ADA accommodations is that pregnancy is a physically healthy condition rather than a physiological defect. Drawing on the social model of disability, this Article challenges the assumption that medical diagnosis of “defect” must be a prerequisite to disability accommodation ...


Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone Jan 2012

Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone

Scholarly Articles

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?

This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise ...


Exchange As A Cornerstone Of Families, Martha M. Ertman Jan 2012

Exchange As A Cornerstone Of Families, Martha M. Ertman

Faculty Scholarship

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families ...


Regulating The Sex Trade, John Avery Jan 2012

Regulating The Sex Trade, John Avery

Law School Student Scholarship

No abstract provided.


Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld Jan 2012

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

No abstract provided.


Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers, Leah A. Plunkett, Erica A. Sussman Jan 2012

Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers, Leah A. Plunkett, Erica A. Sussman

Law Faculty Scholarship

The information is this document is intended for use by advocates and attorneys working with survivors of domestic violence in understanding the common types of consumer problems faced by the survivors. The document provides an overview of the common consumer issues faced by survivors and offers solid guidance on how advocates and attorneys can identify these issues when working the survivors. The report begins with an overview of the role of economic abuse in cases of domestic violence. This is followed by a brief look at common consumer issues faced by survivors that include managing household income and expenses, credit ...


Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka Jan 2012

Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka

Law School Student Scholarship

No abstract provided.