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Full-Text Articles in Law
Gender-Based Religious Persecution, Pooja R. Dadhania
Gender-Based Religious Persecution, Pooja R. Dadhania
Faculty Scholarship
People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.
The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …
The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla
The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla
Faculty Scholarship
The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other external and internal forces. This Article suggests how to increase the number of Latina law deans and emphasizes why it matters.
Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink
Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink
Faculty Scholarship
Gender dynamics suffuse virtually every workplace. Indeed, the way that employees interact with one another turns not only on their individual backgrounds, skills and personalities, but also frequently on their gender. While many employees embrace gender diversity at work and appreciate the benefits of incorporating both male and female perspectives into workplace programs and projects, this ideal does not translate into every work environment. In many workplaces, female workers continue to experience unfair (and often unlawful) treatment based upon their gender. The law has done much to outlaw overt gender discrimination at work, providing a legal framework within which female …
Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant
Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant
Faculty Scholarship
Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …
Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla
Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla
Faculty Scholarship
This article explores the relationship between gender, race and property.Women in the United States continue to be economically disadvantaged, and women of color are even more disadvantaged. This article will open with a review of laws, past and present, which have shaped women's rights to own, manage and transfer property. It will then provide a status check of where women, including women of color, stand in the United States relative to the rest of the population vis-a-vis income and other indicators of economic well-being. The article will then discuss why economic inequality persists, trotting out the usual reasons of discrimination …