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Full-Text Articles in Law
Discrimination By Design?, Naomi Cahn, June Carbone, Nancy Levit
Discrimination By Design?, Naomi Cahn, June Carbone, Nancy Levit
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Platform world is speeding the redesign of employment. Bricks-and-mortar firms once hired through narrow portals and then invested in the workers they hired, providing job security and predictable career ladders. Platform world flings the doors wide open to income-generating efforts, providing new opportunities but also offering security and predictable advancement to almost no one.
Other legal scholars have mined these same data for gender disparities; they have found disparities in the platform economy arising from customer biases and individual preferences, and manifested in men’s and women’s different experiences in everything from pricing plumbing services to fraud prevention. Neutral-appearing algorithms may …
Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson
Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson
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Unless middle school and high school girls in urban, rural, and minority communities are given the opportunities to participate in the emerging women’s sports, gender equity is being only facially achieved because Title IX requirements are implemented without specific regard to detrimental impacts on the aforementioned subgroups. This Article will consider the intersection of race, gender, economic status, and community characteristics with sports participation for girls in grades K-12 and will argue that there are two categories of intentional discrimination that are both actionable under Title IX. The first is direct discrimination by a perpetrator of the discrimination — the …
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
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The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling
From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling
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The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …