Law Commons^™

“The Mere Allusion To Gender”: Answering The Charge That Marriage Is Sex Discrimination, William C. Duncan

Saint Louis University Law Journal

No abstract provided.

Identity Matters, Sharon E. Rush

UF Law Faculty Publications

From the Sixth Annual LatCrit Conference in Gainesville, Florida on April 26-29, 2001.

Cluster VII: Race, Gender, and Sexuality

Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Using the University of Pennsylvania's Law Department and, to some extent, the figure of Carrie Burnham Kilgore as lenses, this article examines a thirty year period of major changes in legal education. In Part I, Prof. Crawford describes the historical roots of the school and its halting establishment in light of the predominant role individual lawyers played in training students through law office clerkships. Part II details several related changes in the legal profession in the 1870s: the law office declined in prominence; bar associations became more active; and law schools developed rigorous requirements. In particular, Prof. Crawford describes the …

Citadel Cadets Dodge The State Action Bullet: A Critical Analysis Of Mentavlos V. Anderson, John P. Fougerousse

South Carolina Law Review

No abstract provided.

State Of The Women Judiciary In The Commonwealth, Carol E. Jordan, Sheila Isaac

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Women, Poverty, Access To Health Care, And The Perils Of Symbolic Reform, Mary Anne Bobinski, Phyllis Griffin Epps

Faculty Articles

This article looks at health care through gendered eyes. We sift though available data on access to health care, health status, and health treatments to determine whether men and women experience health care differently in the United States. While we do not doubt that overt gender-based discrimination occasionally occurs in health care, this article focuses on the importance of unintended consequences and unconscious bias. We also explore the impact of symbolism about women's roles on the process of health care reform. The results have important implications for policy makers, advocates, and health care providers.

The United States has a large …

A Conceptual Framework For A Multifactor, Multi-Level Analysis Of The Origins Of Workplace Violence, Bini Litwin

ILSA Journal of International & Comparative Law

Violence is an issue that is often chronicled throughout the world, with media stories depicting violence in the home, streets, schools and workplace.

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Beyond Observable Prejudice—Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose

Oklahoma Law Review

No abstract provided.

For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda

Journal Articles

No abstract provided.

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 …

A New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of §3604(C), Robert G. Schwemm, Rigel C. Oliveri

Law Faculty Scholarly Articles

Sexual harassment in housing is a significant national problem. Although less visible than the comparable problem in employment, sexual harassment in housing may be as prevalent and probably more devastating to its victims.

Nevertheless, relatively little attention has been paid to this issue or to the law that should govern it. Indeed, the law of sexual harassment in housing developed well after and in virtual lock-step with the law of sexual harassment in employment. Thus, courts have simply interpreted the Fair Housing Act (FHA) to prohibit sexual harassment to the same degree—and only to the same degree—as it is prohibited …

Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu

The Scholar: St. Mary's Law Review on Race and Social Justice

Infanticide is the most prevalent violent crime committed by women and has occurred throughout history for various reasons including sacrifice, birth control, eugenics, shame, and fear of punishment for adultery. Postpartum mood disorders have been recognized as a legitimate mental illness since the fourth century, and approximately fifty to eighty percent of new mothers experience some degree of depression after giving birth. Postpartum depression can progress into psychosis so quickly that new mothers may not even notice impairment of thinking skills. Defendants face many problems when using postpartum psychosis as a defense. One of the challenges of presenting postpartum psychosis …

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson

UF Law Faculty Publications

During the latter part of the twentieth century, progressive scholars in various fields of study have developed a large body of works analyzing identity politics. Within legal scholarship, critical race, feminist, anti-heterosexist, and other progressive theorists have demonstrated how legal doctrines and policies perpetuate social hierarchy and reinforce the domination of oppressed classes. The efforts of progressive scholars (and activists) to launch a unified critique of injustice, however, has proved difficult - due in part to the variety of theoretical and doctrinal options available to counter subordination and also to the intractable nature of institutionalized oppression. Yet, progressive scholars have …

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren Lenard Hutchinson

UF Law Faculty Publications

Proceedings of a criminal trial in Dallas, Texas, demonstrate the vulnerability of LGBT individuals to judicial bias. Although the jury convicted the defendant of murdering two gay males, the judge explained his light sentence: "I put prostitutes and gays at about the same level, and I'd be hard put to give somebody life for killing a prostitute . . . had [the victims] not been out there trying to spread AIDS, they'd still be alive today . . . These two guys that got killed wouldn't have been killed if they hadn't been cruising the streets picking up teen-age boys …

New Voices At Work: Race And Gender Identity Caucuses In The U.S. Labor Movement, Ruben J. Garcia

Scholarly Works

Recently, labor law scholars have examined the emergence of "identity caucuses," in unions and in nonunion workplaces. Some scholars have pointed to identity caucuses as a source of division in unions, while others have pointed to them as alternatives to traditional unions. The author argues that race and gender caucuses in unions are not a source of division in the labor movement today, nor are they a viable alternative to traditional unions. In spite of the National Labor Relations Act's subordination of minority rights to majority rule, the author determines that women and people of color in union-based identity caucuses …

Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth

Scholarly Works

Gender is a constant struggle. Throughout our lives, we contend with multiple unstable and oppositional social constructions of gender, or hierarchies of masculinities and femininities. Knowing, or trying to know, who is male and who is female, and how men and women should act, is a major part of the structure of our identities, our societies, and our democracy. These gender questions are not separate from race or class; together for example, they shape what is expected of a poor young White man or a middle-class, African American grandmother. Racialized and class-based, gender helps to tell us who is frightening, …

Gender Contests, Susan Frelich Appleton

Scholarship@WashULaw

This contribution for the “Law, Ethics, and Gender in Medicine” column in the Journal of Gender Specific Medicine interrogates the understanding of gender itself, at a time when transgender and intersex issues were just beginning to “come out” in both popular culture and case law. Against this background, the column explores the roles that physicians have played in such gender contests and considers how evolving medical attitudes can help achieve reform.

Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.

Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa

Uche Ewelukwa

By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating …