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2007

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Articles 8791 - 8820 of 10558

Full-Text Articles in Law

Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley Jan 2007

Babes And Beefcake: Exclusive Hiring Arrangements And Sexy Dress Codes, Ann C. Mcginley

Duke Journal of Gender Law & Policy

Concluding that being a woman should not be a BFOQ for the job, this article addresses whether casino owners may require that women and men cocktail servers wear sexy provocative uniforms to serve cocktails in Las Vegas casinos.


Facial Discrimination: Darlene Jespersen’S Fight Against The Barbie-Fication Of Bartenders, Jennifer C. Pizer Jan 2007

Facial Discrimination: Darlene Jespersen’S Fight Against The Barbie-Fication Of Bartenders, Jennifer C. Pizer

Duke Journal of Gender Law & Policy

Lambda Legal took up Darlene Jespersen's case because restrictive, genderbased rules about personal appearance and deportment can pose particular burdens for anyone whose gender identity or expression varies from conventional stereotypes; lesbian, gay, bisexual, and transgender ("LGBT") people are disproportionately burdened by such rules.7 Many LGBT people cannot readily conform to conventional gender stereotypes. 8 For others, simply the process of "coming out" as LGBT or "queer" gives rise to a deep critique of the artificially restrictive gender stereotypes that pervade our modern lives and shape corporate marketing campaigns.


Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan Jan 2007

Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan

Duke Journal of Gender Law & Policy

No abstract provided.


Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts Jan 2007

Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts

Duke Journal of Gender Law & Policy

While courts have rarely ruled in favor of plaintiffs bringing discrimination claims based on identity performance, legal scholars have argued that discrimination on the basis of certain cultural displays should be prohibited because it creates a work environment that is "heavily charged" with ethnic and racial discrimination. Drawing upon empirical studies of diversity management, stereotyping, and group dynamics, we describe how workplace cultural profiling often creates an unproductive atmosphere of heightened scrutiny and identity performance constraints that lead workers (especially those from marginalized groups) to behave in less authentic, less innovative ways in diverse organizational settings.


Foreword: Animal Law: Thinking About The Future, Jeff Welty Jan 2007

Foreword: Animal Law: Thinking About The Future, Jeff Welty

Law and Contemporary Problems

No abstract provided.


Bred Meat: The Cultural Foundation Of The Factory Farm, David N. Cassuto Jan 2007

Bred Meat: The Cultural Foundation Of The Factory Farm, David N. Cassuto

Law and Contemporary Problems

The care and upkeep of animals raised for human consumption has devolved into an industrial operation focused on maximizing economic return while paying little or no heed to the needs of the "stock." Discussions of the nature of factory farming inevitably include issues of ethical treatment of nonhuman animals and often segue into apologies for or against "animal rights." This article takes a different tack, asking instead how and why the factory-farm industry could grow ascendant in an era when the notion of the human-animal divide has become increasingly blurred.


Humane Slaughter Laws, Jeff Welty Jan 2007

Humane Slaughter Laws, Jeff Welty

Law and Contemporary Problems

Much recent scholarship has focused on the conditions under which farm animals are raised. This article examines not how such animals are kept, but how they are killed and how such killing is regulated by law.


Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant Jan 2007

Similarity Or Difference As A Basis For Justice: Must Animals Be Like Humans To Be Legally Protected From Humans?, Taimie L. Bryant

Law and Contemporary Problems

Justice may not require that animals be exactly the same as humans or that they have rights exactly coterminous with the rights of humans, but justice would require that animals receive protection in ways that match up with those similarities they share with humans that are characteristics considered essential to the understanding of what it means to be human. Stated generally, the argument is that if animals are similar to humans as to capacities and characteristics of humans that define humans, then animals should receive protections equivalent to the protections of humans because a just society treats like entities alike.


Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr. Jan 2007

Broad Exemptions In Animal-Cruelty Statutes Unconstitutionally Deny Equal Protection Of The Law, William A. Reppy Jr.

Law and Contemporary Problems

This article considers the history, interpretation, and constitutionality of statutory exemptions that preclude prosecution either for misdemeanor or felony violation of North Carolina's criminal animal-cruelty statute, section 14-3601 of the General Statutes, in nine situations.


Journal Staff Jan 2007

Journal Staff

Law and Contemporary Problems

No abstract provided.


The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman Jan 2007

The Peahen’S Tale, Or Dressing Our Parts At Work, Julie A. Seaman

Duke Journal of Gender Law & Policy

However, there may ultimately be no logical way to reconcile decisions that prohibit employers from requiring women to wear revealing outfits and others that permit employers to require them to wear makeup,20 or decisions that prohibit penalizing a woman for being insufficiently feminine and others that permit penalizing a man for being insufficiently masculine.21 In addition, the increasing judicial acceptance of the sex stereotyping theory of sex discrimination under Title VII is in substantial tension with recent cases that insist that sex-differentiated dress and grooming requirements that "merely"22 conform to existing social gender norms do not amount to impermissible sex …


Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin Jan 2007

Vive La Difference? A Critical Analysis Of The Justification Of Sex-Dependent Workplace Restrictions On Dress And Grooming, Patrick S. Shin

Duke Journal of Gender Law & Policy

Any answer here is bound to be controversial, but it would have to be founded on a notion that we, as a society, have reason to value and therefore preserve a state of affairs in which certain types of behaviors relating to the manner of presenting oneself to others are engaged in predominantly by members of one sex but not the other.109 To put it another way, the rationalizability of sex-dependent workplacepresentation rules must depend on the idea that, even granting that sex and gender or gender-performance can be conceptually disaggregated,110 we nevertheless have reason to maintain a state of …


What Do Unions Do About Appearance Codes?, Michael J. Yelnosky Jan 2007

What Do Unions Do About Appearance Codes?, Michael J. Yelnosky

Duke Journal of Gender Law & Policy

In contrast, Renee Gaud and Trisha Hart worked as cocktail servers at the Borgata Hotel Casino and Spa in Atlantic City, New Jersey.8 Unlike Darlene Jespersen, they were union employees represented by the Hotel Employees and Restaurant Employees International Union, Local 54, and thus were not at-will workers.9 Gaud, Hart, and other employees objected to a new Borgata policy prohibiting cocktail servers and bartenders from gaining more than seven percent of their body weight as determined by a baseline set when the policy was instituted.10 Gaud and Hart challenged the policy in New Jersey state court on the grounds that …


Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson Jan 2007

Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson

Duke Journal of Gender Law & Policy

The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …


Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray Jan 2007

Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray

Duke Journal of Gender Law & Policy

Teresa Pope was charged with solicitation of the crime against nature for offering oral sex for money to two undercover police officers.5 Solicitation is an inchoate offense-like attempt or conspiracy-that relies on the criminality of the underlying conduct. 6 Although oral sex by itself cannot be criminalized post-Lawrence, the North Carolina Court of Appeals held in State v. Pope that the charge of solicitation of the crime against nature survived Lawrence by virtue of an exception in that decision allowing criminalization of prostitution. "10 In State v. Richardson, the Supreme Court of North Carolina construed this statute to apply only …


The Many Faces Of Darlene Jespersen, Michael Selmi Jan 2007

The Many Faces Of Darlene Jespersen, Michael Selmi

Duke Journal of Gender Law & Policy

Since this symposium and this case are about appearances, it is worth noting that Lambda Legal posted pictures of Darlene Jespersen in her uniform on its website, and those pictures could be seen as presenting a stereotypical image of a middle-aged gay woman.5 There are obviously many reasons the pictures may have been presented-to humanize her, to show the effect of the makeup policy since the pictures appeared to be taken in the context of the personal best policy-but they also convey an image, and were likely intended to do so. An objection to this line of reasoning is likely …


Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne Jan 2007

Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne

Duke Journal of Gender Law & Policy

Importing interpretations of Title VII developed from the equal opportunity harasser doctrine to dress code cases-which also fall under the purview of Title VII-would allow courts to focus on the sex-based underpinnings of employer dress codes that construct women as generally inferior to men and the harm that dress codes present to individuals who deviate from accepted gender norms, without requiring comparative evidence of unequal burdens to both sexes.


Journal Staff Jan 2007

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.


Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin Jan 2007

Commerce Clause Jurisprudence And The Graves Amendment: Implications For The Vicarious Liability Of Car Leasing Companies, Susan Lorde Martin

University of Florida Journal of Law & Public Policy

No abstract provided.


Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer Jan 2007

Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer

University of Florida Journal of Law & Public Policy

No abstract provided.


Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee Jan 2007

Political Gerrymandering: Outside The Aegis Of Equal Protection, Andrew William Lee

University of Florida Journal of Law & Public Policy

No abstract provided.


The Law And Lawyer As Enemy Combatants, Ariel Meyerstein Jan 2007

The Law And Lawyer As Enemy Combatants, Ariel Meyerstein

University of Florida Journal of Law & Public Policy

No abstract provided.


Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson Jan 2007

Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson

University of Florida Journal of Law & Public Policy

No abstract provided.


A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello Jan 2007

A New Method To Guide Constitutional Interpretation: Introducing "Negative Originalism", Adam Lamparello

University of Florida Journal of Law & Public Policy

No abstract provided.


Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner Jan 2007

Searching For Patterns In The Laws Governing Access To Records And Meetings In The Fifty States By Using Multiple Research Tools, Bill F. Chamberlin, Cristina Popescu, Michael F. Weigold, Nissa Laughner

University of Florida Journal of Law & Public Policy

No abstract provided.


Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert Jan 2007

Hewlett-Packard's Spy Games And The "Duty Of Caremark": How Inconsistent Standards Governing A Director's Duty Of Care Disgraced A Company, Lawrence Scheinert

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk Jan 2007

Constitutional Law: The Reasonableness Requirement And Fourth Amendment Boundaries To Co-Occupant Consent, Tim Buskirk

University of Florida Journal of Law & Public Policy

No abstract provided.


Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 2 Jan 2007

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 13, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 1 Jan 2007

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella Jan 2007

From Insanity To Beyond Diminished Capacity: Mental Illness And Criminal Excuse In The Post-Clark Era, Henry F. Fradella

University of Florida Journal of Law & Public Policy

No abstract provided.