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Full-Text Articles in Law
Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley
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.
Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole
Paramours, Promotions, And Sexual Favoritism: Unfair, But Is There Liability?, Mitchell Poole
Pepperdine Law Review
No abstract provided.
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Pepperdine Law Review
The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …
Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard
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 and stereotyping …
A Betrayed Ideal: The Problem Of Enforcement Of Eu Sex Equality Guarantees In The Cee Post-Socialist Legal Systems, Goran Selanec
A Betrayed Ideal: The Problem Of Enforcement Of Eu Sex Equality Guarantees In The Cee Post-Socialist Legal Systems, Goran Selanec
SJD Dissertations
The notion of equality between men and women has, for a long time, played a significant role in the societies of Central and Eastern Europe (CEE). The ideal was particularly important during the period of “real” or “really existing” socialism in CEE. For the CEE socialist regimes, the ideal of equality was an ideological banner that supposedly demonstrated their moral superiority to the “West”. The ideal has gained new importance in recent years, when the CEE post-socialist states had to commit to the protection of the notion of equality between sexes as a condition of their membership in the European …
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Michigan Journal of Gender & Law
Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein
UF Law Faculty Publications
This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …