Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg Jul 2013

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …


Shanghai Dancers: Gender, Coloniality And The Modern Girl, Vera C. Mackie Jul 2013

Shanghai Dancers: Gender, Coloniality And The Modern Girl, Vera C. Mackie

Vera Mackie

In 1924, the artist Yamamura K6ka (1885-1942) produced a colour woodcut depicting the dance hall of the New Carlton Hotel in Shanghai. In this print, two women are seated at a round table. One has bobbed hair; the other wears a red hat. Both wear western dress, but the embroidered jacket draped on one of the chairs suggests the fashion for Chinoiserie. Two cocktail glasses on the table contain red cherries. Several couples dance in the background of the picture, the women all with similar bobbed hair. The male dancing partners are barely visible and the women are seen from …


Accepting The Court's Invitation, Martha M. Ertman Jun 2013

Accepting The Court's Invitation, Martha M. Ertman

Martha M. Ertman

No abstract provided.


The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman Jun 2013

The Law Of The Land: Will Gay Marriage Change Marriage, And If So, How?, Martha Ertman

Martha M. Ertman

This panel, moderated by Naomi Cahn, included presentations by Martha Ertman, Liza Mundy, and Jonathan Rauch.


State Of The Urban Youth, India 2012, Professor Vibhuti Patel Apr 2013

State Of The Urban Youth, India 2012, Professor Vibhuti Patel

Professor Vibhuti Patel

State of the Urban Youth India 2012: Employment, Livelihoods, Skills Executive Summary Every third person in urban India is a youth. In less than a decade from now, India, with a median age of 29 years will be the youngest nation in the world. India’s demographic transformation is creating an opportunity for the demographic burden of the past to be converted to a dividend for the future. For this to happen the country needs to adopt a three-pronged policy that will address the issues of employment, livelihoods and the skill status of youth. The State of the Urban Youth India …


Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik Mar 2013

Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik

Valorie K. Vojdik

No abstract provided.


Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins Feb 2013

Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins

Mel Cousins

This article discusses recent UK case law on equal treatment and social security with particular reference on objective justification in two important recent decisions: the Supreme Court decision in Humphreys and the Court of Appeal’s judgement in Burnip. There has been a marked and progressive improvement in the analysis of equal treatment issues under the ECHR by the UK courts. Decisions of European Court have helped to clarify that Article 14 is not narrowly confined to the grounds set out in Article 14 and that a broader range of statuses are also covered. The more flexible approach to comparators has …


Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers' Rights, Elizabeth Keyes Feb 2013

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers' Rights, Elizabeth Keyes

Elizabeth Keyes

No abstract provided.


Performing Interdependence: Judith Butler And Sunaura Taylor In The Examined Life, Kathryn Abrams Feb 2013

Performing Interdependence: Judith Butler And Sunaura Taylor In The Examined Life, Kathryn Abrams

Kathryn Abrams

[...] in this essay I will take my bearings not simply from the film but from the text of the larger conversation, though I will consider the way that that text is given a distinctive form of life through the vehicle of the film. [...] they challenge a range of conventional legal assumptions about the body: I will detail these assumptions, and the ways they are interrogated by this conversation, in Part I. Second, this performance of interdependence points toward new, or at least less familiar, ways of deploying the law, a focus I take up in Part II.


Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone Jan 2013

Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone

Lyman P. Q. Johnson

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them? This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …


Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles Dec 2012

Gun Control, Mental Illness, And Black Trans And Lesbian Survival, Gabriel Arkles

Gabriel Arkles

Those concerned with racial, gender, sexual, economic, or disability justice should be concerned about the direction and focus of national conversations in the wake of Newtown. Controversies over gun control and mental health treatment have a profound impact on those marginalized based on race, gender, sexuality, class, and disability. Gun control laws endanger trans people of color and queer women of color, as well as those labeled mentally ill, by failing to reduce interpersonal violence while increasing the violence of the criminal legal system. Instead of increasing incarceration of people in marginalized communities who choose to carry guns, we should …


Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver Dec 2012

Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver

Carole Silver

The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …


The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman Dec 2012

The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman

Robert A. Garda

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in …


Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris Dec 2012

Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …


A Case Of Premature Litigation: Surrogacy, Equal Protection And Social Welfare Benefits, Mel Cousins Dec 2012

A Case Of Premature Litigation: Surrogacy, Equal Protection And Social Welfare Benefits, Mel Cousins

Mel Cousins

The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention following the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The Equality Tribunal has also referred to the European Court of Justice a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to provide a …


Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto Dec 2012

Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto

Susana L. SáCouto

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …