Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (88)
- Law and Society (25)
- Civil Rights and Discrimination (24)
- Human Rights Law (22)
- Sexuality and the Law (22)
-
- Family Law (18)
- International Law (17)
- Comparative and Foreign Law (14)
- Health Law and Policy (14)
- Arts and Humanities (12)
- Business Organizations Law (10)
- Labor and Employment Law (10)
- Social and Behavioral Sciences (10)
- Criminal Law (9)
- Juvenile Law (9)
- State and Local Government Law (7)
- Civil Law (6)
- Public Law and Legal Theory (6)
- Constitutional Law (5)
- Contracts (5)
- Law and Race (5)
- Legal History (5)
- Legislation (5)
- Social Welfare Law (5)
- Courts (4)
- Education Law (4)
- European Law (4)
- Immigration Law (4)
- Internet Law (4)
- Institution
-
- Selected Works (37)
- SelectedWorks (25)
- Pace University (9)
- University of Wollongong (6)
- William & Mary Law School (6)
-
- University of Michigan Law School (5)
- City University of New York (CUNY) (2)
- Seattle University School of Law (2)
- St. Mary's University (2)
- University of Cincinnati College of Law (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Kennesaw State University (1)
- Mississippi College School of Law (1)
- Saint Louis University School of Law (1)
- School of Education and Human Development at the University of Colorado Denver (1)
- St. John's University School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- University of Massachusetts Boston (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of North Carolina School of Law (1)
- University of Pittsburgh School of Law (1)
- University of Rhode Island (1)
- University of Richmond (1)
- Publication
-
- Leigh S. Goodmark (9)
- Pace International Law Review (7)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (6)
- William & Mary Journal of Race, Gender, and Social Justice (6)
- Jennifer Jackson (4)
-
- Danaya C. Wright (3)
- Faculty Publications (3)
- All Faculty Scholarship (2)
- Articles (2)
- Eve Tilley-Coulson (2)
- Faculty Articles and Other Publications (2)
- Jonathan Todres (2)
- Leti Volpp (2)
- Michigan Journal of Gender & Law (2)
- Michigan Journal of Race and Law (2)
- Nancy Dowd (2)
- Seattle University Law Review (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- Akron Law Faculty Publications (1)
- Allison Anna Tait (1)
- Amy L Moore (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Ashley R Brown (1)
- Aya Gruber (1)
- Book Chapters (1)
- Catharine Richmond (1)
- Cathren Page (1)
- Center for Social Policy Publications (1)
- Colleen McGloin (1)
- Cory A DeLellis (1)
- Publication Type
- File Type
Articles 31 - 60 of 117
Full-Text Articles in Law
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh
Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh
Kerry L Macintosh
Fertility in women declines significantly at age thirty-two and takes a sharp downward turn at age thirty-seven. Miscarriages also increase with age. In vitro fertilization cannot reverse the effects of aging, and embryo screening, egg freezing, and egg donation are imperfect solutions.
Unfortunately, many women fail to grasp these facts until it is too late. Various factors are to blame, including physicians who shy away from the topic of age-related fertility decline, persistent messaging about the need for pregnancy prevention (implying that conception is easy), and media accounts of celebrities who are pregnant in their forties.
This Article argues that …
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent J. Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Claiming A Space In The Law School Curriculum: A Casebook On Sex-Based Discrimination, Herma Hill Kay
Claiming A Space In The Law School Curriculum: A Casebook On Sex-Based Discrimination, Herma Hill Kay
Herma Hill Kay
The article presents information on a law school casebook on sex-based discrimination in Columbia. It provides information that it has raised the legal issues of a law school related to traditional curriculum on women and the law that affects women law students. It informs that it focused on sex discrimination in employment to law students and graduates with using own prepared material regarding law school. It reveals that sexual interaction within the family, women and crime, and women and employment issues has been discussed in the seventh edition of the law school casebook.
Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh
Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh
Kevin M Walsh
Our progressive tax rate structure is aimed at taxing citizens fairly and based on their ability to pay. The rate structure, however, partially loses its purpose when analyzing the income taxation of married individuals. If a married couple decides to file jointly they are sometimes taxed at higher rates than individuals are depending on the incomes of the couple. This has created what we know today as the “marriage penalty,” and it can serve as a deterrent to the secondary earner from working.
There is no simple solution to address how the marriage penalty, in combination with necessary expenses, affects …
"That Gear Stick Is Not Your Husband's P----." Why The Dissent In Vance V. Ball State University Got It Right, And A Comparison Of The Law Of Employer Vicarious Liability For Sexual Harassment In The United States And South Africa, Justin A. Behravesh
Justin A. Behravesh
This article provides unique critical analysis of the United States Supreme Court's June 2013 decision of Vance v. Ball State University, by comparing that decision to recent South African common law and statutory developments. I argue that Vance's redefinition of what constitutes a "supervisor" for purposes of vicarious liability will have devastating effect on working women in the United States. Ultimately using South African law as a model framework, I conclude that the factors that should trigger vicarious liability should be based on policy concerns, not arbitrary definitions of what constitutes a "supervisor."
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? My goal is to provide answers to these questions, and to discuss …
Norway’S Companies Act: A 10-Year Look At Gender Equality, Kristen Carroll
Norway’S Companies Act: A 10-Year Look At Gender Equality, Kristen Carroll
Pace International Law Review
This analysis assesses the amendment to Norway’s Companies Act, in light of the 10-year anniversary of the mandate of female representation on corporate boards. First, I discuss the implementation of the quota, Section 6-11a. Second, I compare three statistical studies that analyze the effects of the quota on corporate profitability, overall firm performance, and the changing dynamics of the managerial positions. Finally, I evaluate the various avenues to fully achieving diversity, such as the successes and failures of a quota-type system and possible initiatives that governments and companies can enact to achieve gender-balance in the workplace. While some hypothesize that …
Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt
Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt
Pace International Law Review
The very recent and highly mediatized “Declaration of the 343 Salauds”, where 343 (male) signatures in support of prostitution in a form designed to echo the highly significant declaration of as many women in 1971 in favor of the legalization of abortion, sheds particularly interesting light upon debate about sex regimes in connection with French law. France has recently introduced compulsory quotas for women in corporate boards after imposing la parité for public appointments. A comparative perspective, confronting this recent legislative development from across the Atlantic with policy views on affirmative action and philosophical conceptions of diversity in the United …
Gender Quotas For Corporate Boards: Options For Legal Design In The United States, Anne L. Alstott
Gender Quotas For Corporate Boards: Options For Legal Design In The United States, Anne L. Alstott
Pace International Law Review
Recently, U.S. activists, scholars, and policy makers have turned their attention to one notable effort to address the gender gap in management: gender quotas for corporate boards of directors. Twelve European countries have pioneered quotas in this context. France, Italy, the Netherlands, Norway, and Belgium now have mandatory quotas ranging from 30%-40%. Spain, Germany, Denmark, Finland, Greece, Austria, and Slovenia have voluntary quotas, and Germany and the EU are considering legislation to mandate quotas. Gender quotas for corporate boards represent an intriguing option, even if the case for quotas is not airtight. The argument for gender quotas rests on a …
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade
Pace International Law Review
The excellent conference organized by Darren Rosenblum comparing global approaches to board diversity inspired me to think about how progress in this context has unfolded in the United States. Even though the issue of diversity on corporate boards has become a global issue, few U.S. boards have moved beyond mere tokenism when it comes to female directors. One reason for the lack of diversity among corporate directors is that board selection has been based on membership in a particular network. This essay, however, focuses on the persisting problem of discrimination—a more invidious explanation for the fact that very few corporate …
A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome
A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome
Pace International Law Review
This symposium essay summarizes our ongoing ethnographic research on corporate board diversity. This research is based on fifty-seven interviews with corporate directors and a limited number of other persons of interest (including institutional investors, executive search professionals, and proxy advisors) regarding their views on race and gender diversity in the boardroom.
Using a method rooted in anthropology and discourse analysis, we have worked from a general topic outline and conducted open-ended interviews in which respondents are encouraged to raise and develop issues of interest to them. The interviews range from forty-five minutes to two hours in length and each interview …
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Pace International Law Review
My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …
Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum
Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum
Pace International Law Review
In February 2013, on the day of the worst snowstorm in many years, Pace International Law Review conducted a symposium on “Comparative Sex Regimes and Corporate Governance.” Despite a total shutdown of all transport networks and the consequent absence of a few stranded scholars, we met to discuss the fraught questions posed by corporate board quotas and formulate answers.
Led by Norway in 2003, several nations have begun to mandate certain levels of women’s inclusion on corporate boards. In the face of widespread exclusion of women from corporate power that suggests structural biases, these quotas appear radical and compelling. The …
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Pace Law Review
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …
An Exploration Of Sexual Victimization And Academic Performance Among College Women, Carol E. Jordan, Jessica L. Combs, Gregory T. Smith
An Exploration Of Sexual Victimization And Academic Performance Among College Women, Carol E. Jordan, Jessica L. Combs, Gregory T. Smith
Office for Policy Studies on Violence Against Women Publications
The literature has documented the widespread nature of sexual assault victimization among college women. While the aftermath of violence against university women has also received focus, that is, documenting trauma-related sequelae; risk factors; reporting patterns; and legal interventions, the impact on academic performance has not received adequate attention in the literature. The primary purpose of this study was to explore the association of rape and sexual assault with academic performance among college women. Its specific aims included the following: to compare high school and college sexual assault experiences with collegiate grade point averages (GPAs) at key points in time; to …
Human Rights, Women, And Third World Development, Winston E. Langley
Human Rights, Women, And Third World Development, Winston E. Langley
Winston E. Langley
As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …
Commodification Of The Female Egg: Stem Cell Technology And The Future, Rachel Rose Ostrander
Commodification Of The Female Egg: Stem Cell Technology And The Future, Rachel Rose Ostrander
Rachel Rose Ostrander
As the science of stem cell research progresses it is difficult to tell what implications it will have on our society and for women. I will begin this discussion by examining how science has viewed women in the past, and use this as a basis to conjecture about how they will be viewed and treated in the future. Prevalent gender bias in scientific writing should be a cause for concern as the science of stem cell research and commodification of the female egg becomes more of a reality.
The process of egg donation has stirred much debate in the feminist …
Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams
Dan Subotnik, Toxic Diversity: Race, Gender, And Law Talk In America, Hannah Abrams
Touro Law Review
No abstract provided.
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark
"Law And Justice Are Not Always The Same": Creating Community-Based Justice Forums For People Subjected To Intimate Partner Abuse, Leigh S. Goodmark
Leigh S. Goodmark
What constitutes justice in cases involving intimate partner abuse has historically been determined not by the person subjected to abuse, but rather an actor within the legal system—a police officer, a prosecutor, an advocate, or a judge—and those individuals most often define justice in terms of what the legal system has to offer. People subjected to abuse may conceive of justice quite differently, however, in ways that the legal system is not well suited to address. For people subjected to abuse who are interested in punishment, whose goals are congruent with the legal system’s goals of safety and accountability (as …
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh S. Goodmark
Convergeing Around The Study Of Gender Violence: The Gender Violence Clinic At The University Of Maryland Carey School Of Law, Leigh S. Goodmark
Leigh S. Goodmark
Domestic violence clinics have been a staple of law school clinical programs since the 1980s. The University of Maryland Francis King Carey School of Law recently created the nation’s first Gender Violence Clinic, however. This article describes the motivation for taking a broader approach to gender based violence, the types of cases handled by the clinic, the challenges posed by the clinic structure, and the pedagogical goals for the clinic.
Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey
Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey
Nevada Law Journal
No abstract provided.
Gender And Armed Conflict, Christine Chinkin
Gender And Armed Conflict, Christine Chinkin
Book Chapters
The construction of social sex and gender roles means that armed conflict is sexed and gendered. Men still make up the majority of the fighting forces, while women's generally unequal and subordinate social and economic position makes them vulnerable in particular ways during conflict. Women and men, girls and boys all suffer gender-based violence. Such violence is directed at a person because of his or her gender. For instance men sustain specific harms such as disappearances and deliberate killings in greater numbers than women, while women disproportionately experience sexual violence. The detention of Bosnian Muslims at Potocari on 12 July …
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark
Leigh S. Goodmark
No abstract provided.
Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark
Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
Mothers, Domestic Violence And Child Protection: An American Legal Perspective, Leigh S. Goodmark
Mothers, Domestic Violence And Child Protection: An American Legal Perspective, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark
A Troubled Marriage: Domestic Violence And The Legal System, Leigh Goodmark
Leigh S. Goodmark
The development of a legal regime to combat domestic violence in the United States has been lauded as one of the feminist movement’s greatest triumphs. But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state’s priorities for …
Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark
Reframing Domestic Violence Law And Policy: An Anti-Essentialist Proposal, Leigh Goodmark
Leigh S. Goodmark
This Article focuses on a central failure in domestic violence law and policy reform—the creation of a body of law and set of policies based on outmoded notions of what domestic violence is, the identities of the women who experience violence, the identities of their partners, and what such women need and want. The theoretical underpinnings of domestic violence law and policy largely are to blame for this excessively narrow and problematic view of domestic violence.
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh Goodmark
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh Goodmark
Leigh S. Goodmark
No abstract provided.
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce
Oglethorpe Journal of Undergraduate Research
America has fallen behind in women's leadership, especially in politics. In the approaching era, there will be more viable female political candidates than ever in the past, but will the public be prepared to elect a woman to high office? Studies suggest that mentalities toward female leadership have taken a shift in a positive direction. The idea of what an 'ideal' politician must offer is more feminine in the modern era than ever before. In the age of social media, female politicians have opportunities to reach more constituents through social media in a more effective way than has been offered …