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Articles 1 - 21 of 21
Full-Text Articles in Law
Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer
Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer
Richard M Weinmeyer
Since the early 1990s, legislative and policy reforms have spurred the inclusion of women of childbearing potential in clinical research overseen by the National Institutes of Health and the U.S. Food and Drug Administration. Pregnant women have received no such help, however, despite the tremendous medical needs of this important demographic. This article argues that the exclusion of pregnant women from biomedical research in the United States constitutes sex discrimination as a matter of public policy given the interpretation of existing regulations governing human subjects protections. The current regulations that are in place guiding research on human subjects treat pregnant …
Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill
Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill
David S Caudill
No abstract provided.
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin
University of Michigan Journal of Law Reform
In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court's ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims' decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to …
The Equal Rights Amendment: The Contribution Of Our Generation Of Americans, Walter Karabian
The Equal Rights Amendment: The Contribution Of Our Generation Of Americans, Walter Karabian
Pepperdine Law Review
No abstract provided.
The Equal Rights Amendment And The Courts, Mary C. Dunlap
The Equal Rights Amendment And The Courts, Mary C. Dunlap
Pepperdine Law Review
No abstract provided.
Is "Different But Equal" The New "Separate But Equal"? Nclb's Single-Sex Schooling Option Signals New Horizons For Some While Challenging Equal Education Convictions For Others , Elaine Ekpo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii
Pepperdine Law Review
No abstract provided.
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Pepperdine Law Review
The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner
Pepperdine Law Review
No abstract provided.
Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein
Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein
Pepperdine Law Review
Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978 prohibits sex discrimination on the basis of pregnancy. In Newport News Shipbuilding and Dry Dock Co. v. EEOC, the United States Supreme Court extended the scope of the Act to include not only female employees, but also female dependents of male employees. The author examines the Supreme Court's analysis of and the legislative intent behind the Pregnancy Discrimination Act and explores the future impact of the decision.
Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull
Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull
Pepperdine Law Review
In Mississippi University for Women v. Hogan, the United States Supreme Court was presented with an equal protection challenge initiated by a male who was denied admission to a state-supported all-female school of nursing. After a review of relevant decisions in this area, the author examines the Supreme Court's intermediate level of scrutiny analysis and argues that application of a higher level of scrutiny to gender-based classifications is a prerequisite to true equality between the sexes.
Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi
Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi
Faculty Scholarship
If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal …
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Flexible Scheduling And Gender Equiality: The Working Families Flexibility Act Under The Fourteenth Amendment, Lane C. Powell
Michigan Journal of Gender & Law
The Working Families Flexibility Act (“WFFA”) as proposed in 2012 would create a federal right for employees to request flexible work arrangements. However, the bill contains no private right of action for employees to enforce this new right. By reframing the WFFA as an anti-discrimination statute targeting unconstitutional sex discrimination on the part of the States, the WFFA could be upheld under Section 5 of the Fourteenth Amendment, allowing Congress to provide a private right of action for both private and state employees. This Note uses the Supreme Court’s decisions on the Family Medical Leave Act in Hibbs and Coleman …
Pluralidad Jurídica E Impunidad: Las Dos Caras De La Justicia Para Las Mujeres Indígenas Desplazadas En Colombia, Michael Cruz Rodríguez
Pluralidad Jurídica E Impunidad: Las Dos Caras De La Justicia Para Las Mujeres Indígenas Desplazadas En Colombia, Michael Cruz Rodríguez
American University International Law Review
No abstract provided.
Teaching The Post-Sex Generation, Kerri Lynn Stone
Teaching The Post-Sex Generation, Kerri Lynn Stone
Faculty Publications
There is a trend that I have observed in the course of leading my classes in discussions about the kinds of behavior that may constitute unlawful discrimination: the emergence of an attitude among students that society is simply “post-sex,” or no longer in need of most or all anti-sex discrimination jurisprudence. This Article details my own approach to teaching and to raising and conducting discussions about how anti-discrimination legislation and jurisprudence works in theory, in practice, and how it would/could work in an ideal world. I enjoy teaching students with a diversity of viewpoints. However, when I began to encounter …
Gender Equality And Indigenous Peoples' Right To Self-Determination And Culture, Maria Noel Leoni Zardo
Gender Equality And Indigenous Peoples' Right To Self-Determination And Culture, Maria Noel Leoni Zardo
American University International Law Review
No abstract provided.
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
University of Colorado Law Review
No abstract provided.
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
The Cost Of Non-Compensable Workplace Harm, Henry L. Chambers, Jr.
Law Faculty Publications
This essay briefly addresses the limited fashion in which Title VII remedies sex discrimination in the workplace. Those limitations fall into three broad categories. The first encompasses how courts have applied procedural rules to Title VII claims. The second involves Title VII's explicit limitation on its coverage. The third includes substantive limitations that courts have placed on causes of action that are clearly covered by Title VII. This essay addresses those categories in turn.
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Articles
In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …
The Family And The Market At Wal-Mart, Naomi Schoenbaum
The Family And The Market At Wal-Mart, Naomi Schoenbaum
GW Law Faculty Publications & Other Works
The Supreme Court’s decision in Wal-Mart Stores v. Dukes received much attention for what it means for collective litigation. Far less attention has been paid to what the case reveals about sex discrimination law. This symposium contribution uses an overlooked aspect of the Dukes case — the challenge to Wal-Mart’s relocation policy — as a lens to explore employment discrimination law’s failure to adequately take account of employees’ families in a way that further entrenches the family-market divide and seriously hinders the promise of sex discrimination law.
The challenge to the relocation policy exposes how employment discrimination law simultaneously pays …
Ruth Bader Ginsburg's Equal Protection Clause: 1970-80, Wendy Webster Williams
Ruth Bader Ginsburg's Equal Protection Clause: 1970-80, Wendy Webster Williams
Georgetown Law Faculty Publications and Other Works
Professor Ruth Bader Ginsburg of Columbia Law School was the leading Supreme Court litigator for gender equality in the crucial decade, 1970-80. In addition to teaching her classes, producing academic articles, and co-authoring the first casebook on sex discrimination and the law, she worked on some sixty cases (depending on how one counts), including over two dozen cases in the Supreme Court. Rumor has it she did not sleep for ten years; her prodigious output gives the rumor some credence. Her impact on the law during that critical decade earned her the title "the Thurgood Marshall of the women's movement" …