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Articles 1291 - 1320 of 1998
Full-Text Articles in Law and Gender
Respectable Queerness, Yuvraj Joshi
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens
American Indian Law Journal
No abstract provided.
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
The Public Nature Of Indian Reservation Roads, M. Brent Leonard
American Indian Law Journal
No abstract provided.
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith
American Indian Law Journal
No abstract provided.
Gas Tax Agreements In Indian Country, Jonathan White
Gas Tax Agreements In Indian Country, Jonathan White
American Indian Law Journal
No abstract provided.
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott
American Indian Law Journal
No abstract provided.
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
Pepperdine Dispute Resolution Law Journal
This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …
Hispanic National Bar Association National Study On The Status Of Latinas In The Legal Profession - Few And Far Between: The Reality Of Latina Lawyers, Jill L. Cruz, Melinda S. Molina
Hispanic National Bar Association National Study On The Status Of Latinas In The Legal Profession - Few And Far Between: The Reality Of Latina Lawyers, Jill L. Cruz, Melinda S. Molina
Pepperdine Law Review
No abstract provided.
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett
Faculty Scholarship
This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. …
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …
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 …
Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik
Peacemaking & Provocation: A Response To Professor Tracey Jean Boisseau, Dan Subotnik
Scholarly Works
No abstract provided.
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
Scholarly Works
As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …
Subordinate Bias Liability, Theresa M. Beiner
Subordinate Bias Liability, Theresa M. Beiner
Law Faculty Scholarship
No abstract provided.
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 …
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Articles by Maurer Faculty
The racial and ethnic ancestries of blacks benefiting from affirmative action is changing, as foreign-born blacks and blacks with a non-black parent constitute disproportionately large percentages of blacks attending many selective higher education institutions. Coupled with the challenges arising from the educational achievement levels of black males during the past two decades, Brown and Turner examine the implication of these developments and the likelihood that they are creating further disadvantages for black women lawyers.
If It’S Broken, Let Them Fix It: Why The Gebser Pre-Litigation Notice Requirement Should Apply To Title Ix Athletics Lawsuits, Zachary Swartz
If It’S Broken, Let Them Fix It: Why The Gebser Pre-Litigation Notice Requirement Should Apply To Title Ix Athletics Lawsuits, Zachary Swartz
Catholic University Law Review
No abstract provided.
Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley
Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley
Scholarly Works
While Las Vegas has always been known for its libertarian attitudes toward gambling and sexually provocative shows, after a short, failed attempt during the 1990’s to characterize itself as a family destination, the City has turned up the heat. Las Vegas, which relies increasingly on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. There is, however, trouble in paradise. A number of the casino-based clubs (both day and night) have been sued; others have closed due to illegal prostitution; some have paid large fines to the …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
Gender, Family, And Work, Marcia L. Mccormick
Gender, Family, And Work, Marcia L. Mccormick
All Faculty Scholarship
The country has prohibited sex discrimination since the 1960’s, but society continues to view women and men differently because women give birth, breastfeed, and are traditional caregivers. This article takes a historical look at court decisions and legislative efforts to address equality where men and women are not similarly situated and also explores recent developments and current debates, such as caregiver discrimination, lactation rooms and breaks, and the Affordable Care Act’s contraceptive mandate. Despite the abundance of legislation and court decisions over the past forty years, much progress still needs to be made.
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
All Faculty Scholarship
Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
Faculty Scholarship
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …
Work-Family Conflict And The Pipeline To Power: Lessons From European Gender Quotas, Julie C. Suk
Work-Family Conflict And The Pipeline To Power: Lessons From European Gender Quotas, Julie C. Suk
Articles
The article examines the persistent gender disparities at the top of the legal profession, attributing them to work-family conflict and the disproportionate impact of caregiving responsibilities on women. It explores European gender quotas as a potential solution, arguing that such measures address the legitimacy and effectiveness of institutions by ensuring gender parity in leadership positions. While acknowledging the challenges in implementing quotas in the U.S., the analysis suggests that European approaches offer valuable insights for addressing the "leaky pipeline" and advancing gender equality in the legal profession.
Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke
Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of …
Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake
Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler
Cardozo Law Review
No abstract provided.
"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait
"Mancession" Or "Momcession"?: Good Providers, A Bad Economy, And Gender Discrimination, Joan C. Williams, Allison Tait
Chicago-Kent Law Review
In the aftermath of the 2008 economic downturn, two of the hardest hit industries were manufacturing and construction. As a result, men became unemployed at a higher rate than women, and consequently, women—for the first time ever—became over fifty percent of the employment. This "mancession" gave rise to great debate over the place of women in the workforce and the important role that employment plays in shaping male identity. An intervening critique came in the form of the "momcession" discourse that focused on the impact of the recession on mothers, who were often responsible for caretaking, homemaking, and providing the …
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Michigan Law Review
Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …