Law and Gender Commons^™

The Mixed Messages Of Title Ix, Sherman J. Clark

University of Michigan Journal of Law Reform

Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.

Because We Love You, Rosemary B. Quigley

Michigan Law Review

I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …

What’S Wrong With Sexual Harassment?, Katherine Franke

Women’s Law Forum (2000-2006)

In a lecture given at Villanova University School of Law in March 2000, Professor Franke addressed the recent Supreme Court decisions that have sought to clarify the nature of the right against sexual harassment in the workplace. Professor Franke discussed these cases and critiqued the way in which the court's new jurisprudence of sexual harassment creates structural impediments to remedying the problem of sexual harassment in the workplace.

The Glass Ceiling For Women In Legal Education: Contract Positions And The Death Of Tenure, Marina Angel

Journal of Legal Education

No abstract provided.

Stop The Presses: Gender Differences Discovered In The Legal Writing Profession, Jo Anne Durako

Women’s Law Forum (2000-2006)

After 25 years of empirical research gathered by legal writing professors to study the legal writing profession, Professor Durako discovered a disturbing disparity. Inclusion of a question regarding gender differences in the legal writing profession in a recent survey revealed some startling news: women directors of legal writing programs are treated less well than men.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky

UF Law Faculty Publications

In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.

Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister

Faculty Scholarship

Most courts hold that, by agreeing to have an illegal abortion, a woman forfeits her right to recover for injuries tortuously inflicted during that abortion. Nevertheless, most courts do permit suits by those injured in the course of committing other crimes, and they usually do so without considering whether plaintiff's criminal conduct should prevent recovery. Part II of this Article explores and discredits the reasons offered for prohibiting recovery in abortion suits. 21 Part III analyzes, on a chronological basis, each state's decisions prohibiting such recovery. Part IV discusses possible explanations for the abortion decisions, noting that these women's claims …

Sexual Harassment And Racial Disparity: The Mutual Construction Of Gender And Race, Tanya K. Hernandez

Faculty Scholarship

For a number of years, commentators have proffered anecdotal evidence to suggest that women of color figure prominently as sexual harassment plaintiffs. Until recently, a systematic statistical analysis of women's experiences of sexual harassment by race was largely unavailable. For the first time, this Article comprehensively analyzes Equal Employment Opportunity Commission (EEOC) sexual harassment charge statistics, by looking at data from the last seven years along with Lexis-Nexis and Westlaw electronic reports of sexual harassment complaints for the last twenty years. What immediately becomes apparent in this statistical analysis of sexual harassment charges in the United States is the overrepresentation …

Crossing The River Of Blood Between Us: Lynching, Violence, Beauty, And The Paradox Of Feminist History, Emma Coleman Jordan

Georgetown Law Faculty Publications and Other Works

Understandably, early feminist legal theory and history focused almost exclusively on establishing white women's autonomy against white male dominance. The vehicles of nineteenth century women's liberation included elements of public equality such as ownership of property, the right to vote, access to male dominated occupations, equal education and employment opportunity. Twentieth century feminists extended the equality project by penetrating the "private" sphere and attacking the very notion of a separate zone of family relations which was immune from government intervention to protect women from male abuse. Cultural feminists like Carol Gilligan took another approach, arguing that women's experiences as sexual …

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Faculty Publications

(Excerpt)

A transgendered woman, who has undergone extensive hormonal therapy and cosmetic surgery, is convicted and imprisoned. Because she still has a penis, albeit a nonfunctioning one, prison officials categorize her as a male, and place her in a men's prison. "You were born a boy, and you're going to stay a boy," the prison doctor says, rejecting continuation of her long-term estrogen treatment. Her body begins to regain the masculinity she had largely escaped. Bruised by the changes, her body no longer feels like her own, but one imposed on her by the criminal justice system. Her femininity stands …

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

All Faculty Scholarship

At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …

Panel Two: Who's Minding The Baby?, Adrienne D. Davis, Catherine J. Ross, Marion Crain, Bonnie Thornton Dill

Scholarship@WashULaw

This publication is a transcript of remarks made by multiple law professors discussing the relationship between race, gender, and class and focusing on feminism and the challenges faced by working mothers.

Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon

Faculty Articles

Race and gender become even more abstract in the disembodied presence they inhabit online. This article outlines the importance of being sensitive to the under-identified online presence of race and gender related issues, with an in depth discussion of the complications these issues face.

Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse

Faculty Articles

Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …

Linking The Visions, Christina B. Whitman

Other Publications

Professor Christina Whitman talks about her teaching and her work.

Foreword-Symposium: Gender, Work & Family Project Inaugural Feminist Legal Theorylecture, Adrienne D. Davis, Joan C. Williams

Scholarship@WashULaw

This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later. The second is her equally influential Feminist Theory Workshop, which she began at the University of Wisconsin, and has since moved to Columbia University and now to Cornell. The annual Workshop has provided the opportunity for scores of scholars to present papers related to feminist jurisprudence, helping …

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.