Law and Gender Commons^™

The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo

Center for Business Research and Development

The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).

On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …

Gender Nonconforming Expression And Binary Thinking: Understanding How Implicit Bias Becomes Explicit In The Legal System, Considering The Shooting Death Of Philando Castile, Patrick C. Brayer

Faculty Works

Theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal profession can learn from artists and thinkers on the cutting edge of gender non-conforming expression. Understanding how individuals stigmatize, and at times discriminate against, gender fluid people by limited and binary thinking is an important progression in comprehending how implicit bias (specifically against people of color) becomes explicit and influences legal actors including law enforcement and jurors. The tragic shooting of Philando Castile …

Sick And Tired Of Hearing About The Damn Bathrooms, Colin Pochie

Chicago-Kent Law Review

Gavin Grimm’s struggle to access restrooms which align with his gender identity brought the plight of transgender students to the fore of national consciousness. With it came scrutiny of the judiciary’s historical failure to understand transgender individuals’ place in the law. The trend in cases like G.G. ex rel. Grimm v. Gloucester County School Board and Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education is reliance on equality theory and the law of sex stereotyping. And yet sex-stereotyping law does not mesh soundly with equality theory. Equality theory eradicates gendered difference—but the law of …

Maine's "Act To Protect Traditional Marriage And Prohibit Same-Sex Marriages": Questions Of Constitutionality Under State And Federal Law, Jennifer B. Wriggins

Maine Law Review

In 1997, Maine's Legislature passed “An Act to Protect Traditional Marriage and Prohibit Same-Sex Marriages” (Act). The summary attached to the bill states that the bill “prohibits persons of the same sex from contracting marriage.” The bill was the verbatim text of an initiative petition. Civil marriage in Maine and other states is regulated by state statute, and marriage regulation is generally considered to be within the state's police power. However, the state's power to regulate marriage is subject to constitutional limitations. I maintain that “heightened scrutiny” should be applied to the Act because the Act creates a gender-based classification, …

Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Maine Law Review

In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for a …

Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn

Maine Law Review

Predicting the ways in which feminisms might develop in the next century is unfortunately well beyond my own capabilities. In the next decade or two, however, one thing I believe we might want to think about are the relationships between feminisms and global free market capitalisms. The question I am asking, simply stated, is the extent to which economic development (free-market global capitalism) advances, is neutral toward, or harms women. One traditional American way of viewing the global free market is to tout economic development as a panacea for the problems facing the world's poorest and most violated group, women. …

The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg

Maine Law Review

The Pregnancy Discrimination Act (PDA) has been effective in making the most egregious and obvious forms of pregnancy discrimination illegal. Unfortunately, the PDA has also acted as a shield behind which employers can hide as they discriminate against their pregnant employees. The result is that the PDA permits discrimination based on the very sort of stereotyping that it was expected to eradicate. There are two dominant stereotypes of pregnant women. Both are inconsistent with the image of a good worker. One stereotype connects pregnant women with the home. In one form or another it says, “Pregnant women are/should be preoccupied …

Born This Way: Transgender Student Access To School Bathrooms, Madison Shaner

University of Colorado Law Review Forum

No abstract provided.

Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo

Seattle Journal for Social Justice

No abstract provided.

On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris

Seattle Journal for Social Justice

No abstract provided.

“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya

Seattle Journal for Social Justice

No abstract provided.

Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Edwin G. Lindo, Brenda Williams, Marc-Tizoc Gonzalez

Seattle Journal for Social Justice

No abstract provided.

Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry

Maine Law Review

Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. Jurisdictions across the country have also been struggling with the issue, and no clear consensus has emerged. Besides highlighting a wide variance between state laws, the debate over single-sex health clubs illuminates tensions within current feminist thought and within the current legal doctrine surrounding public accommodations statutes. Specifically, the presence of single-sex health clubs, like the question of single-sex schools, asks whether, in some contexts, it is legally and morally acceptable for men and …

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Perfecting Procreation, Courtney Cahill

Scholarly Publications

No abstract provided.

Sexual Privacy, Danielle Keats Citron

Faculty Scholarship

Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.

At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …

After Sex, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Intimate Partner Violence & Men’S Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

This article examines how men'sprofessional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the nascent …

Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce

The Modern American

No abstract provided.

A (Not So) Simple Question: Does Title Ix Encompass “Gender”?, 51 J. Marshall L. Rev. 225 (2018), J. Brad Reich

UIC Law Review

This article has five sections. Section I looks at critical, operational, definitions of “sex” and “gender.” As we shall see, the terms are not synonyms. That distinction is important as section II takes us back to Title IX’s original text. That language prohibited discrimination based on sex, but it remains silent on the issue of gender. Section III then examines how Title IX evolved in terms of depth, breadth, and scope. The most recent expansion brought campus sexual violence procedures under Title IX. That development may be particularly thought provoking as sexual violence, like gender, is not part of Title …

Draft Of A Letter Of Recommendation To The Honorable Alex Kozinski, Which I Guess I'M Not Going To Send Now, Yxta Maya Murray

Michigan Journal of Gender & Law

This legal-literary essay engages the current social and jurisprudential moment, encapsulated by the hashtag #metoo. It focuses on the allegations, made in the first week of December 2017, that Ninth Circuit Court of Appeals Judge Alex Kozinski verbally sexually harassed former law clerks Emily Murphy and Heidi Bond. I wrote the lioness’s share of the piece during December 10–11—that is, in the days before news outlets reported that other women complained of Kozinski touching them on the thigh or breast while propositioning them for sex or discussing recent sexual encounters—and concluded that Kozinski was unlikely to face impeachment or meaningful …

Removing State Constitution Badges Of Inferiority, Allan W. Vestal

Lewis & Clark Law Review

Our state constitutions contain archaic, ineffective, and unnecessary provisions that assign badges of inferiority to some citizens. Using Thomas Jefferson’s standard for when constitutional imperfections justify amendment, this Article identifies two groups of clauses. The first are provisions that were substantially exclusionary as enacted and relate to unconstitutional practices. Included are provisions relating to religious tests for public office, segregated schools, bars to marriage equality, and religious tests for witness competency. The second group are provisions that were symbolically exclusionary as enacted and are redolent of a prejudiced history. Examples involve the use of gendered language, clauses which make inappropriate …

“Sex” Is Messy (And Always Has Been): A Textualist Argument For Application Of Title Vii To Sexual Orientation Discrimination, Rebecca J. Ok

Lewis & Clark Law Review

Three recent cases have created a circuit split as to whether Title VII’s prohibition on discrimination “because of . . . sex” applies to sexual orientation discrimination, priming this issue for Supreme Court review. Events suggesting a textualist turn on the Supreme Court mean the advocate must consider whether a textualist argument can be made for application of Title VII to sexual orientation discrimination. Treatment of the topic of sexual orientation by the medical community, the commercial film industry, and the mainstream news media in the 1960s is examined. It is argued that treatment of the topic of sexual orientation …

Equal Work, Stephanie Bornstein

UF Law Faculty Publications

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney

UIC Law Review

No abstract provided.

Faith-Based Emergency Powers, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a legal strategy in the culture wars. This typically involves carving faith-based exceptions to rights of women and LGBT people. The novel concept of Faith-Based Emergency Powers is developed in this Article through an analogy to “traditional” emergency powers. In the war-on-terror, conservatives have argued that judges, legislators and the public must defer to the President and the executive branch in matters involving national security. As scholars have shown, this position has three …

How Is Sex Harassment Discriminatory?, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

What is sexual harassment, and what is its actual harm? Since the 1980s, these two questions have perplexed lawmakers, policymakers, feminists, and the public. Today, with the rise of #MeToo, and with increased national attention to Title IX claims regarding sexual violence on college campuses, these questions are once again in the spotlight. As some commentators have observed, in the last several years lawmakers and policymakers have been increasingly influenced by a feminist antisubordination approach to sexual harassment and assault. This growing influence is currently reflected in more strict standards of consent (“affirmative consent”) to sex, in higher procedural and …

Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang

Scholarly Works

In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.