Law and Gender Commons^™

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 …

Book Annotations, Leah Chan Grinvald

Scholarly Works

No abstract provided.

Exploring The Law Of Law Teaching: A Feminist Process, Kathryn M. Stanchi

Scholarly Works

No abstract provided.

The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

To write of feminist reform in the criminal law is to write of simultaneous success and failure. We have seen marked changes in the doctrines and the practice of rape law, domestic violence law, and the law of self-defense. There is not a criminal law casebook in America today, nor a state statute book, that does not tell this story. Yet for all of this success, we also live in a world in which reform seems to suffer routine failures. Many believe, for example, that feminist reforms have rid rape law of the resistance requirement; however, recent scholarship makes it …

Masthead - Cardozo Women's Law Journal, Vol. 7 (2000-01)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein

Cardozo Journal of Equal Rights & Social Justice

The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth

Scholarly Works

This Essay is about Ellenor Frutt, Annie Dornell, Joyce Davenport, and other women criminal defense attorneys of prime time television. It examines how high-stakes network television presents sympathetic stories about women working as criminal defense attorneys while simultaneously supporting the popular thirst for the harshest criminal penalties. Real women who choose to represent criminal defendants are fundamentally out of step with angry and unforgiving attitudes toward crime and criminals. Indeed, women defenders have chosen work that puts them in direct opposition to the widespread public willingness to incarcerate record numbers of Americans, often young African-American and Latino men, for longer …

Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk

UC Law SF Journal on Gender and Justice

Increasingly, consumers are turning to herbal remedies to help heal what ails them. This note explores the past and present regulation of herbal remedies. The Dietary Supplement Health and Education Act (DSHEA) of 1994 provided a convenient regulatory vehicle-"dietary supplements"-for herbal remedies to enter the market with labeling that claims a positive effect on the structure or function of the body or on one's general sense of well-being. This note argues that DSHEA fails as a regulatory system for herbal remedies. While it safeguards access to herbal remedies, DSHEA only allows vague labeling information suggesting the therapeutic potential of the …

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

UC Law SF Journal on Gender and Justice

The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …

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 …

The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Part One of this article provides a phenomenological and hedonic critique of the conception of the human - and thus the female - that underlies liberal legal feminism. Part Two presents a phenomenological critique of the conception of the human - and thus the female - which underlies radical feminist legal criticism. Again, I will argue that in both cases the theory does not pay enough attention to feminism: liberal feminist legal theory owes more to liberalism than to feminism and radical feminist legal theory owes more to radicalism than it does to feminism. Both models accept a depiction of …

Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl

Scholarly Articles

The creation of the International Criminal Court (ICC) enables the international community to hold accountable those who inflict violence in the form of sexual and ethnic hatred. Drawing on case studies from Rwanda and Bosnia, the author observes the extent to which retributive criminal justice can deter offenders and foster structural societal change.

Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers

Articles

South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …

Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Over the past decade, the subject of publicly supported, single-sex education has generated considerable debate in legal and policy circles. Since 1996, much of that debate has centered around the Supreme Court's decision in the Virginia Military Institute case and how that case intersects with Title IX of the Education Amendments of 1972. In VMI, Justice Ginsburg, speaking for the Court, stated that gender classifications must have "an exceedingly persuasive justification" in order to pass muster under the Fourteenth Amendment equal protection clause. That decision has become a key factor in recent efforts by school districts to establish …

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

Faculty Publications

(Excerpt)

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. One day in 1996, Foster entered the club, which was located close to his Boston condominium, and asked for a tour and an application for membership. The club employees, however, refused him a tour, informing him that Healthworks did not admit men. Shortly thereafter, Foster filed a discrimination claim with the Massachusetts Commission Against Discrimination contending that Healthworks had violated the Massachusetts public accommodations statute. He won at the administrative hearing, and Healthworks …

"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 …

Chronicling A Movement: 20 Years Of Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas

Cleveland State Law Review

Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.

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 …

Foundational Myths And The Reality Of Dependency: The Role Of Marriage, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews

Articles & Chapters

South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …

“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.

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 …

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.