Law and Gender Commons^™

Summers' Personal As Political: Reasoning Without Effort From Stereotypes, Ellen M. Bublick

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Interpreting Sexual Disparities In Elites: The Unrecognized Implications Of Gaussian Distributions, Lloyd Cohen, Iliana Ilieva

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Alchemy Of A Moral Discourse About The Biology Of Gender: Historical Sensitivity, Genetic Literacy, And The Will To Imagine A Different Equality, Doriane Lambelet Coleman

Cardozo Journal of Equal Rights & Social Justice

The article explores the intersection of biology, genetics, and gender, emphasizing the need for a cautious and informed approach when integrating scientific findings into legal and social policies. It highlights the historical misuse of science to justify discrimination and advocates for a nuanced understanding that balances genetic insights with ethical considerations. The author proposes moving beyond a one-size-fits-all model of equality to one that accommodates differences, ensuring equitable opportunities for all.

Summers Of Our Discontent, Phyllis Goldfarb

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Granting Asylum To Persecuted Afghan Western Women, Marra Guttenplan

Cardozo Journal of Equal Rights & Social Justice

The note argues that Afghan Western Women, who have adopted Western practices in defiance of traditional Islamic norms, should be granted asylum in the U.S. under the categories of religion, political opinion, or membership in a particular social group. These women face severe persecution, including physical harm, economic deprivation, and restrictions on education and employment, which meet the standards for asylum under U.S. and international law. The analysis emphasizes that their fear of persecution is well-founded due to Afghanistan's unstable governance and pervasive human rights abuses, making it imperative for the U.S. to recognize their unique challenges and provide protection.

Home Alone: Children Of Incarcerated Mothers In New York City Under The Rockefeller Drug Laws, Aron M. Zimmerman

Cardozo Journal of Equal Rights & Social Justice

The Rockefeller Drug Laws of 1973, among the harshest in the nation, have failed to reduce drug trafficking or abuse and have instead led to unjust outcomes, disproportionately impacting racial minorities and women. These laws, which mandate draconian sentences based solely on drug type and quantity, tie judges' hands and prioritize incarceration over treatment, despite evidence that treatment is more cost-effective and reduces recidivism. Recent reforms offer some progress, but significant systemic changes are needed to address the laws' ongoing harm and restore judicial discretion in sentencing.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker

Journal of Law and Health

Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

Transversal Feminism And Transcendence, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler

NYLS Law Review

No abstract provided.

Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young

UC Law SF Journal on Gender and Justice

The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …

What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin

UC Law SF Journal on Gender and Justice

This Note analyzes KM v. E.G., 13 Cal. Rptr 3d 136 (Cal. Ct. App. 2004), the first case brought in front of any court of appeals in the U.S. where the lesbian egg donor (the genetic mother) who raised her children for six years together with her partner (the gestational mother) was denied parental rights after the couple separated. The application of the intent based determination of parentage originally devised to solve competing parental claims in surrogacy case is criticized as inappropriate, unnecessary and unjustified. The absence of legal protections for lesbian parents and standards addressing issues unique to lesbian …

The Semiotics Of Visible Face Make-Up: The Masks Women Wear, Madeleine Ogilvie

Theses: Doctorates and Masters

This dissertation explores the `sign' of visible face make-up and examines how women consume appearance in everyday life in contemporary Australia. Using a semiotic framework, it presents a novel new method for interpreting and gaining increased meaning into an everyday consumption phenomenon. The purpose of the study is to gain insights into why women wear make-up. It seeks to provide understanding of what this medium signifies to women and what the `sign' of make-up symbolises to the female individual. It explores how visible face make-up affects the way women consume appearance in everyday life, how they feel about themselves, and …

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Women As Supreme Court Advocates, 1879-1979, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Navigating Diverse Identities: Building Coalitions Through Redistribution Of Academic Capital--An Exercise In Praxis, Aya Gruber

Publications

No abstract provided.

Hands Off Policy: Equal Protection And The Contact Sports Exemption Of Title Ix, Jamal Greene

Faculty Scholarship

Before becoming a poster child for gender equity in athletics, Heather Sue Mercer was an all-state place kicker at Yorktown Heights High School in Yorktown Heights, New York (pop. 7,972). She enrolled at Duke University in the fall of 1994 and decided to become the first woman ever to try out for the Duke football team. Initially she failed to make the team as a walk-on, but the following spring she was invited by the seniors on the team to play in the annual Blue-White scrimmage. She ended up kicking a game-winning twenty-eight-yard field goal. Afterwards, Duke head coach Fred …

On Academic Discrimination, Janet Ainsworth

Faculty Articles

Professor Ainsworth addresses President Lawrence H. Summers’ explanation of the paucity of women academics in the physical sciences, and discusses how Summers does not address the possibility that the lack of female academics could be due to discrimination.

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

Faculty Publications

(Excerpt)

Last year I was invited to an undergraduate revival of the musical "How to Succeed in Business Without Really Trying," a comedy about the workplace, which I thought, as a teacher of employment law, I would enjoy. Written in the early 1960s and made into a 1967 movie, "How to Succeed" follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. Although ostensibly a humorous look at the corporate world of the late 1950s and early '60s, I found myself cringing throughout the …

Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Remarks made by Lawrence H. Summers, the President of Harvard University, suggesting by his "best guess" that "intrinsic aptitude" primarily accounts for the paucity of women holding senior academic positions in math, physics, engineering, and technology' have touched off a new round in a timeless debate over gender sameness and difference. This seeming bow to biology, emanating from the head of the nation's most prestigious academic institution, conjures up memories of yet another Harvard figure almost a century and a half ago. At that time, Dr. Edward Clarke, a member of Harvard's Board of Overseers and a former member …

In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld

Faculty Publications

(Excerpt)

Lawrence H. Summers' remarks at a conference on "Diversifying the Science and Engineering Workforce," raise provocative issues regarding reasons for the disparities of "women's representation in tenured positions in science and engineering at top universities and research institutions." He postulated that one reason for this disparity was the "different availability of aptitude at the high end." One suspects that the word "aptitude" struck a raw nerve in the audience. After all, most academics in the audience would be familiar with the research of Carol Gilligan, and her well-known book, In A Different Voice, suggesting that women have different …

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …

Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla

Cleveland State Law Review

My own and other research shows that Queer/Chicana/Latina college students who come from disadvantaged backgrounds or marginalized communities to the university often engage in a process of resistance to oppressive practices and environments within those institutions, even while continuing their education. While a higher education can be a form of liberation for many of these women, it can simultaneously be oppressive to some. As women learn how to negotiate both privilege and oppression in the college setting, they develop tools for understanding their conditions. One of these tools is political and social consciousness, which is often internalized and acted upon …

Changes In Gender Ideology Among Professional Women And Men In Cuba Today, Marta Nunez Sarmiento

Cleveland State Law Review

This presentation summarizes the reflections of what it means to be women and men in Cuba today, among a group of Havana professionals. I asked them to emphasize the influence in this process of women's employment and decision making among women, two citizen rights which have been strongly promoted in Cuba in the last forty years. I also asked them to think about the socialization processes, which took place in Cuba and which contributed to these changes. Therefore, this paper is divided into two main topics: First, changes in gender ideology among Cuban professional men and women under the influence …

How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Female Judging, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez

Faculty Scholarship

In this Article, I present a Critial Race Feminism (CRF) empirical sexual harassment project I recently conducted as a case study of how empirical research can be valuable to the future of CRF. Part I introduces the sexual harassment study and discusses the empirical questions it sought to explore. Part II then presents the empirical research design and the general trends that the data provided. Part III analyzes the key findings of the study and how it contributes to an understanding of how the application of sexual harassment law implicates race. The statistical analysis of survey responses from a group …

Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.