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Articles 91 - 120 of 287
Full-Text Articles in Law and Gender
Fear Of The Queer Child, Clifford J. Rosky
Bullying Prevention And Boyhood, Katharine B. Silbaugh
Bullying Prevention And Boyhood, Katharine B. Silbaugh
Faculty Scholarship
A desire to reduce bullying in schools and to create safer and healthier school cultures has driven an anti-bullying movement characterized by significant reform in school programs and practices, as well as legislative reform and policy articulation in every state. A desire to improve school outcomes for boys has generated a number of programmatic proposals and responses in public and private education. Most notably, single-sex programming in public schools has been facilitated by the 2006 change to Title IX regulations setting out the criteria for permissible single-sex public school programs. These two recent movements in K-12 schooling spring from new …
Gender Quotas After The End Of Men, Julie C. Suk
Gender Quotas After The End Of Men, Julie C. Suk
Articles
The article explores the evolving role of gender quotas in a society where women are increasingly surpassing men in education and professional sectors, a concept termed "the end of men." It examines the legal and social implications of gender quotas, contrasting France's constitutional commitment to gender parity with Sweden's shift away from such quotas as they begin to disadvantage women in certain contexts. The author argues that the justification for gender quotas is being reevaluated, moving from correcting historical discrimination to maintaining gender balance as a permanent societal goal.
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How To Negotiate With A Woman Women And The Art Of Negotiating: Techniques For Achieving Success In Your Business And Personal Relationships (Book Review), David J. Agatstein
How To Negotiate With A Woman Women And The Art Of Negotiating: Techniques For Achieving Success In Your Business And Personal Relationships (Book Review), David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young
Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Kosilik V. Spencer: Gender Identity Disorder In Prison: What Constitututes An Eighth Amendment Violation When It Come To Medical And Mental Heath Treatment Of Inmates, Andrea Chiz Plyler
Kosilik V. Spencer: Gender Identity Disorder In Prison: What Constitututes An Eighth Amendment Violation When It Come To Medical And Mental Heath Treatment Of Inmates, Andrea Chiz Plyler
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Unheard Voices Of Domestic Violence Victims: A Call To Remedy Physician Neglect, Nat Stern, Karen Oehme, Ember Urbach
Scholarly Publications
No abstract provided.
Sex Matters: Considering Gender In Consumer Contracts, Amy J. Schmitz
Sex Matters: Considering Gender In Consumer Contracts, Amy J. Schmitz
Faculty Publications
We hear about the so-called “War on Women” and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, dominant voices in the contracts field often reflect classical and economics-driven theories built on assumptions of gender neutral and economically rational actors. Furthermore, many mistakenly assume that market competition and antidiscrimination legislation address any improper biases in contracting. This Article therefore aims to shed light on gender’s importance by distilling data from my own e-survey of Colorado consumers along with others’ research regarding gender differences in contract outcomes, interests and behaviors. …
Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra
Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra
Faculty Scholarship
Over one hundred million women in the world are estimated to be “missing” from the world’s population due to some form of gendercide. Gendercide exists on almost every continent and affects every class of people. Gendercide has traditionally taken the form of sex-selective abortion, infanticide, or death caused by neglect. Sex-selective abortions occur when a pregnancy is terminated due to the sex of the fetus. In the last few decades, technological advances have allowed potential parents to identify the gender of their baby early in the first trimester. Recently, with the advent of newer technology that allows one to choose …
Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien
Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien
Political Science Theses and Capstones
Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …
Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan
Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan
Cardozo Journal of International and Comparative Law
The International Criminal Court (ICC) faces significant challenges in implementing victim participation as mandated by the Rome Statute, particularly in cases involving gender-based crimes. While victim participation is a groundbreaking feature of the ICC, its current system is overly burdensome, inconsistent, and ineffective, undermining the Court's core purposes of retribution, deterrence, and restorative justice. The ICC's reliance on state contributions for reparations and its failure to prosecute gender-based crimes vigorously further exacerbate these issues, raising concerns about fairness and efficiency in international criminal justice.
When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey
When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey
Buffalo Law Review
This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …
Two Stories About Two Currencies Of Care, Hendrik Hartog
Two Stories About Two Currencies Of Care, Hendrik Hartog
Buffalo Law Review
No abstract provided.
Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith
Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith
Buffalo Law Review
No abstract provided.
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
Buffalo Law Review
No abstract provided.
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Scholarly Articles in Law Reviews & Journals
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
Tyrone Garner's Lawrence V. Texas, Marc Spindelman
Tyrone Garner's Lawrence V. Texas, Marc Spindelman
Michigan Law Review
Dale Carpenter's Flagrant Conduct: The Story of Lawrence v. Texas has been roundly greeted with well-earned praise. After exploring the book's understanding of Lawrence v. Texas as a great civil rights victory for lesbian and gay rights, this Review offers an alternative perspective on the case. Built from facts about the background of the case that the book supplies, and organized in particular around the story that the book tells about Tyrone Garner and his life, this alternative perspective on Lawrence explores and assesses some of what the decision may mean not only for sexual orientation equality but also for …
Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog
Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog
Articles
Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?
The Blame Game: How The Rhetoric Of Choice Blames The Achievement Gap On Women, Nicole Buonocore Porter
The Blame Game: How The Rhetoric Of Choice Blames The Achievement Gap On Women, Nicole Buonocore Porter
Faculty Publications
In 2013, fifty years after the Equal Pay Act guaranteed women equal pay for equal work, almost fifty years since Title VII made discrimination based on sex unlawful, thirty-five years since the Pregnancy Discrimination Act made it unlawful to discriminate against women because of pregnancy, and nineteen years after the Family and Medical Leave Act provided twelve weeks of unpaid leave for some caregiving reasons, there is still a significant achievement gap between men and women in the workplace. Women still make less money, and rise more slowly and not as high in workplace hierarchies. Why? The common narrative states …
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton
Cardozo Law Review
In the forty-year history of the Supreme Court's modern death penalty jurisprudence, two cases - Furman v. Georgia (1972) and McCleskey v. Kemp (1987) - stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent - even altogether inconsistent - results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played …
2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank
2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank
Mosakowski Institute for Public Enterprise
The youth of Massachusetts are of primary concern to legislators and citizens. This briefing report features three essays by experts — Fern Johnson, Deborah Frank, and Donna Haig Friedman — who focus on three aspects of children in need: children in foster care who need adoption, children who are hungry, and children who are homeless. Each report has further and more detailed suggestions for helping these children in need; below is a summary of the problems we face.
That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh
That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
Massad’s thesis is simple, in fact, perfect in its simplicity. Empire is a terrible force that wants to penetrate, overpower and hegemonize. It has a center, a headquarters if you like, the West. It functions with two arms: capitalism (later neoliberal) and Euro-American hegemony. The first arm represents the objective drive of capital that transforms sites and cultures as it spreads the market in the shape of commodity exchange. It has become a universal system, Massad contends, though with varying effects on the center (West) from the periphery (rest). Whereas its march on the former has been totally transformative, in …
Threats Demand Our Action, Margaret E. Montoya
Threats Demand Our Action, Margaret E. Montoya
Faculty Scholarship
Those of us who identify as progressive see this as a time when speaking up and engaging on public policy is our duty. I am writing to express my deep concern and dismay about the state of the federal government under Donald Trump. Like others, I have marched, donated, and joined Wednesday’s International Women’s Day protests against the administration of Donald Trump.
Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers, Erin Davenport
Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers, Erin Davenport
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman
Washington International Law Journal
The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …
Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality), Kingsley R. Browne
Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality), Kingsley R. Browne
Law Faculty Research Publications
Common examples of perceived workplace inequality – the “glass ceiling,” the “gender gap” in compensation, and occupational segregation, among others – cannot be well understood if the explanation proffered for their existence is limited exclusively to social causes such as discrimination and sexist socialization. Males and females have, on average, different sets of talents, tastes, and interests, which cause them to select somewhat different occupations and exhibit somewhat different workplace behaviors. Some of these sex differences have biological roots. Temperamental sex differences are found in competitiveness, dominance seeking, risk taking, and nurturance, with females tending to be more “person oriented” …
The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?, Anisa A. Somani
The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?, Anisa A. Somani
William & Mary Law Review
No abstract provided.
"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed
Faculty Scholarship
This report documents the ongoing stigma and discrimination of women living with HIV in Namibia, building on prior findings and investigations on the subject, such as the 2008 research conducted by the International Community of Women Living with HIV/AIDS (ICW) and the Namibian Women’s Health Network (NWHN). The report, based upon both desk research and a field mission, examines the human rights situation related to sexual and reproductive health of women living with HIV, including the gravity and ongoing nature of forced and coerced sterilizations in Namibia. The report also provides evidence of violations of informed consent in the context …