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Law and Gender Commons

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2014

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Institution
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Articles 61 - 90 of 346

Full-Text Articles in Law and Gender

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz Oct 2014

Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz

Michigan Journal of Race and Law

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …


Breastfeeding On A Nickel And A Dime: Why The Affordable Care Act's Nursing Mothers Amendment Won't Help Low-Wage Workers, Nancy Ehrenreich, Jamie Siebrese Oct 2014

Breastfeeding On A Nickel And A Dime: Why The Affordable Care Act's Nursing Mothers Amendment Won't Help Low-Wage Workers, Nancy Ehrenreich, Jamie Siebrese

Michigan Journal of Race and Law

As part of the Patient Protection and Affordable Care Act of 2010 (also known as “Obamacare”), Congress passed a new law requiring employers to provide accommodation to working mothers who want to express breast milk while at work. This accommodation requirement is a step forward from the preceding legal regime, under which federal courts consistently found that “lactation discrimination” did not constitute sex discrimination. But this Article predicts that the new law will nevertheless fall short of guaranteeing all women the ability to work while breastfeeding. The generality of the Act’s brief provisions, along with the broad discretion it assigns …


Equality And The European Union, Elizabeth F. Defeis Sep 2014

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman Sep 2014

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman

Georgia Journal of International & Comparative Law

No abstract provided.


Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose Sep 2014

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.


On “Trafficking And Health”, Dominique Stewart Sep 2014

On “Trafficking And Health”, Dominique Stewart

e-Research: A Journal of Undergraduate Work

This paper discusses the article "Trafficking and Health" by Joanna Busza, Sarah Castle, and Aisse Diarra. Human trafficking is unfortunately addressed by many political systems as a migration issue ‐‐ to be dealt with by restricting the rights of migrants, tightening border controls, etc. However, as we see in this article it is more of a health and human rights issue than anything else. Addressing a problem with the wrong diagnosis does nothing to solve it and oftentimes exacerbates it, and human trafficking is no exception to this. But with the right approaches, the damage caused by trafficking can be …


A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware Sep 2014

A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson Sep 2014

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.


Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young Sep 2014

Falling Into The Trap: The Ineffectiveness Of ‘Undue Burden’ Analysis In Protecting Women’S Right To Choose, Laura Young

Pace Law Review

This Comment will first examine existing Supreme Court abortion and reproductive autonomy jurisprudence before seguing into an exploration of the limits of the ‘undue burden’ analysis through the Jackson Women’s Health Organization v. Currier temporary and preliminary injunction decisions. The final section of this Comment explores potential solutions from other areas of constitutional law, and proposes that some techniques for limiting the reach of state regulatory power might be imported from environmental law, which frequently must deal with interactions amongst complex regulatory regimes.


Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi Sep 2014

Beyond The "Tiers" Of Human Trafficking Victims: Islamic Law's Ability To Push The Muslim World To The Top Of The United States Trafficking Tier Placements And Into Compliance With International Law, Myada O. El-Sawi

Georgia Journal of International & Comparative Law

No abstract provided.


Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson Sep 2014

Addressing The Tension Between The Dual Identities Of The American Prostitute: Criminal And Victim; How Problem-Solving Courts Can Help, Brynn N.H. Jacobson

Seattle University Law Review

This Comment focuses on the sexual exploitation of both adult women and girls in the life of prostitution. The primary purpose is to explore the difficulties faced by American citizens who are exploited in prostitution (as opposed to foreign nationals who are subject to exploitation). This Comment focuses only on state and local prostitution laws, as opposed to global or federal laws on prostitution. It takes the position that prostitution is not a chosen profession for the vast majority and that prostitution is sexual exploitation. This Comment discusses the experiment of legalization and decriminalization in the Netherlands and Sweden as …


Whore Or Homemaker? The Rocky State Of Illegal Prostitution In The Newly-Formed South Sudan And A Practical Resolution To Curtail The Epidemic, Brittany V. Sykes Sep 2014

Whore Or Homemaker? The Rocky State Of Illegal Prostitution In The Newly-Formed South Sudan And A Practical Resolution To Curtail The Epidemic, Brittany V. Sykes

Georgia Journal of International & Comparative Law

No abstract provided.


Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu Sep 2014

Reconciling Indigenous And Women's Rights To Land In Sub-Saharan Africa, Aparna Polavarapu

Georgia Journal of International & Comparative Law

No abstract provided.


Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper Sep 2014

Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis Sep 2014

The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso Sep 2014

Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Thinking Slow About Sexual Assault In The Military, Matthew Burris Sep 2014

Thinking Slow About Sexual Assault In The Military, Matthew Burris

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Reconstructing A College Model For Countering Human Trafficking, Ron D. Petitte Sep 2014

Reconstructing A College Model For Countering Human Trafficking, Ron D. Petitte

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Assessment is a hallmark of 21st Century academia. Accordingly, the 2013 college model for countering human trafficking2 was reviewed and assessed by the author, leading to a restructuring of the model, in order to present developments that have occurred since the October 2013 Interdisciplinary Conference on Human Trafficking, at the University of Nebraska-Lincoln, as well as attempting to engineer a more practical and effective model: There are two areas of research that link directly to the spectre of human trafficking. The first is economics; and, the question that is raised: “Is human trafficking, today, the result of unjust economic …


A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden Sep 2014

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky, Theresa C. Hayden

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …


The Social And Economic Implications Of Human Trafficking In Nigeria: Naptip In Focus, Eunice I. Anuforom Sep 2014

The Social And Economic Implications Of Human Trafficking In Nigeria: Naptip In Focus, Eunice I. Anuforom

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Human trafficking is globally recognized as a modern day slavery with multifarious negative socio-economic, legal and health implications. Besides drugs trafficking and gun running, human trafficking has become a lucrative business globally and yields an estimated US$32 million annually. Traffickers trade on human lives, subject them to gory and traumatic experiences in order to make profits. Human trafficking is therefore the worst form of human rights violations and a gender based violence against female who constitute the majority of the victims in the country. Regrettably, Nigeria occupies the ignoble position of a source, transit and destination country for trafficking. In …


The Fourth Trimester, Saru M. Matambanadzo Sep 2014

The Fourth Trimester, Saru M. Matambanadzo

University of Michigan Journal of Law Reform

This Article introduces a new conceptual framework to the legal literature on pregnancy and pregnancy discrimination: the fourth trimester. The concept of a fourth trimester, drawn from maternal nursing and midwifery, refers to the crucial three to six month period after birth when many of the physical, psychological, emotional, and social effects of pregnancy continue. Giving this concept legal relevance extends the scope of pregnancy beyond the narrow period defined by conception, gestation, and birth and acknowledges that pregnancy is a relational process, not an individual event. In the United States, however, antidiscrimination law has failed to acknowledge the demands …


Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan Sep 2014

Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan

Nevada Law Journal

No abstract provided.


A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky., Theresa C. Hayden Sep 2014

A Content Analysis Of Backpage.Com Advertisements In Louisville, Kentucky., Theresa C. Hayden

Faculty and Staff Scholarship

Backpage.com and Craigslist are replacing the street corner as a crime source for buying and selling of sex. “To reduce commercial sexual exploitation and enforce existing trafficking laws, communities must first recognize the extent of the problem within their local area (Janson, Mann, Marro, & Matvey, 2013, 99). In a population density study conducted in 15 major U. S. cities, it was found that males over 18 years of age who buy sex online ranged from 0.6% in San Francisco to 21.4% in Houston (Roe-Sepoqitz, Hickle, Gallagher, Smith, & Hedberg, 2013). Researchers in the Greater Cincinnati area found a high …


Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan Sep 2014

Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Singapore was and remains an immigrant society. The immigration of newcitizens and temporary workers has become the primary means by which thepopulation is replenished and right-sized for its economic and demographicrequirements. More than one in three persons (or 38.6 percent) living inSingapore are foreigners (non-citizens, including permanent residents) in2013.[2] Of the 3.45 million working population in Singapore, about 38 percent(or about 1,296,800 persons are foreigners.[3] The vast majority of theseforeigners are transient workers (migrant workers) on short-term work permits.Of these, about 211,000—all women—are employed as domestic help (or ‘maids’ inlocal parlance) as of June 2013.


‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo Aug 2014

‘Anchor/Terror Babies’ And Latina Bodies: Immigration Rhetoric In The 21st Century And The Feminization Of Terrorism, Carmen R. Lugo-Lugo, Mary K. Bloodsworth-Lugo

Journal of Interdisciplinary Feminist Thought

The post-9/11 era in the United States has revealed a specific fear about immigrants as terrorist threats. Although this fear manifests as a generalized one against any immigrant, when we analyze public discourse, we can find rhetorical patterns involving specific groups, with Latinos/as at center. U.S. public discourse typically conjures images of immigrants as terrorists, which are either genderless or male, and it is activated and cultivated in moments of national crisis (most recently, the 2013 Boston marathon bombing attacks). In this paper, we move beyond notions of immigrants as either genderless or male to discuss post-9/11 perceptions of immigrant …


Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson Aug 2014

Raymond, Janice. Not A Choice, Not A Job., Ane Mathieson

Journal of Interdisciplinary Feminist Thought

No abstract provided.


Unequal Inequalities? Poverty, Sexual Orientation, And The Dynamics Of Constitutional Law, Jane S. Schacter Aug 2014

Unequal Inequalities? Poverty, Sexual Orientation, And The Dynamics Of Constitutional Law, Jane S. Schacter

Utah Law Review

As we think about the future role the judicial branch will play in our governance, we might consider one important function of the courts: addressing claims of constitutional inequality. In this Article, I explore this question by juxtaposing two claims of inequality that have been pressed by advocates—one concerning sexual orientation, the other concerning poverty. These two contexts are undoubtedly different in ways both numerous and significant. The lesbian, gay, bisexual, and transgender (LGBT) rights movement is today, while the constitutional movement for the rights of the poor was yesterday.1 The LGBT movement has won major Supreme Court victories in …


The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf Aug 2014

The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf

Cardozo Law Review

Almost forty years after the first truth commission convened and more than sixty-seven others have been employed, there is little clarity on how they contribute to their stated objectives and in which transitional contexts they succeed or fail. This Article uses data gathered from my field research in Ghana, Sierra Leone, and Liberia to develop a theoretical framework for understanding in which contexts truth commissions may be the most effective. Using insights from the legal transplant literature and applying it to the diffusion of truth commissions, this Article finds that truth commissions face greater challenges carrying out their mandates in …


Employer Perceptions Of Trans Women's Sex And Behavior In Title Vii Sex Stereotyping Claims: The Case For Reading Price Waterhouse V. Hopkins As A Blanket Prohibition Of Gender Policing By Employers, Alexandra Fiona Mcspedon Aug 2014

Employer Perceptions Of Trans Women's Sex And Behavior In Title Vii Sex Stereotyping Claims: The Case For Reading Price Waterhouse V. Hopkins As A Blanket Prohibition Of Gender Policing By Employers, Alexandra Fiona Mcspedon

Cardozo Law Review

No abstract provided.


Norway’S Companies Act: A 10-Year Look At Gender Equality, Kristen Carroll Jul 2014

Norway’S Companies Act: A 10-Year Look At Gender Equality, Kristen Carroll

Pace International Law Review

This analysis assesses the amendment to Norway’s Companies Act, in light of the 10-year anniversary of the mandate of female representation on corporate boards. First, I discuss the implementation of the quota, Section 6-11a. Second, I compare three statistical studies that analyze the effects of the quota on corporate profitability, overall firm performance, and the changing dynamics of the managerial positions. Finally, I evaluate the various avenues to fully achieving diversity, such as the successes and failures of a quota-type system and possible initiatives that governments and companies can enact to achieve gender-balance in the workplace. While some hypothesize that …