Law and Gender Commons^™

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

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Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner

All Faculty Scholarship

This article focuses on the search for gender equity among women faculty in the university setting in the United States. The author advocates for the use of university task forces and the institutionalization of bestpractices for achieving gender equity as means to remove the persistent barriers to professional advancement experienced by many women faculty. Discriminatory treatment of faculty based on gender may be hidden andremain unacknowledged in some universities, so the process of uncovering such treatment and formulating recommendations for change is an important first step in the process of creating a work environment that is both fair and inviting …

On The Basis Of Sex: Examining John Grisham's Legal Fiction Through Feminist Theory, Viviana I. Vasiu

Florida A & M University Law Review

John Grisham’s legal fiction takes readers to a thrilling land where attorneys are the new heroes, fighting against the dark forces of injustice, corruption, and greed. Alas, in these masterfully crafted thrillers lies a force darker than all: Grisham’s writing has negatively molded our perception of women in the law and beyond. “[F]ictional portrayals can have a powerful impact on perceptions of real-life professionals.” Applying feminist theory to a text can unearth such portrayals and the ideology that “Western culture is fundamentally patriarchal” in literature in order to effectuate change. Analyzing text through the lens of feminist theory requires asking …

Obergefell Liberates Bathrooms, Ayana Osada

NYLS Law Review

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Participating Equally: Using Tax Policy To Improve Female Workforce And Management Participation In The 21st Century, Katherine E. Smalley

UC Law SF Journal on Gender and Justice

Examining the question as to why there are so few women in the upper ranks of corporate America, this article proposes the use of the Tax Code as a powerful tool that can be used to promote social objectives. This article seeks to demonstrate ways in which the Tax Code previously has influenced behavior, and to provide a possible way to use the Tax Code that would positively impact top female workforce representation.

Intersectional Resistance: A Case Study On Crimmigration And Lessons For Organizing In The Trump Era, Robin Pomerenke

UC Law SF Journal on Gender and Justice

Increasingly, the federal government has sought to utilize local law enforcement’s proximity to and intimacy with local communities to detain and deport immigrants. The resultant growth of crimmigration—the simultaneous enforcement of immigration law and criminal law—has sparked a large-scale social movement in California over the last ten years. This movement has built connections and solidarities among actors across communities and issue areas, including the faith community, the legal community, [etc.]. Using the response to crimmigration as a case study, this Note examines the potentials for intersectional resistance. What role has an awareness of intersectionality played in the fight against crimmigration? …

Biased Damages Awards: Gender And Race Discrimination In Tort Trials, Goran Dominioni

Cardozo International & Comparative Law Review

Current U.S. tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research in law and economics has however cast doubts on the efficiency of this practice. On this basis, some propose abandoning it in favor of gender and race neutral tables. In this article, I contribute to this debate by analyzing from a behavioral law and economics perspective …

Faith-Based Emergency Powers, Noa Ben-Asher

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 leading legal strategy in the Culture Wars. This strategy involves carving faith-based exceptions to rights of women and LGBT people. The concept of Faith-Based Emergency Powers is developed in this Article through an analogy to the “War on Terror.” In the War on Terror, conservatives typically have taken the position that judges, legislators, and the public must defer to the President and the executive branch in matters involving national security. This argument …

Gender Equality Menace Under Liberia Domestic Relations Law, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

Like most Africa countries, Liberia has a dual legal system, that is, the customary and statutory. Cultural and traditional practices influence some of the laws. Laws in both legal systems discriminate against women in overt ways, especially laws that deal with the private sphere, such as marriage, divorce, custody, domestic violence, property, legitimacy, and inheritance. This dissertation seeks to identify inequality in the Liberian Domestic Relation laws that arise from facially discriminatory laws, facially neutral laws and omissions in the law. It also posits that the court’s role in interpreting these issues has been inadequate, and the legislature is reluctant …

The Violence Against Women Act, Implicit Bias, And Judicial Training, Lorena Espino-Piepp

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Violence Against Women Act (VAWA) must be amended to include implicit bias training for Family Court judges and staff to address the systemic barriers faced by undocumented Latina immigrant women in accessing justice. These women often face compounded discrimination based on race, ethnicity, and immigration status, which undermines their ability to obtain immigration relief through VAWA protections. The author contends that without such training, the judicial system perpetuates inequities, as judges and court personnel rely on stereotypes that disproportionately harm women of color.

The 'Blurred Lines' Of Marvin Gaye's 'Here, My Dear': Music As A Tortious Act, Divorce Narrative And First Amendment Totem, Bryan Adamson

Cardozo Arts & Entertainment Law Journal

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Gay Judge Nixes Anonymity For Genderqueer Plaintiff, Arthur S. Leonard

Other Publications

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Second Chance For Ex-Partner’S Parenting Claim, Arthur S. Leonard

Other Publications

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Two New Job Discrimination Petitions To Scotus, Arthur S. Leonard

Other Publications

Gay City News

http://gaycitynews.nyc/two-new-job-discrimination-petitions-scotus/

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Trump Anti-Trans Regs Vulnerable To Challenge, Arthur S. Leonard

Other Publications

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Spousal Support In Quebec: Resisting The Spousal Support Advisory Guidelines, Jodi Lazare

Articles, Book Chapters, & Popular Press

Since 2005, the Spousal Support Advisory Guidelines have become an essential part of the practice of family law throughout Canada. Aimed at structuring discretionary spousal support determinations under the Divorce Act and increasing the fairness of awards, the Advisory Guidelines have been embraced by appellate courts across jurisdictions. Quebec is the exception to that trend. Despite that marriage and divorce fall under federal jurisdiction, Quebec courts resist the application of these non-binding rules, written by two family law scholars. This article responds to Quebec's resistance to the Advisory Guidelines and suggests that concerns about them may be misplaced. By reviewing …

Feminism And The Tournament, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

Naomi Bishop, the protagonist of the 2016 film "Equity," is the rare "she-wolf of Wall Street."' At the beginning of the film, Bishop appears on a panel at an alumni event. She explains her career choices to the young women in the audience as follows: I like money. I do. I like numbers. I like negotiating. I love a challenge. Turning a no into a yes. But I really do like money. I like knowing that I have it. I grew up in a house where there was never enough. I was raised by a single mom with four kids. …

Arguing With The Building Inspector About Gender-Neutral Bathrooms, Jennifer S. Hendricks

Publications

Conventional interpretations of building codes are among the greatest barriers to building the gender-neutral bathrooms of the future. Focusing on the example of schools, this Essay argues for a reinterpretation of the International Building Code in light of its policy goals: safe, private, and equitable access to public bathrooms. Under this reinterpretation, the Code allows all public bathrooms to be gender-neutral.

Formative Projects, Formative Influences: Of Martha Albertson Fineman And Feminist, Liberal, And Vulnerable Subjects, Linda C. Mcclain

Faculty Scholarship

This essay, contributed to a symposium on the work of Professor Martha Albertson Fineman, argues that Fineman is a truly generative and transformative scholar, spurring people to think in new ways about key terms like “dependency,” “autonomy,” and “vulnerability” and about basic institutions such as the family and the state. It also recounts Fineman’s role in creating spaces for the generation of scholarship by others. The essay traces critical shifts in Fineman’s scholarly concerns, such as from a theory of dependency to vulnerability theory and from a gender lens to a skepticism about a focus on identities and discrimination. In …

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 …

Changing The First Lady's Mystique: Defining The First Lady's Legal Role And Upending Gender Norms, Ashlee A. Paxton-Turner

Law Faculty Publications

This Article explores the lack of formal guidelines governing the First Lady by first considering the history of the role and how the three branches of government have typically dealt with the role. Attention is also given to the possible intersection with the anti-nepotism statute when and if the First Lady acts as an advisor to the President. This Article then goes on to suggest that this lack of formality has allowed gender norms to govern the role. In an era where women’s rights have resurfaced as a central theme in political discourse, this Article concludes by suggesting some possible …

No First Amendment Shield For Homophobic Prof, Arthur S. Leonard

Other Publications

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Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard

Other Publications

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Another Victory For Married Lesbian Parents, Arthur S. Leonard

Other Publications

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Can Three Parents Make A Family In New York?, Arthur S. Leonard

Other Publications

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Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard

Other Publications

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Citing Baker’S “Win,” Arizona Court Rejects Stationary Store’S Opt-Out Claim, Arthur S. Leonard

Other Publications

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Anti-Gay Colorado Baker Prevails In Narrow Ruling, Arthur S. Leonard

Other Publications

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Birth Mother Can’T Challenge Ex-Wife’S Parental Rights, Arthur S. Leonard

Other Publications

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