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Articles 31 - 60 of 303
Full-Text Articles in Law and Gender
Gender Disparities In Plea Bargaining, Carlos Berdejo
Gender Disparities In Plea Bargaining, Carlos Berdejo
Indiana Law Journal
Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant gender …
Building Bridges Across Curricular And Status Lines: Gender Inequity Throughout The Legal Academy, Kristen K. Tiscione, Melissa H. Weresh
Building Bridges Across Curricular And Status Lines: Gender Inequity Throughout The Legal Academy, Kristen K. Tiscione, Melissa H. Weresh
Georgetown Law Faculty Publications and Other Works
No abstract provided.
The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris
The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris
St. Mary's Law Journal
Abstract forthcoming
Gender Inequity Throughout The Legal Academy: A Quick Look At The (Surprisingly Limited) Data, Kristen K. Tiscione
Gender Inequity Throughout The Legal Academy: A Quick Look At The (Surprisingly Limited) Data, Kristen K. Tiscione
Georgetown Law Faculty Publications and Other Works
The long-standing overrepresentation of female law faculty in skills teaching and service-oriented positions is well documented. In contrast, the historical underrepresentation of female law faculty in top dean and tenured or tenure-track teaching positions has been widely recognized but difficult to quantify. The American Bar Association has a link in the statistics archives of its website to a chart from Fall 2013 on the gender, ethnicity, and status of law faculty. The Association of American Law Schools (AALS) links to the same chart on its website. This chart replaced a similar chart covering 2008 to 2009 that the ABA has …
Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather
Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather
St. Mary's Law Journal
Abstract forthcoming
The Struggle For Marriage Equality And The Need To Focus On Transgender Rights In Taiwan, M. Bob Kao
The Struggle For Marriage Equality And The Need To Focus On Transgender Rights In Taiwan, M. Bob Kao
Cardozo International & Comparative Law Review
Marriage equality has been the primary focus of LGBTQ rights activists in Taiwan for the past decade. After numerous setbacks, same-sex marriage was finally legalized in May 2019 by the Taiwanese Constitutional Court's decision finding that limiting marriage under the Civil Code as solely between a man and a woman was unconstitutional on grounds that it violated the principles of equality and the freedom of marriage. Moving forward, while ensuring marriage equality is enforced in practice, LGBTQ rights activists in Taiwan must strategize their next steps, including combating other types of discrimination based on gender and sexual orientation and advocating …
Dying While Trans: A Critical Analysis Of Respect After Death Laws, Kara Nowakowski
Dying While Trans: A Critical Analysis Of Respect After Death Laws, Kara Nowakowski
Cardozo Journal of Equal Rights & Social Justice
The note critiques Respect After Death (RAD) laws, which aim to ensure that transgender and gender non-conforming (TGNC) individuals' gender identities are respected on death certificates and in funeral proceedings. While these laws represent progress, they fail to address systemic barriers faced by TGNC individuals, such as limited access to legal and medical transition resources, leaving many without the necessary documentation to secure their rights even in death. The note proposes a more comprehensive legislative solution for New York State to better protect TGNC individuals' bodily autonomy after death.
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
The Myth Of Enforcing Border Security Versus The Reality Of Enforcing Dominant Masculinities, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
This essay explores the masculinities underpinnings in modern immigration law, policy, and rhetoric. Existing analysis has captured the ways in which Trump-era immigration laws, policies, and rhetoric are explicitly and implicitly packaged in alarming racism and xenophobia. These critical lenses continue a long and deeply worrisome legacy of “othering” and dehumanizing immigrants and, more broadly, marginalizing communities of color in the United States.
Outside of the immigration law lens, separate strands of scholarship and media coverage have highlighted the toxic masculinities of the Trump era. These discussions have generally focused on President Trump’s treatment of women, the gendered campaign dynamics …
The Diversity Imperative Revisited: Racial And Gender Inclusion In Clinical Law Faculty, G. S. Hans, D. N. Archer, Et Al.
The Diversity Imperative Revisited: Racial And Gender Inclusion In Clinical Law Faculty, G. S. Hans, D. N. Archer, Et Al.
Vanderbilt Law School Faculty Publications
The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color entering the legal academy in the 1980s and 1990s expanded the communities served by law school clinics and the lawyering methods used to serve clients in significant ways that enriched legal education and the profession. They also broadened clinical scholarship to include deconstructions and reconstructions of clinical teaching, offered crucial role modeling and mentorship to students of color, and helped to elevate cross-cultural communication and multiracial collaboration as …
Flor Freire V. Ecuador, Raymond Chavez
Flor Freire V. Ecuador, Raymond Chavez
Loyola of Los Angeles International and Comparative Law Review
This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.
Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades
Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.
Lawful Neutral: The Justice System And Dungeons And Dragons, Laura Lea Williams
Lawful Neutral: The Justice System And Dungeons And Dragons, Laura Lea Williams
Cardozo Journal of Equal Rights & Social Justice
The note argues that the ban on Dungeons & Dragons (D&D) in prisons is rooted in outdated misconceptions and fails to recognize the game's potential as a rehabilitative tool. It critiques the judicial system's reliance on the Turner test, which has been used to uphold such bans, and advocates for a more nuanced approach that considers the game's benefits in fostering communication, empathy, and problem-solving skills among inmates.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe
Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe
DePaul Journal of Women, Gender and the Law
No abstract provided.
Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney
DePaul Journal of Women, Gender and the Law
No abstract provided.
Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier
Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier
DePaul Journal of Women, Gender and the Law
No abstract provided.
Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo
Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo
Pace Law Review
This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations regardless …
Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden
Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear
Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear
University of Miami Race & Social Justice Law Review
No abstract provided.
The Changing Student Body At The University Of Michigan Law School, David L. Chambers
The Changing Student Body At The University Of Michigan Law School, David L. Chambers
Bibliography of Research Using UMLS Alumni Survey Data
Most of the content of the memo that follows has been previously published in the article "Who We Were and Who We Are: How Michigan Law Students Have Changed Since the 1950s: Findings from 40 Years of Alumni Surveys." T. K. Adams, co-author. Law Quad. Notes 51, no. 1 (2009): 74-80, available through this website. This memo provides more detail about changing entry credentials and about the great expansion beginning in the 1970s in the numbers of women students and of racial/ethnic minority students. It also provides information not in the article about the patterns over time in students’ …
Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans
Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans
Dignity: A Journal of Analysis of Exploitation and Violence
George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman
Maryland Law Review
No abstract provided.
Women And Men Graduates Of The University Of Michigan Law School: Career Patterns And Adjustments For Children, David L. Chambers
Women And Men Graduates Of The University Of Michigan Law School: Career Patterns And Adjustments For Children, David L. Chambers
Bibliography of Research Using UMLS Alumni Survey Data
The University of Michigan Law School conducted mail surveys of classes of its alumni each year from 1966 and 2006. This memorandum builds upon the mail surveys conducted through 2006 and in particular survey questions asked about the sex of the respondent, the settings in which they have worked since law school, the hours they work and their earnings in their current settings, whether they have children and the various adjustments they have made in order to care for children, such as working part-time or leaving the work force altogether for periods of time. The memorandum has two principal focuses: …
Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister
Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister
Buffalo Law Review
This Article examines whether sexual orientation discrimination claims are a form of sex-plus discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination in employment on the basis of “sex.” Until very recently, every United States Court of Appeals to have interpreted Title VII’s prohibition of sex discrimination had determined that it does not encompass claims on the basis of sexual orientation. Times, and judicial interpretations, are changing. In April 2017, the United States Court of Appeals for the Seventh Circuit overturned decades of precedent by holding that sexual orientation discrimination claims are indeed encompassed …
Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes
Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …
Diversity As A Trade Secret, Jamillah Bowman Williams
Diversity As A Trade Secret, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
When we think of trade secrets, we often think of famous examples such as the Coca-Cola formula, Google’s algorithm, or McDonald’s special sauce used on the Big Mac. However, companies have increasingly made the novel argument that diversity data and strategies are protected trade secrets. This may sound like an unusual, even suspicious, legal argument. Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders have mobilized to improve access and equity, but there is an information asymmetry that makes this pursuit daunting. When potential plaintiffs and …
The Law Of The Soul, Arthur J. Jacobson
The Law Of The Soul, Arthur J. Jacobson
Cardozo Law Review
Do you believe that human beings have souls, and dogs, for example, do not? And if you believe that humans have souls, then must you also believe that in order for the soul to be a soul it must be immortal? Or can the soul be born with us and die with us, never to return, and still be a soul? And if you believe that it must be immortal, then must you also believe that if it is not immortal, then it is just a psyche - the forms of awareness, desiring and imagining that humans share with all …
A Note Of Thanks To Arthur Jacobson, Suzanne Last Stone
A Note Of Thanks To Arthur Jacobson, Suzanne Last Stone
Cardozo Law Review
I owe Arthur a great personal debt as a mentor, and as a thinker, and I'm happy to be able to publicly proclaim it today. When I first came to Cardozo, I packaged myself very astutely as a federal courts groupie; and I was going to write all the next great articles on federal courts. And it was Arthur, more than anyone else on the faculty who was there, welcoming me and persuading me that I had to pursue my passion, instead. Other members of the faculty (I won't name names) said: "You're not going to get tenure writing on …
Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard
Should I Stay Or Should I Go? The Gender Gap For Securities And Exchange Commission Attorneys, Stephen J. Choi Ii, Mitu Gulati, Adam C. Pritchard
Articles
Most research on the gender gap in the legal profession focuses on the private sector. We look at the gender gap in a setting where one might expect the gaps to be smaller: the Division of Enforcement of the Securities and Exchange Commission (SEC), which has a reputation for providing employees with good childcare and work flexibility. We find a substantial gender gap in assignments but only a modest one in pay. Men are also more likely to move laterally and more likely to move to lucrative private-sector jobs. What causes these gaps? The primary explanation for the gender gap …