Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

Gender

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1 - 30 of 592

Full-Text Articles in Law and Gender

Unprotected In Public: Street Harassment And The Legal Control Of Female Resistance, Joanne Sweeny Apr 2026

Unprotected In Public: Street Harassment And The Legal Control Of Female Resistance, Joanne Sweeny

Cleveland State Law Review

This Article traces the historical development of street harassment from its emergence in the Victorian era to its contemporary manifestations, situating it within broader social, legal, and gendered frameworks. It explores the cultural and structural forces that have enabled street harassment to persist over time, examining how it functions as both a method of gendered control and a reflection of public space dynamics. While street harassment has long been recognized by those who experience it as a form of violence and domination, the law has consistently failed to treat it as such. Instead, legal responses have often focused not on …


How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker Apr 2026

How Gender Impacts Mock Jurors’ Receptiveness To Aggravating And Mitigating Evidence In Capital Trials, Jolie E. Parker

Undergraduate Theses

This study examines how gender influences mock jurors’ receptiveness to aggravating and mitigating evidence in capital trials. Drawing on prior research that highlights the critical role of mitigation in reducing death sentences and persistent gender differences in death penalty attitudes, this study addresses a gap in the literature by analyzing how gender shapes responses to specific types of evidence rather than general support for capital punishment. Using a quantitative survey of 209 participants, the research analyzes Likert-scale responses measuring how various aggravating and mitigating factors impact sentencing preferences. Results indicate a weak but consistent relationship between gender and receptivity to …


Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell Apr 2026

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …


Law School News: Women In Law Leadership Lecture Welcomes Victims' Rights Attorney Carrie Goldberg To Roger Williams University School Of Law 3-19-2026, Mikayla Larguinha Mar 2026

Law School News: Women In Law Leadership Lecture Welcomes Victims' Rights Attorney Carrie Goldberg To Roger Williams University School Of Law 3-19-2026, Mikayla Larguinha

Life of the Law School (1993- )

No abstract provided.


2026 Ruth Bader Ginsburg Contest Winners Announced At Rwu Law Women In Law Leadership Lecture 3-4-2026, Roger Williams University School Of Law Mar 2026

2026 Ruth Bader Ginsburg Contest Winners Announced At Rwu Law Women In Law Leadership Lecture 3-4-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Annual Rev. Dr. Martin Luther King, Jr. Celebration Lecture 01-28-2026, Roger Williams University School Of Law Jan 2026

Annual Rev. Dr. Martin Luther King, Jr. Celebration Lecture 01-28-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Confronting Inequality: Three Eras Of Gender And Tax Scholarship, Bridget J. Crawford Jan 2026

Confronting Inequality: Three Eras Of Gender And Tax Scholarship, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Tax law is not neutral--it encodes social values and reinforces certain longstanding hierarchies. For over fifty years, legal scholarship at the intersection of gender and tax has exposed how seemingly neutral tax laws perpetuate gender inequality. This Article uses the metaphor of quilting to trace the evolution of this scholarly field across three distinct eras.   Part I names and defines the designing era (1971-1986), which began with Grace Blumberg's writing on the gendered impact of tax laws on marriage, labor, and caregiving; she framed taxation as a tool of social control over women. Blumberg's work laid the foundation for other …


Intersectional Dynamics Of Race And Gender: Voting Behavior And The 2024 U.S. Presidential Election, Daniella Basdeo Jan 2026

Intersectional Dynamics Of Race And Gender: Voting Behavior And The 2024 U.S. Presidential Election, Daniella Basdeo

Honors Undergraduate Theses

Presidential elections do more than choose a leader; they give us an inside look at how identity shapes voters’ choices. The 2024 election made this especially clear. Looking at Kamala Harris, who represents multiple underrepresented identities, we see a candidate who is not only a woman and a person of color, but specifically a woman of color running at the national level. This election is the first time we see several minority identities in a candidate in a presidential race, and what makes this unique is that, at the national level, it is much harder for candidates to be fully …


Gender And Tax Scholarship As Critical Method, Bridget J. Crawford Oct 2025

Gender And Tax Scholarship As Critical Method, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Part I of this Essay offers an overview of the legal scholarship that laid the intellectual foundation for the field of gender and tax scholarship. Part II briefly recaps the organization of the symposium and the work presented. The collective work arising from the symposium reflects both the breadth and complexity of contemporary thinking on gender and taxation. In many cases, the symposium essays push the boundaries of the field in new and generative directions. Part III then turns toward the future, identifying areas of inquiry that remain underexplored, with an eye toward paths for continued research. This Essay closes …


Justice For All…. Except For Male Sexual Assault Victims, Samely Gierbolini Sanchez Sep 2025

Justice For All…. Except For Male Sexual Assault Victims, Samely Gierbolini Sanchez

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.


The Hidden Revolution: How Patent Law Is Shaping Women's Health Tech, Daniel Mendoza May 2025

The Hidden Revolution: How Patent Law Is Shaping Women's Health Tech, Daniel Mendoza

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


State Legislatures And Trans* Genocide (?) In The United States, Shannon Fyfe May 2025

State Legislatures And Trans* Genocide (?) In The United States, Shannon Fyfe

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Menstrual Justice After Dobbs, Margaret E. Johnson May 2025

Menstrual Justice After Dobbs, Margaret E. Johnson

All Faculty Scholarship

This Article identifies and analyzes the category of state and private regulation that is invisible and subordinates women and other menstruators in ways that impact their privacy, liberty, and equality. Because this category of regulation is pervasive, bringing it to light is critical for considering how best to curb its harm. This Article considers potential legal strategies to counter such menstruation regulation and argues that Dobbs v. Jackson Women’s Health Organization offers some promise—but more cause for pessimism—regarding the U.S. Constitution’s power to do so. This Article therefore explains how subconstitutional law offers greater potential, while cautioning that political science …


The Right To Gender-Affirming Care, Justin J. Soulas Apr 2025

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …


Gendering The New International Convention On Cybercrimes And New Norms On Artificial Intelligence And Emerging Technologies, Rangita De Silva De Alwis Apr 2025

Gendering The New International Convention On Cybercrimes And New Norms On Artificial Intelligence And Emerging Technologies, Rangita De Silva De Alwis

Washington Journal of Law, Technology & Arts

The trifecta of the Digital Global Compact (2024), the UN General Assembly Resolution on AI for Sustainable Development (2024) and the new Cyber Crime Convention (2025) come at a time of what seems to be an inexorable march of new technology. It is also at a time of transborder disruption caused by data breaches and cyber threats, that binding international norms can respond to global challenge. However, it must be emphasized that digital violence, developer bias, and data bias are not new phenomena, they have existed since the origins of the internet. Data that is used to train machine-learning algorithms …


Menstruation, Menopause, And The Pregnant Workers Fairness Act, Marcy L. Karin, Deborah Widiss Jan 2025

Menstruation, Menopause, And The Pregnant Workers Fairness Act, Marcy L. Karin, Deborah Widiss

Articles by Maurer Faculty

Some workplaces are extraordinarily inhospitable to menstruators, especially those in low-wage jobs. Workers have been denied restroom breaks and then harassed or fired after menstrual blood leaked onto their clothes or their employer’s property. Employers routinely refuse to provide accommodations for menopause symptoms or time off for menstruation-related medical care. The failure to support menstruators is a significant barrier to ensuring workplace equality. This Article explains how federal laws, including the landmark Pregnant Workers Fairness Act (PWFA), can—and should—be interpreted to help address these inequities. PWFA requires employers to provide “reasonable accommodations” for “pregnancy, childbirth, or related medical conditions.” Menstruation …


Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes Jan 2025

Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes

Indiana Journal of Law and Social Equality

No abstract provided.


Never Again: Zionism And The Jewess, Rona Kaufman Jan 2025

Never Again: Zionism And The Jewess, Rona Kaufman

FIU Law Review

The State of Israel was established, in part, to ensure that Jews would never again be killed with impunity. More specifically, the State of Israel was established to ensure that never again would Jewish women and girls be systematically raped, assaulted, violated, and mutilated in a pogrom-like attack against the Jewish people. It is well known that the sweep of history connects Jews with the land of Israel from ancient times to today and serves as an important foundation for political Zionism. Less understood is that the atrocities against Jewish women and girls, committed over thousands of years and across …


Policing Gender: The Interest Convergence Of Women's And Transgender Rights, Michael Ulrich Jan 2025

Policing Gender: The Interest Convergence Of Women's And Transgender Rights, Michael Ulrich

Faculty Scholarship

The social, political, and legal landscape has seen a resurgence of gender fundamentalism, seeking to reinforce archaic notions of what it means to be a woman. Social media movements run in tandem with this resurgence of gender fundamentalism. For instance, the “tradwife” phenomenon that romanticizes a domestic, subservient role for women.1 Alabama Senator Katie Britt most infamously reflected the convergence of these trends when she delivered her response to the State of the Union from a kitchen table and proclaimed that her message was “a direct appeal” to her “fellow moms.”2 Meanwhile, executive orders and state laws have …


Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin Dec 2024

Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin

Washington Law Review

This Article examines the often-overlooked practice of “selective performance” of standard form consumer contracts—where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about discrimination. Through both theoretical analysis and empirical evidence, this Article demonstrates that discretionary performance can disproportionately favor certain consumer groups, particularly along racial and gender lines, leading to biased and inequitable outcomes. Drawing on examples from diverse sectors, including retail, insurance, and mortgage services, the Article highlights how marginalized communities, especially Black consumers, frequently face harsher treatment and greater …


Where There's A Will, There's A Way: Abortion Litigation In The States, Catherine Dowd Nov 2024

Where There's A Will, There's A Way: Abortion Litigation In The States, Catherine Dowd

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Last Word On The Ohio Constitution, Jonathan L. Entin Nov 2024

The Last Word On The Ohio Constitution, Jonathan L. Entin

Et Cetera

This essay offers a detailed overview of Steinglass & Scarselli’s significantly revised and expanded second edition of The Ohio Constitution, the leading analysis of that subject. The essay explores some broad themes, including judicial review, judicial independence, the relationship between the judiciary and the political branches of Ohio government, separation of powers, race and gender, the new judicial federalism, and the process for amending the Ohio Constitution. The book is an extraordinary resource for the Ohio bench and bar as well as for the general public. The essay explains why that is so and suggests that readers will use this …


Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law Nov 2024

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Second Amendment’S Second Sex, Michael Ulrich Nov 2024

The Second Amendment’S Second Sex, Michael Ulrich

Faculty Scholarship

This Essay explores how the Supreme Court’s Second Amendment doctrine perpetuates gender hierarchies and a male monopoly on lethal self-defense. It critiques the narrow “true man” framing that ignores women’s experiences and advocates for a justice-centered framework that incorporates power and privilege into the gun-rights discourse.


Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law Jul 2024

Law School News: Mandell-Boisclair Justice Camp Prepares Young Scholars To Become Future Lawyers, Social Justice Advocates 7-26-2024, Jordan J. Phelan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Contracting For Social Change, Adam N. Eckart May 2024

Contracting For Social Change, Adam N. Eckart

University of Miami Business Law Review

Throughout history, social change has often been shaped by high profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling techniques, and can use such drafting techniques in order to 1) write better and more complete agreements that are more consistent with business-led social activism already taking place, and 2) influence society by forcing counterparties to evolve on social issues, change industry practice, or foster …


Board Diversity Is Here To Stay: Extrajudicial Avenues, Maryann Lennon May 2024

Board Diversity Is Here To Stay: Extrajudicial Avenues, Maryann Lennon

University of Miami Business Law Review

Board diversity laws have become a focus of corporations, lawmakers, and courts across the country as constitutional challenges to the policies continue to be raised. California is one of the first states to implement statutes relating to board diversity requirements for publicly held corporations within the state. Nasdaq has followed in similar footsteps, implementing new rules that require a certain number of diverse members on boards for companies listed on the exchanges or a statement explaining a lack thereof. Supporters of the board diversity laws may want to lean on arguments made upholding affirmative action policies within the university system. …


Ruth Bader Ginsburg Essay/Art Contest 2024, Roger Williams University School Of Law Apr 2024

Ruth Bader Ginsburg Essay/Art Contest 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law Apr 2024

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Survival Labor, Yvette Butler Apr 2024

Survival Labor, Yvette Butler

Articles by Maurer Faculty

This Article makes one simple, novel claim: crime is labor when it generates income, allows individuals to pursue self-sufficiency, or allows them to fulfill societal expectations of providing for or caring for dependents. When individuals engage in survival crimes, instead of seeing them as criminals, we should see them as workers engaged in survival labor.

The carceral system continues to disproportionately harm racial minorities and people living in poverty. The foundations of many laws regulating racialized bodies and the policing of those bodies has created a culture where blackness is equivalent to criminality. While a penal abolitionist framework is helpful …