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Full-Text Articles in Law and Gender

How To Change The Narrative Of The Women's Suffrage Movement -- And Why It Matters, Andrea Schneider, Kristen Foster, Sarah Wadsworth, Lisa Tetrault, Atiba Ellis Jan 2021

How To Change The Narrative Of The Women's Suffrage Movement -- And Why It Matters, Andrea Schneider, Kristen Foster, Sarah Wadsworth, Lisa Tetrault, Atiba Ellis

Marquette Intellectual Property & Innovation Law Review

Hi, my name is Andrea Kupfer Schneider, Professor of Law and Director of the Institute for Women's Leadership at Marquette University. In honor of the one hundredth anniversary of the Nineteenth Amendment and in recognition of how important women are in this current election, we are delighted to bring you our virtual conference on Women's Suffrage and Innovation. Thank you for joining us.


Power And Pay In The C-Suite, Afra Afsharipour, Darren Rosenblum Jan 2021

Power And Pay In The C-Suite, Afra Afsharipour, Darren Rosenblum

Faculty Publications

(Excerpt)

The debate over executive pay has gripped corporate law scholars, regulators, and the national public for decades. A C-Suite position provides uniquely lucrative financial benefits to executives, especially to Chief Executive Officers (CEOs). Over the past few decades, CEO pay has risen spectacularly, as has debate regarding why this has occurred and whether policy should or can correct it. The reasons why CEO pay has increased exponentially in the last 30 years are complex, and the solutions for reigning in executive compensation have been incomplete at best.

Yet one glaring fact about the C-Suite eludes much of the corporate …


Medical Violence, Obstetric Racism, And The Limits Of Informed Consent For Black Women, Colleen Campbell Jan 2021

Medical Violence, Obstetric Racism, And The Limits Of Informed Consent For Black Women, Colleen Campbell

Michigan Journal of Race and Law

This Essay critically examines how medicine actively engages in the reproductive subordination of Black women. In obstetrics, particularly, Black women must contend with both gender and race subordination. Early American gynecology treated Black women as expendable clinical material for its institutional needs. This medical violence was animated by biological racism and the legal and economic exigencies of the antebellum era. Medical racism continues to animate Black women’s navigation of and their dehumanization within obstetrics. Today, the racial disparities in cesarean sections illustrate that Black women are simultaneously overmedicalized and medically neglected—an extension of historical medical practices rooted in the logic …


It's About Bloody Time And Space, Lolita Buckner Inniss Jan 2021

It's About Bloody Time And Space, Lolita Buckner Inniss

Publications

Time frames relationships of power, especially in the context of law. One of the clearest ways in which time is implicated in both law and society is via discourses about women’s biological functions. This Article is an introduction to a larger project that analyzes legal discourses regarding a crucial aspect of women’s calendrically-associated biological functions: women’s menstrual periods. Over the course of the project, I explore legal discourses about menstruation through the notion of what literary theorist Mikhail Bakhtin calls “chronotopes”—a connectedness of temporal and spatial relationships. Temporality, Bakhtin argues, is closely associated with certain paradigmatic spaces, and the combination …


Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson Jan 2021

Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson

Faculty Scholarship

Noah Kazis’s important article, Fair Housing for a Non-sexist City, shows how law shapes the contours of neighborhoods and embeds forms of inequality, and how fair housing law can provide a remedy. Kazis surfaces two dimensions of housing that generate inequality and that are sometimes invisible. Kazis highlights the role of planning and design rules – the seemingly identity-neutral zoning, code enforcement, and land-use decisions that act as a form of law. Kazis also reveals how gendered norms underlie those rules and policies. These aspects of Kazis’s project link to commentary on the often invisible, gendered norms that shape …


Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden Dec 2020

Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey Dec 2020

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.


Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey Oct 2020

Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.


The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja Oct 2020

The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja

Washington and Lee Journal of Civil Rights and Social Justice

This Note analyzes asylum law’s lack of explicit protection for individuals who suffer persecution based on their gender, and the reluctance of immigration courts to grant asylum for claims centered on the applicant’s gender. This Note explores opportunities for relief from removal for gender-based asylum claims under the current framework, namely under the particular social group category of United States immigration law. After analysis under current law, this Note proposes a judicial resolution explicitly recognizing particular social groups such as “women from [country].” Next, a statutory of regulatory amendment is suggested that unequivocally allows for asylum claims on the basis …


Reclaiming Access To Truth In Reproductive Healthcare After National Institute Of Family & Life Advocates V. Becerra, Diane Kee Oct 2020

Reclaiming Access To Truth In Reproductive Healthcare After National Institute Of Family & Life Advocates V. Becerra, Diane Kee

Michigan Law Review

Crisis Pregnancy Centers (CPCs) are antiabortion organizations that seek to “intercept” people with unintended pregnancies to convince them to forego abortion. It is well documented that CPCs intentionally present themselves as medical professionals even when they lack licensure, while also providing medically inaccurate information on abortion. To combat the blatant deception committed by CPCs, California passed the Reproductive FACT Act in 2015. The Act required CPCs to post notices that disclosed their licensure status and informed potential clients that the state provided subsidized abortion and contraceptives. Soon after, CPCs brought First Amendment challenges to these disclosure requirements, claiming that the …


On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah Oct 2020

On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah

Articles

This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.


Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden Sep 2020

Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos Sep 2020

Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos

Articles

Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …


Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To South Dakota Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Texas Board Of Law Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To Texas Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Kansas Board Of Law Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To Kansas Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Nebraska State Bar Commission, Legislation/Civil Rights Clinic Jul 2020

Letter To Nebraska State Bar Commission, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To State Board Of Law Examiners North Dakota, Legislation/Civil Rights Clinic Jul 2020

Letter To State Board Of Law Examiners North Dakota, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To Oklahoma Board Of Bar Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Alabama State Bar, Legislation/Civil Rights Clinic Jul 2020

Letter To Alabama State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To The Office Of The Board Of Bar Examiners Oregon, Legislation/Civil Rights Clinic Jul 2020

Letter To The Office Of The Board Of Bar Examiners Oregon, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Associate Director Of The Idaho State Bar Exam, Idaho State Bar, Legislation/Civil Rights Clinic Jul 2020

Letter To Associate Director Of The Idaho State Bar Exam, Idaho State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Office Of Bar Admissions Supreme Court Of South Carolina, Legislation/Civil Rights Clinic Jul 2020

Letter To Office Of Bar Admissions Supreme Court Of South Carolina, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Wyoming State Bar, Legislation/Civil Rights Clinic Jul 2020

Letter To Wyoming State Bar, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Executive Director Office Of Professional Programs Arkansas, Legislation/Civil Rights Clinic Jul 2020

Letter To Executive Director Office Of Professional Programs Arkansas, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Negotiation: Women’S Voices, Morial Shah Jul 2020

Negotiation: Women’S Voices, Morial Shah

Pepperdine Dispute Resolution Law Journal

Gender shapes the way we communicate. Using legal theory, case studies and intercultural analysis, this paper explores the way women’s self-identity interacts with negotiation processes and outcomes. Part I examines social, psychological, cultural and political factors shaping women’s identity, voice and participation in negotiations. Part II explores the way women’s view of themselves impacts their participation in negotiations. Lastly, Part III studies the impact of formal training on gender-based differences in negotiations. Through investigating gender’s impact on negotiations, this paper finds that gender and context interact with negotiation process and outcomes. Through gaining more insight on gender’s context-specific impact, negotiators …


Letter To Department Of Admissions/Exam State Bar Of Montana, Legislation/Civil Rights Clinic Jul 2020

Letter To Department Of Admissions/Exam State Bar Of Montana, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Mississippi Board Of Bar Admissions, Legislation/Civil Rights Clinic Jul 2020

Letter To Mississippi Board Of Bar Admissions, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To The West Virginia Board Of Law Examiners, Legislation/Civil Rights Clinic Jul 2020

Letter To The West Virginia Board Of Law Examiners, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Letter To Washington State Bar Association, Legislation/Civil Rights Clinic Jul 2020

Letter To Washington State Bar Association, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.