Law and Gender Commons^™

Gender And Specialization In The Practice Of Divorce Law, Richard J. Maiman, Lynn Mather, Craig A. Mcewen

Maine Law Review

In the past two decades, the gender composition of the legal profession in the United States has changed dramatically. While women comprised less than five percent of the nation's lawyers in 1970, the proportion of women lawyers had increased to more than 19% by the end of 1988, and roughly 40% of new lawyers each year are now women. However, the movement of women into the legal profession has not been easy. As a consequence, considerable commentary has been focused on the significant problems of sexual harassment, discrimination, and other forms of gender bias, and on such issues as the …

Queering The Dream—The Impact Trump’S Decision Has On Lgbtq+ Dreamers, Candelario Saldana

University of Miami Race & Social Justice Law Review

On June 15, 2012, President Obama created the Deferred Action for Childhood Arrivals (“DACA”) program, which was an exercise of prosecutorial discretion that provided temporary relief from deportation to youth known as Dreamers. On September 5, 2017, the Trump administration announced that it would begin phasing out the program. The fate of the program has recently been litigated in courts including the Supreme Court, with a decision pending from the Supreme Court anytime in 2020 (although there is a push to stall a decision due to the COVID-19 pandemic). In this article I discuss the historical context of DACA and …

Ten Years Fighting Hate, David A. Hall

University of Miami Race & Social Justice Law Review

On October 28, 2009, President Barack Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (“the Act”). One of the goals of the Act was to broaden protections against crimes motivated by hatred for a person’s group membership (her perceived race, national origin, gender or gender identity, sexual orientation, disability, or religion). The Act intends to address the need for US law to recognize the particularly destructive and virulent nature of crimes motivated by this kind of animus toward minority groups. Such crimes can often have an outsized effect, because they are intended to …

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

Law & Economics Working Papers

Because Title IX of the Education Amendments of 1972 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), the administration of that statute by the Department of Education's Office for Civil Rights 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 for being illegitimate—for reflecting the agency’s improper imposition of value judgments on the statute. Three key applications of Title IX have …

Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah

William & Mary Journal of Race, Gender, and Social Justice

While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld Esq., Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal …

Identity: Obstacles And Openings, Osamudia R. James

SMU Law Review Forum

Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward “identity politics,” the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

Evaluating The Classification Of Gender Confirmation Surgery As A Medical Necessity For Inmates, Alexis J. Watson

Brigham Young University Prelaw Review

In 2012, Mason Edmo pleaded guilty to the sexual abuse of a fifteenyear-

old boy and was sentenced to ten years in prison. While in

prison, Edmo announced that she identified as a female and changed

her name to Adree. Edmo went on to request gender confirmation

surgery (also known as “sex reassignment surgery”) while still in

prison. Initially, Edmo was not granted the surgery by the Idaho

Department of Corrections, and went on to self-harm and attempt

self-castration twice. In 2017, Edmo filed suit against the Idaho State

Department of Corrections (IDOC) and won. The IDOC disagreed

with the …

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
• I am the Woman Who Can
• Flashes of Light: Thoughts on Circumstantial Evidence
• Capital Markets and Human Flourishing

Read on Issuu

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …

Human Rights In The Six Arab States Of The Gulf Cooperation Council (Gcc): From Vision To Reality, Eleni Polymenopoulou

Cardozo International & Comparative Law Review

The article examines the evolving landscape of human rights in Gulf Cooperation Council (GCC) States, arguing that while there is a noticeable shift toward better human rights compliance, this progress is primarily driven by economic diversification and geopolitical strategies rather than a genuine embrace of international human rights norms. The analysis highlights that despite advancements in social and economic rights, significant challenges persist in areas such as civil liberties and media freedom. The article posits that human rights are increasingly viewed as essential for economic growth and development in the region, rather than merely as universal values.

Addressing The Supreme Court’S ‘Constitutional Orphan’: Determining The Scope Of The Second Amendment In Public, Along With Its Need To Be Regulated, Eli Zlotowitz

Cardozo International & Comparative Law Review

No abstract provided.

The Convention On The Elimination Of All Forms Of Discrimination Against Women: What Impact, If Any, Has It Had On Reproductive Health And Abortion Rights Around The World?, Casey Katz Pearlman

Cardozo International & Comparative Law Review

The note examines the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on reproductive rights and abortion laws, with a focus on Ireland's 2018 repeal of the Eighth Amendment, which legalized abortion. While CEDAW did not directly cause the repeal, it contributed to a broader international framework influencing the decision. The note also compares Ireland's experience with the United States, where CEDAW has not been ratified, and highlights the ongoing challenges in advancing reproductive rights globally.

The Title Ix Contract Quagmire, Bryce Freeman

Michigan Law Review

Courts and scholars have long grappled with whether and to what extent educational institutions are in contract with their students. If they are, then students can sue their private universities for breaching that contract— ordinarily understood as the student handbook and other materials—when the institution levies a disciplinary action against the student. But what promises, both implicit and explicit, do private universities make to their students that courts should enforce? This question has resurfaced in the Title IX context, where courts have largely drawn clear dividing lines between the rights of public and private university students. This Comment provides a …

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …

Understandings Of Sexual Consent Among Male And Female Zulu South Africans In Masxha, Kwazulu-Natal, Larkin Levine

Independent Study Project (ISP) Collection

Though South Africa has an astonishingly high rate of rape and sexual violence, little research has been conducted on understandings of sexual consent outside of the context of rape and sexual violence in different South African communities. Instead, research has focused on understandings and perceptions of rape and sexual violence alone, ignoring the importance of understanding how individuals approach consent in healthy sexual relationships.

Through conducting semi-structured interviews with sixteen Zulu males and females of different ages, all of whom are residents of Masxha, I hoped to learn how these individuals understand sexual consent and how consent is requested, given, …

The Sexual Being: A Vulnerability Theory Approach To Sexual Assault, Brittany Pierce

Cardozo Journal of Equal Rights & Social Justice

The article critiques traditional legal frameworks addressing sexual assault for focusing on a flawed neoliberal concept of consent, which fails to account for power imbalances and societal influences. It advocates for a vulnerability theory approach, emphasizing that sexual assault is deeply rooted in institutional failures, particularly in education, religion, and cultural norms, which perpetuate harmful gender roles and lack of comprehensive sexual education. The author argues that addressing these systemic issues through education and regulation is more effective than solely refining legal definitions of consent.

Children's Equality Rights: Every Child's Right To Develop To Their Full Capacity, Nancy E. Dowd

Cardozo Law Review

Children are born equal. Yet as early as eighteen months, hierarchies emerge among children. These hierarchies are not random butfall into patterns by race, gender, and class. They are not caused nor voluntarily chosen by children or their parents. The hierarchies grow, persist, and are made worse by systems and policies created by the state, perpetuating the position of the privileged and continuing the disadvantage of the subordinated. Children's equal right to develop to their capacity is severely undermined by policies and structures that hamper and block the development of some by creating barriers and challenges or failing to support …

Challenging Transition-Related Care Exclusions Through Disability Rights Law, Kevin Barry

University of the District of Columbia Law Review

Despite the growing visibility and acceptance of transgender people, discrimination against them persists.1 Transgender people are routinely denied identity documents that accurately reflect their sex.2 They are excluded from service in the U.S. military and from the protections of state civil rights laws.3 They are fired from their jobs, evicted from their homes, turned away from homeless shelters, denied custody of their children, harassed by law enforcement, and deprived of access to appropriate single-sex services in schools, prisons, and immigration detention centers—because they are transgender.4

Diversity And Inclusion In The American Legal Profession: First Phase Findings From A National Study Of Lawyers With Disabilities And Lawyers Who Identify As Lgbtq+, Peter Blanck, Ynesse Abdul-Malak, Meera Adya, Fitore Hyseni, Mary Killeen, Fatma Altunkol Wise

University of the District of Columbia Law Review

This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (“ABA”).1 With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse backgrounds, with a primary focus on lawyers who identify as having health conditions, impairments, and disabilities, and on lawyers who identify as lesbian, gay, bisexual, transgender, queer, or as having other sexual orientations and gender identities (“LGBTQ+” as an overarching term). Importantly, the investigation also considered the intersectional nature of these …

Is The Right To Abortion Still Specially Protected?, John M. Greabe

Law Faculty Scholarship

[excerpt] Last week, in June Medical Services v. Russo, the Supreme Court heard arguments in a case that once again raises questions about the extent to which the Constitution protects a woman's right to end a pregnancy. But the way in which the court resolves the case is likely to reveal more than just its views on abortion rights.

This column, the first in a series of three, describes the legal and historical path that led to June Medical Services. The next two will explore what the case suggests about, respectively, how the current court will treat constitutional …

Online Sex Trafficking Hysteria: Flawed Policies, Ignored Human Rights, And Censorship, Regina A. Russo

Cleveland State Law Review

On April 11, 2018, President Donald Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law, passed with bipartisan support, created a new federal offense that prohibits the use or operation of websites with the intent to "promote" or "facilitate" prostitution, expanded existing liability for federal sex trafficking offenses, and amended Section 230 of the Communications Decency Act. Touted as the "most important law protecting Internet speech," section 230 provides broad protection for online intermediaries that host or republish speech. It immunizes online intermediaries from liability for the things that third-party users …

Communication, Knowledge Sharing And Danger Assessments: Key Factors In The Prevention Of Domestic Violence Fatalities, Elaine Craig

Articles, Book Chapters, & Popular Press

No Visible Bruises offers a truly comprehensive exploration of the problem of domestic violence and our socio-legal responses to it. The book is framed around key stories and insights from victims and perpetrators, law enforcement, and academics and advocates who have worked to reform social and legal responses to intimate partner violence. The book convincingly demonstrates the systemic nature of the problem in part because it is so comprehensive in its assessment of the issue. Snyder draws connections between the pervasive and silent character of domestic violence and the economy, education systems, social stigma, sexism and intergenerational abuse. Using specific …

Program For Advancing Equal Access To Justice By Challenging Gender Bias In The Legal Profession: What’S Next?, Women's Bar Association Of Maryland, University Of Maryland Carey School Of Law’S Moser Ethics In Action Initiative, University Of Maryland Carey School Of Law’S Women Leadership And Equality Program

2020: Challenging Gender Bias in the Legal Profession

No abstract provided.

Me Too? The Invisible Older Victims Of Sexual Violence, Ruthy Lowenstein Lazar

Michigan Journal of Gender & Law

A review of legal research on violence against women and elder abuse reveals a disturbing picture. There is hardly any American legal research examining sexual abuse of older women and its conceptualization in legal literature and treatment in the legal system.

This Article attempts to fill the abovementioned gap and to bring the hidden issue of sexual violence against older women to light. Scholars writing on rape, violence against women, and elder abuse tend to analyze age and gendered sexual violence separately from each other, without accounting for their interplay. This Article proposes a conceptual framework of sexual abuse of …

The Plight Of Women In Positions Of Corporate Leadership In The United States, The European Union, And Japan: Differing Laws And Cultures, Similar Issues, Bettina C. K. Binder, Terry Morehead Dworkin, Niculina Nae, Cindy A. Schipani, Irina Averianova

Michigan Journal of Gender & Law

Gender diversity in corporate governance is a highly debated issue worldwide. National campaigns such as “2020 Women on Boards” in the United States and “Women on the Board Pledge for Europe” are examples of just two initiatives aimed at increasing female representation in the corporate boardroom. Several

European countries have adopted board quotas as a means toward achieving gender diversity. Japan has passed an Act on Promotion of Women’s Participation and Advancement in the Workplace to lay a foundation for establishing targets for promoting women.

This Article examines the status of women in positions of leadership in the United States, …

The Ground On Which We All Stand: A Conversation About Menstrual Equity Law And Activism, Bridget J. Crawford, Margaret E. Johnson, Marcy L. Karin, Laura Strausfeld, Emily Gold Waldman

Michigan Journal of Gender & Law

This essay grows out of a panel discussion among five lawyers on the subject of menstrual equity activism. Each of the authors is a scholar, activist, or organizer involved in some form of menstrual equity work. The overall project is both enriched and complicated by an intersectional analysis.

This essay increases awareness of existing menstrual equity and menstrual justice work; it also identifies avenues for further inquiry, next steps for legal action, and opportunities that lie ahead. After describing prior and current work at the junction of law and menstruation, the contributors evaluate the successes and limitations of recent legal …

On Beauty And Policing, I. India Thusi

Northwestern University Law Review

“To protect and serve” is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers’ perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and …

Cultural Ip Vs. Commercial Ip, J. Janewa Osei-Tutu

Articles

No abstract provided.