Law and Gender Commons^™

From Meritor To The New Millenium - Adapting Sexual Harassment Legal Standards For The Internet Age, Jill Wesley

DePaul Journal of Women, Gender and the Law

No abstract provided.

Immutability Of Identity, Title Vii, And The Ada Amendment Act: How Being "Regarded As" Transgender Could Affect Employment Discrimination, Maria Pahl

DePaul Journal of Women, Gender and the Law

No abstract provided.

Criminalizing Victims: The Importance Of Ending Felony Prostitution In Illinois, Rachel Johnson

DePaul Journal of Women, Gender and the Law

No abstract provided.

Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael L. Buenger

Buffalo Human Rights Law Review

Human rights agreements like the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) contain language that seeks to inspire and establish the legal boundaries of state action with regards to protected rights. Such agreements also contain reservation provisions that enable states to join an agreement and simultaneously exempt themselves from the very substantive goals the agreement seeks to achieve. In the past, the issue of reservation compatibility has been treated as political questions under an objection process. Establishing a mechanism for testing reservation compatibility before the International Court of Justice is a better means of ensuring …

Men And Boys And The Ethical Demand For Social Justice, 20 Wash. & Lee J. Civil Rts. & Soc. Just. 507 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

This essay makes what some might consider a bold and novel assertion. Relying on fact-based analysis of present day social conditions, it argues that the female-oppression-male-culprit paradigm is antiquated and injurious to both men and women. It claims that existing conceptions of American society in which the vast majority of the nation's men and boys are victimless and empowered, and the core of the nation's women and girls are victims and disempowered, cannot be fundamentally or morally justified. It will demonstrate that today's regimented imperative for addressing gender discrimination and social injustice by allocating legal rights and entitlements exclusively to …

The Dormant Clause: How The Failure Of The Repugnancy Clause Has Allowed For Discrimination Against Women In Zambia, Pamela Amaechi, Erica Mildner

Southern African Journal of Policy and Development

Zambia’s legal system combines unwritten customary law with post-colonial statutory law. However, select traditions clash with statutes promoting gender equality. Though the repugnancy clause promotes the supremacy of written law in discrimination cases, it has not been utilized effectively. This paper raises the sources behind the clause’s rare application and explores the possibility of utilizing the equal protection legal strategy employed by Botswana to prevent sex discrimination under customary law. This paper is based on a study of existing literature on the repugnancy clause in Southern Africa. Interviews were held with Boma and Chelstone Local Court Magistrates, as well as …

The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

Virtually no academic or media attention has been dedicated to female traffickers, or female delinquency, in general. Human trafficking, like other crimes, has been myopically constructed, marketed, and viewed through news reports, cinema, literature, and criminal statutes as a heinous male-perpetrated offense against women and girls, rendering the female trafficker practically invisible. This essay questions the soundness and viability of continued reliance on the female victim-male culprit paradigm, used by many countries to prevent human trafficking. It confronts contemporary assumptions about femininity, violence, and aggression, calling particular attention to American cultural suppositions about femaleness that have detrimentally influenced our capacity …

Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson

Faculty Works

Unless middle school and high school girls in urban, rural, and minority communities are given the opportunities to participate in the emerging women’s sports, gender equity is being only facially achieved because Title IX requirements are implemented without specific regard to detrimental impacts on the aforementioned subgroups. This Article will consider the intersection of race, gender, economic status, and community characteristics with sports participation for girls in grades K-12 and will argue that there are two categories of intentional discrimination that are both actionable under Title IX. The first is direct discrimination by a perpetrator of the discrimination — the …

Unbinding Working Women In A "Binders-Full-Of-Women" Nation: How The United States Can Learn From Swedish, Norwegian And Icelandic Successes In Gender Pay Gap Legislation, Lily Hall

Cardozo Journal of International and Comparative Law

The note argues that the United States can significantly reduce its gender pay gap (GPG) by adopting policies inspired by Nordic countries, such as Sweden, Norway, and Iceland. These nations have achieved remarkable progress in gender equality through measures like generous parental leave, robust childcare systems, and boardroom quotas. The U.S., in contrast, faces persistent challenges due to limited legal protections and cultural resistance. The note advocates for legislative reforms, enhanced enforcement mechanisms, and cultural shifts to address these disparities.

Natural Law, Equality, And Same-Sex Marriage, Perry Dane

Buffalo Law Review

No abstract provided.

A Survey Of State Fetal Homicide Laws And Their Potential Applicability To Pregnant Women Who Harm Their Own Fetuses, Andrew S. Murphy

Indiana Law Journal

A discussion of the recent case in which a pregnant Indiana woman named Bei Bei Shuai was prosecuted for fetal homicide following a failed suicide attempt and later miscarriage. The Comment uses this case as a comparison point for different cases and statutes in all fifty states and suggests possible principles for a more unified doctrine and approach.

Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade

Faculty Publications

The excellent conference organized by Darren Rosenblum comparing global approaches to board diversity inspired me to think about how progress in this context has unfolded in the United States. Even though the issue of diversity on corporate boards has become a global issue, few U.S. boards have moved beyond mere tokenism when it comes to female directors. One reason for the lack of diversity among corporate directors is that board selection has been based on membership in a particular network. This essay, however, focuses on the persisting problem of discrimination—a more invidious explanation for the fact that very few corporate …

Jo Becker’S “Forcing The Spring: Inside The Fight For Marriage Equality”, Arthur S. Leonard

Other Publications

This post originally appeared on https://www.artleonardobservations.com/jo-beckers-forcing-the-spring-inside-the-fight-for-marriage-equality/

Women, Unions, And Negotiation, Nicole Buonocore Porter

Faculty Publications

In a period when union membership is at an all-time low (at least in the private sector), some (or perhaps many) people have given up hope that the labor movement can be revived. I believe that the labor movement still has the potential to be successful but needs to be re-imagined and reinvigorated. One way (among many) of doing this is to increase women's attachment to the labor movement. Now that women comprise nearly 47 percent of the workforce, it makes sense to have a concentrated effort to increase their union participation.

Not only will more women in unions increase …

Choices, Bias, And The Value Of The Paycheck Fairness Act: A Response Essay, Nicole Buonocore Porter

Faculty Publications

In the previous article written by Gary Siniscalco, Lauri Damrell, and Clara Morain Nabity [The Pay Gap, the Glass Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act], the authors argue that the pay gap is not primarily caused by employer discrimination, but rather can be attributed to many factors, including the "glass ceiling" and choices made by women regarding occupation, caregiving, and commitment to the workforce. Thus, they argue that we should not place blame on employers and focus on the reach of anti-discrimination laws, and should instead acknowledge that there is a …

Learning Critical Legal Theory Across The Curriculum: An Innovative Course In Applied Feminism, Michele E. Gilman

All Faculty Scholarship

In law schools, we are so accustomed to a single professor teaching each substantive class that we rarely question this method of teaching. Imagine instead a class taught by fourteen professors, each of whom teaches for one week to share their substantive expertise through the lens of critical legal theory. At the University of Baltimore School of Law, we offer such a course, entitled Special Topics in Applied Feminism. Throughout the semester, students are exposed to feminist legal perspectives on a wide range of substantive topics, including tax law, international law, immigration law, employment law, and many others.

The course …

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Scholarly Works

I start this Article from the premise that the Court was correct in Roe v. Wade concerning the significance of fetal viability. I assume for the sake of argument that viability is a momentous point in pregnancy and that “logical and biological justifications” support a compelling state interest in protecting the lives of fetuses that have crossed the viability threshold. The goal of this Article is to highlight factors that individually and in concert significantly hinder legislative attempts to preserve the lives of viable fetuses, and to identify measures that, if permitted by the courts, could facilitate the pursuit of …

From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet

CRVAW Faculty Presentations

No abstract provided.

Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano

Seattle University Law Review

Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …

Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …

Women, Unions, And Negotiation, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.

The Medical Assumption At The Foundation Of Roe V. Wade And Its Implications For Women's Health, Clarke Forsythe

Washington and Lee Law Review

No abstract provided.

Re-Reading Roe V. Wade, Richard S. Myers

Washington and Lee Law Review

No abstract provided.

Abortion Exceptionalism And Undue Burden Preemption, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.

Roe, Casey, And Sex-Selection Abortion Bans, Thomas J. Molony

Washington and Lee Law Review

No abstract provided.

If The Purpose Fits: The Two Functions Of Casey'S Purpose Inquiry, Priscilla J. Smith

Washington and Lee Law Review

No abstract provided.

Previability Abortion And The Pain Of The Unborn, Teresa S. Collett

Washington and Lee Law Review

No abstract provided.

Virginia's Targeted Regulations Of Abortion Providers: The Attempt To Regulation Abortion Out Of Existence, Katharine Greenier, Rebecca Glenberg

Washington and Lee Law Review

No abstract provided.

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.

Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.