Law and Gender Commons^™

The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern

Journal of Collective Bargaining in the Academy

The Persistence of Separate and Unequal:

Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity

ABSTRACT

For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …

Fireside Chat: Challenging The Status Quo As Minorities In The Tech Space, Cardozo Women In Tech Law, Cardozo Asian Pacific American Law Students Association, Cardozo Black Law Students Association, Cardozo Disable Law Student Association, Cardozo Minority Law Student Alliance, Cardozo Latin American Law Student Association (Lalsa), Cardozo Outlaw, Cardozo Labor And Employment Law Society

2023–2024 Flyers

No abstract provided.

“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry

Cleveland State Law Review

On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …

Fireside Chat With Chief Judge Jeffrey S. Sutton And Professor Nikolas Bowie: A Discussion About The Relevance And Impact Of State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner

Brooklyn Law Review

In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …

Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners

Marquette Benefits and Social Welfare Law Review

With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.

This comment compares State responses, exemplified by Washington, California, …

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Washington Law Review

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …

The Kids Are Not Alright: Negative Consequences Of Student Device And Account Surveillance, Ashley Peterson

Washington Law Review

In recent years, student surveillance has rapidly grown. As schools have experimented with new technologies, transitioned to remote and hybrid instruction, and faced pressure to protect student safety, they have increased surveillance of school accounts and school-issued devices. School surveillance extends beyond school premises to monitor student activities that occur off-campus. It reaches students’ most intimate data and spaces, including things students likely believe are private: internet searches, emails, and messages. This Comment focuses on the problems associated with off-campus surveillance of school accounts and school-issued devices, including chilling effects that fundamentally alter student behavior, reinforcement of the school-to-prison pipeline, …

Hurt, Hungry, And Handcuffed: How The Prison System Fails Pregnant Women And Their Newborns, Sarah B. Bondar

Marquette Benefits and Social Welfare Law Review

Over 200,000 women are incarcerated in the United States’ federal and state correctional institutions on any given day. In fact, more women are incarcerated now than ever before, and those rates of incarceration continue to grow at an exponential rate. Despite this large increase in the number of incarcerated women, jail policies, health-care protocols, and important interventions continue to focus primarily on incarcerated men and fail to consider the gender-specific needs of the increasing population of incarcerated females.

This comment discusses ways the United States prison system fails the pregnant women in their care. It discusses four main points including: …

Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights (2024), Nadine Strossen

Books

Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and …

What Explains Male And Female Decision Making To Enter Law? Evidence From A Survey Of Us-Based Undergraduate Students, Abigail Cohen

University Honors Theses

The research conducted in this thesis aims to explain why fewer females than males choose law and pinpoint the explanation as to why they have disparate experiences in the field. The hypothesis is sex discrimination is to blame for the differences among female and male decision making. Sexual harassment and discrimination plays a very prominent role in male dominated fields and discourages females from joining those workforces. The research method for this experiment was an anonymous survey, sent out via social media and email. The survey method was chosen because it was meant to be a quick, yet effective way …

Voting While Trans: How Voter Id Laws Unconstitutionally Compel The Speech Of Trans Voters, Emmy Maluf

Michigan Law Review

Thirty-five states currently request or require identification documents for in-person voting, and these requirements uniquely impact transgender voters. Of the more than 697,800 voting-eligible trans people living in states that conduct primarily in-person elections, almost half (43 percent) lack documents that correctly reflect their name or gender. When an ID does not align with a trans voter’s gender presentation, the voter may be disenfranchised—either because a poll worker denies them the right to cast a ballot or because the voter ID requirement chills their participation in the first place. Further, when a trans voter presents an ID that does not …

Doing Things With The Language Of Law And Gender: Using Speech Act Theory To Understand The Meaning And Effect Of The Gender Identity Backlash, Susan Etta Keller

Nevada Law Journal

A significant legal backlash against transgender individuals is currently under way. This movement--which includes state legislation, state executive action, and federal cases--seeks to limit access and participation by transgender individuals in school sports, use of bathrooms, access to appropriate care, and even the right to be addressed appropriately in the classroom. Properly understood as a political backlash in response to previous political gains by transgender individuals, this movement is composed of a series of speech acts: language that makes change in the world and alters human relations. This article identifies the features of the backlash and the power dynamics that …

Black Women's Voter Emancipation In Slavery's Afterlife, Carla Laroche

University of Richmond Law Review

On March 1, 2024, the University of Richmond Law Review hosted a symposium entitled Vestiges of the Confederacy: Reckoning with the Legacy of the South. Professor Carla Laroche delivered the presentation transcribed below, which has been edited for clarity and cohesion. The University of Richmond Law Review was honored to host her and is thrilled to publish her engaging discussion on Black women’s voter emancipation.

Perbandingan Pengaturan Kuota Pemilihan Perempuan Dan Kondisi Keterwakilan Perempuan Di Parlemen: Studi Kasus Indonesia, Timor-Leste, Dan Finlandia (A Comparison Study Of The Quotas And Conditions For Women's Representation In Parliament In Indonesia, Timor-Leste, And Finland), Ramadhanya Elwinne Huzaima Sibarani

The Indonesian Journal of Socio-Legal Studies

Women’s representation in parliament is an important aspect of improving gender equality in a country. As of the 2019 parliamentary elections, women’s representation in the Parliament of the Republic of Indonesia (DPR RI) has only reached 21.4%. This figure is far below Timor-Leste and Finland, which respectively have 40% and 47% women’s representation. To increase the number of women’s representation in parliament, there is a concept called women's electoral quota. This study attempts to compare how women’s electoral quotas are regulated in Indonesia, Timor-Leste, and Finland. In addition, this study also reviews the condition of women’s representation in the parliaments …

Rereading Pico And The Equal Protection Clause, Johany G. Dubon

Fordham Law Review

More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.

An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua

Journal Articles

The Dobbs decision has been leaked. Gathered outside of New York City's St. Patrick's Old Cathedral, pro-choice protesters chant: "Not the church, not the state, the people must decide their fate."

A white man wearing a New York Fire Department sweatshirt and standing on the front steps responds: "l am the people, l am the people, l am the people, the people have decided, the court has decided, you lose . . . . You have no choice. Not your body, not your choice, your body is mine and you're having my baby."

Despicable but not unexpected,³ this man's comments …

The Surprising Result Of The Supreme Court Case That Allowed Slurs In Brands, Michael Goodyear

Other Publications

No abstract provided.

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Backdating #Metoo, Jessica K. Fink

Cardozo Law Review

The #MeToo movement radically altered the way that people think about workplace sexual harassment. For decades, women were expected to tolerate a broad range of sexualized conduct at work. However, the revelation of Harvey Weinstein’s misdeeds in late 2017, followed by the exposure of countless other bad actors, dramatically shifted the social narrative regarding appropriate workplace behavior. Conduct that employees once ignored or overlooked suddenly became the basis for vociferous objection; the perfunctory responses to harassment that many employers once adopted suddenly stood out as glaringly deficient.

While society has undergone great shifts in its understanding of and response to …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …

P*Law 2024, Center For Public Service Law

2023–2024 Flyers

This document outlines the full schedule for P*LAW Week 2024 at Cardozo School of Law, hosted by the Center for Public Service Law. Held from January 29 to February 1, the week featured panels, workshops, and student-led presentations on critical public interest topics, including immigration, incarceration, housing justice, student debt, reproductive rights, and exoneration. With contributions from legal professionals, alumni, faculty, and students, the events provided education, mentorship, and career development opportunities for those pursuing paths in public interest law.

“We Do No Such Thing”: 303 Creative V. Elenis And The Future Of First Amendment Challenges To Public Accommodations Laws, David Cole

Georgetown Law Faculty Publications and Other Works

In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws.

Episode 8: The End Of The Beginning, Sara Gras

Season 01

This final episode closes with some final thoughts from most of my guests about where this issue currently stands, where it could be headed, and what we should be doing with our concerns in the meantime.

Look for more episodes of Hearsay from the Sidelines coming later in 2024!

Dara Purvis (Faculty Profile)
Associate Dean for Research and Partnerships & Professor of Law, Penn State Law
Works referenced:

• Dara E. Purvis, Transgender Children, Teaching Early Acceptance, and the Heckler’s Veto, 72 Stud. L. Pol. Soc’y 219 (2017).
• Dara E. Purvis, Transgender Students and the First Amendment (Forthcoming), …

Growing Pains: An Arkansas Case Study On Adolescent Autonomy And Access To Puberty Blockers For Gender-Affirming Care, Katherine T. Litaker

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

Arkansas Act 626 outlaws any gender-affirming medical treatment for persons under eighteen years of age. This Note focuses on the evolving litigation surrounding Arkansas Act 626, the potential repercussions of the issues facing transgender adolescents, and the legal protections that may be implemented whether or not Arkansas Act 626 is upheld as a constitutional piece of legislation. It begins by examining the standard bases for administering puberty blocker treatments and addressing many of the misconceptions in medical treatment that have influenced the shaping of legislation on transgender healthcare. The Note discusses the current legal barricades for adolescents trying to access …

The Imperative Of Rejecting "Gender-Critical" Feminism In The Law, Henry F. Fradella

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

Roughly a half-century ago at the height of the second-wave feminist movement, some feminist scholars and activists found themselves arguing with transgender people about who is a woman. While much of contemporary feminist thought has moved past biological essentialism’s outdated embrace of a sex binary to embrace trans-equality, a relatively small but vocal group of self-proclaimed “gender-critical feminists” (who are sometimes called trans-exclusionary radical feminists, or “TERFs” for short) eschew transgender legal rights that they perceive as potentially threatening to the rights of cisgender women. Most gender-critical arguments in that regard are fallacious; they are based on myths and false …

Episode 7: Strange Bedfellows, Sara Gras

Season 01

In this episode I explore the various factions who, despite their different general ideologies, have united in advocating for the exclusion of trans kids from sports. My guests and I discuss why this presents such a challenge when working to educate and advocate around this issue. I also provide some additional details on one of the largest and most powerful organizations supporting exclusion.

Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law

Kurt Weaver
Executive Director, You Can Play Project

Shira Berkowitz (Organizational Bio)
Senior Director …

Teaching Critical Use Of Legal Research Technology, Jennifer E. Chapman

Faculty Scholarship

No abstract provided.

Eviction Abolition, Larisa G. Bowman

Loyola University Chicago Law Journal

This Article contends that today’s eviction crisis in the United States is the civil equivalent of mass incarceration. Eviction, like mass incarceration, is a racialized and gendered system of social control heavily supervised by the state. State court judges order evictions, and law enforcement officers execute them. Eviction’s mechanisms of control are to punish, exploit, and surveil. Some tenants are forcibly removed from their homes as punishment for their poverty, while others pay their last dollar to remain housed. In nuisance and lease violation cases, tenants routinely are subjected to onerous “probationary” terms that place them under heightened surveillance. Low-income, …