Law and Gender Commons^™

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker

Journal of Law and Health

Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …

Subjective Decisionmaking And Unconscious Discrimination, Melissa Hart

Publications

Unconscious bias is widely recognized as the most pervasive barrier to equal employment opportunity for minorities and women in the workplace today and yet many argue that federal laws prohibiting discrimination do not prohibit unconscious discrimination. This article argues that the law does in fact provide some redress for unconscious discrimination. Title VII may not be a perfect method for attacking unconscious bias, but it is a mistake to assume that it is without potential. The article challenges the assumption commonly held by judges that a finding of discrimination must be preceded by the belief that an employer is lying …

The Semiotics Of Visible Face Make-Up: The Masks Women Wear, Madeleine Ogilvie

Theses: Doctorates and Masters

This dissertation explores the `sign' of visible face make-up and examines how women consume appearance in everyday life in contemporary Australia. Using a semiotic framework, it presents a novel new method for interpreting and gaining increased meaning into an everyday consumption phenomenon. The purpose of the study is to gain insights into why women wear make-up. It seeks to provide understanding of what this medium signifies to women and what the `sign' of make-up symbolises to the female individual. It explores how visible face make-up affects the way women consume appearance in everyday life, how they feel about themselves, and …

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler

NYLS Law Review

No abstract provided.

Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young

UC Law SF Journal on Gender and Justice

The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …

What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin

UC Law SF Journal on Gender and Justice

This Note analyzes KM v. E.G., 13 Cal. Rptr 3d 136 (Cal. Ct. App. 2004), the first case brought in front of any court of appeals in the U.S. where the lesbian egg donor (the genetic mother) who raised her children for six years together with her partner (the gestational mother) was denied parental rights after the couple separated. The application of the intent based determination of parentage originally devised to solve competing parental claims in surrogacy case is criticized as inappropriate, unnecessary and unjustified. The absence of legal protections for lesbian parents and standards addressing issues unique to lesbian …

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Women As Supreme Court Advocates, 1879-1979, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On Academic Discrimination, Janet Ainsworth

Faculty Articles

Professor Ainsworth addresses President Lawrence H. Summers’ explanation of the paucity of women academics in the physical sciences, and discusses how Summers does not address the possibility that the lack of female academics could be due to discrimination.

How To Succeed In Business Without Really Trying (Cases): Gender Stereotypes And Sexual Harassment Since The Passage Of Title Vii, Miriam A. Cherry

Faculty Publications

(Excerpt)

Last year I was invited to an undergraduate revival of the musical "How to Succeed in Business Without Really Trying," a comedy about the workplace, which I thought, as a teacher of employment law, I would enjoy. Written in the early 1960s and made into a 1967 movie, "How to Succeed" follows the adventures of J. Pierrepont Finch, a window washer who, with the aid of a sarcastic self-help book, schemes his way up the corporate ladder. Although ostensibly a humorous look at the corporate world of the late 1950s and early '60s, I found myself cringing throughout the …

Myths And Realities In The Sameness/Difference Debate, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Remarks made by Lawrence H. Summers, the President of Harvard University, suggesting by his "best guess" that "intrinsic aptitude" primarily accounts for the paucity of women holding senior academic positions in math, physics, engineering, and technology' have touched off a new round in a timeless debate over gender sameness and difference. This seeming bow to biology, emanating from the head of the nation's most prestigious academic institution, conjures up memories of yet another Harvard figure almost a century and a half ago. At that time, Dr. Edward Clarke, a member of Harvard's Board of Overseers and a former member …

In Response To The Remarks By Lawrence H. Summers, Presenting Empirical Data On The Differences In Learning Styles Between Males And Females, Robin A. Boyle, Andrea Honigsfeld

Faculty Publications

(Excerpt)

Lawrence H. Summers' remarks at a conference on "Diversifying the Science and Engineering Workforce," raise provocative issues regarding reasons for the disparities of "women's representation in tenured positions in science and engineering at top universities and research institutions." He postulated that one reason for this disparity was the "different availability of aptitude at the high end." One suspects that the word "aptitude" struck a raw nerve in the audience. After all, most academics in the audience would be familiar with the research of Carol Gilligan, and her well-known book, In A Different Voice, suggesting that women have different …

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Rethinking The Masculine Character Of The Legal Profession: A Case Study Of Female Legal Professionals And Their Gendered Life In Taiwan, Shu-Chin Grace Kuo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lawrence Summers' Speech On "Innate" Differences Between Men And Women-A Different Perspective, Thomas C. Fischer

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Banned And Enforced: The Immediate Answer To A Problem Without An Immediate Solution, Alison W. Manhoff

Vanderbilt Journal of Transnational Law

India has banned the use of ultrasound technology to determine the sex of a fetus for more than a decade. Despite this ban, India's 2001 census showed that for every one thousand boys under the age of six there are only 927 girls. There is speculation that this striking gender imbalance is largely the result of the abortion of fetuses discovered to be female after a sex determination ultrasound or amniocentesis procedure. Traditionally, the desire not to have a female child is viewed as a consequence of the dowry system that is prevalent in India. Commentators often propose efforts to …

Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs

Cardozo Journal of Equal Rights & Social Justice

The note critiques the Children's Internet Protection Act (CIPA) and its implementation, arguing that while its intent to protect children from online pornography is laudable, the mandated use of Internet filters is flawed. The study demonstrates that current filtering technology often overblocks access to critical nonpornographic health information, particularly affecting vulnerable populations like teenagers seeking sexual health resources. The Supreme Court's ruling in United States v. American Library Association upheld CIPA, dismissing less restrictive alternatives, but the article contends that this approach may harm patrons by restricting access to essential information.

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

Articles, Book Chapters, & Popular Press

This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.

Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse

Faculty Articles

This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.

Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminist Legal Theory, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.