Social and Behavioral Sciences Commons^™

The Intersection Of Gender And Negotiation: A Comprehensive Look At The Literature, Kelsey England

Pepperdine Journal of Communication Research

According to the majority of literature it appears there are differences in specific advantages and disadvantages genders are exposed to in negotiations. This article aims to further introduce and break down the literature in order to provide a comprehensive overview of the intersections of negotiation and gender in regards to general negotiation practices, negotiations within the workplace, and what can be done to level the playing field in regards to disadvantages placed on certain genders. This article also addresses the remaining gaps in the literature and suggests where the research should move in future studies.

Reflections On “Personal Responsibility” After Covid And Dobbs: Doubling Down On Privacy, Susan Frelich Appleton, Laura A. Rosenbury

Scholarship@WashULaw

This essay uses lenses of gender, race, marriage, and work to trace understandings of “personal responsibility” in laws, policies, and conversations about public support in the United States over three time periods: (I) the pre-COVID era, from the beginning of the American “welfare state” through the start of the Trump administration; (II) the pandemic years; and (III) the present post-pandemic period. We sought to explore the possibility that COVID and the assistance programs it inspired might have reshaped the notion of personal responsibility and unsettled assumptions about privacy and dependency. In fact, a mixed picture emerges. On the one hand, …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol

FIU Law Review

My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …

Who Are You Protecting?: A Feminist Analysis Of Gay And Trans Panic Defense Bans, How They Are Defined, And Who They Protect, Tyler S. Sesker

Undergraduate Honors Theses

As of April 2022, sixteen U.S. states ban Gay panic and Trans panic criminal defenses. These state-law prohibitions stemmed from several high-profile murder trials, focusing on the identity of the decedent, including the killings of Matthew Shepard and Latisha King. Between 1970 and 2020, criminal defenses interrogating the gender identity or sexual identity of victims of violence were used at least 104 times, with nearly a third of those cases resulting in reduced criminal charges and penalties. Today, in thirty-four states, the same tactics remain legal. Applying a feminist and outsider legal lens, this study engages in a textual analysis …

Integrating Doctrine And Diversity Speaker Series: When Law School Classroom Discussions Of Diversity Issues Go Wrong, Roger Williams University School Of Law, City University Of New York School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Look Who's Talking: Differences In Rates Of Interruptions And Proportion Of Time Used By Male And Female U.S. Courts Of Appeals Judges, Sabrina L. Collins, Molly G Baldock, Jasmyne N. Post, Elizabeth Turner

Grawemeyer Colloquium Papers

During oral arguments, attorneys are given the chance to elaborate on their written briefs and answer questions from the judges deciding the case. Studying oral arguments can be a window into the power dynamics between judges and attorneys, and can shed light onto how factors like gender may affect judicial decision-making. While a growing body of research has examined gender dynamics in oral arguments in the United States Supreme Court, no existing studies have examined whether these findings hold up in the U.S. Court of Appeals, the second highest courts in the country. We collected data on two years of …

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Gender And Judicial Decision-Making, Alexandra Just

Undergraduate Theses

This study employs a unique two-tiered approach, involving both quantitative and qualitative methodology to analyze the influences – specifically, a judge’s gender – on the judicial decision-making process. First, a quantitative bivariate regression analysis was conducted to determine whether a Federal District Court judge’s gender had a statistically significant influence on the ideological direction of case outcomes (which is either liberal, meaning the decision was in favor of the petitioner, or conservative, meaning the decision was against the petitioner). Data was analyzed using the statistical program SPSS and was pulled from the 2016 Carp-Manning database, which contains over 110,000 federal …

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 …

Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.

A Taxing Feminism, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Feminist perspectives are not new to tax law. The first academic piece bringing a feminist perspective to bear on tax law dates to the early 1970s, when Grace Blumberg published “Sexism in the Code: A Comparative Study of Income Taxation of Working Wives and Mothers.” Contemporaneously, none other than Ruth Bader Ginsburg (along with her tax lawyer husband Marty Ginsburg) brought a feminist perspective to bear on tax law when she argued Moritz v. Commissioner before the Tenth Circuit Court of Appeals, as depicted in the movie On the Basis of Sex. Since then, numerous other contributions have been …

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz

Scholarship@WashULaw

As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.

Telling The Story Of Justice Sandra Day O'Connor, Susan Frelich Appleton

Scholarship@WashULaw

Appearing as part of the WASHINGTON UNIVERSITY JOURNAL OF LAW and POLICY’s celebration of the sesquicentennial of the first women law students, this brief review critically examines FIRST: SANDRA DAY O’CONNOR, a biography by Evan Thomas. The review follows two themes highlighted by the book, intimacy and gender, and finds the author's treatment of the latter especially problematic. (A shorter version of the review appeared under the title How One Glass Ceiling Was Broken, COMMON READER (Nov. 20, 2019).

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …

Law School News: Roger Williams Celebrates Pride 06-17-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Beyond Repair: An Investigation Of The Experiences, Interpretations, And Self-Construction Of Black Women Welfare Recipients In The Deep South, Eniyah C. Willingham, Eniyah Willingham

Senior Projects Spring 2019

Based on six in-depth interviews with Black women in the Metro-Atlanta area who have at some point in the past ten years received welfare assistance, this project serves to understand how Black women relate to the welfare system in the current moment. To best understand their circumstances, I set forth a three-part question: how do Black women welfare recipients experience the welfare system in the current moment?; how do they interpret these experiences?; and lastly, how do these experiences and interpretations lend to how they conceptualize, construct, and/or manage their identities as Black women welfare recipients? I argue that my …

Volume 8: Gender, Governance And Islam, Deniz Kandiyoti, Nadje Al-Ali, Kathryn Spellman Poots

Exploring Muslim Contexts

Analyses the links between gender and governance in contemporary Muslim majority countries and diaspora contexts.

Following a period of rapid political change, both globally and in relation to the Middle East and South Asia, this collection sets new terms of reference for an analysis of the intersections between global, state, non-state and popular actors and their contradictory effects on the politics of gender.

The volume charts the shifts in academic discourse and global development practice that shape our understanding of gender both as an object of policy and as a terrain for activism. Nine individual case studies systematically explore how …

Gender And Terrorism: A Homeland Security Perspective, Diana Rosa Rodriguez-Spahia

Dissertations, Theses, and Capstone Projects

While scholars have been studying the growing trend of female terrorists for several years, their research has not permeated politics or the media to help inform our Homeland Security policies. The findings from this body of research indicate that there is hesitance on behalf of the public (especially politicians and law enforcement) to acknowledge that women can be terrorists due to deeply engrained gender norms and expectations about gender roles. Terrorist groups are exploiting this unwillingness by recruiting more women to perpetrate terrorist acts (Lele, 2014; Bloom, 2011). Against the backdrop of the changes in gender norms and expectations that …

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …

Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright

Journal of Criminal Law and Criminology

As the fight for transgender rights becomes more visible in the United States, the plight of incarcerated transgender individuals seeking medical care behind bars is likewise gaining attention—and some trans prisoners are gaining access to gender-affirming care. However, progress for incarcerated members of the trans community has been slow, piecemeal, and not without problems. As federal court opinions in Eighth Amendment access-to-care cases brought by trans prisoners show, how a court interprets the subjective intent requirements of the Eighth Amendment and how the imprisoned plaintiff pleads his/her/their case can make or break the claim. Further, courts and plaintiffs rely on …

Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks

College of Arts & Sciences Senior Honors Theses

Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women …

Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino

Senior Projects Spring 2017

The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest to mainstream …

The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising

All Faculty Scholarship

The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.

The Priorities And Accomplishments Of Kentucky Legislators : Is There A Gender Difference?, Amanda Allen

College of Arts & Sciences Senior Honors Theses

This thesis uses Kentucky as a case study of gender differences in the policy priorities and perceptions of accomplishments of state legislators. The research question is, “are there gender differences in the legislative priorities and perceptions of accomplishments of Kentucky legislators?” The legislative priorities of the legislators seemed to be similar, along with their own classification of women’s issues. The perceptions of success demonstrated that male legislators were not necessarily more likely to attribute success to themselves, whereas women would attribute success to collaboration efforts. The research was completed through confidential interviews with Kentucky legislators and analysis of the 2015 …

The Influence Of Emotion On Memory For A Crime, Taylor Langley

Electronic Theses and Dissertations

Researchers have reported errors in recall or recognition of witnessed events, accounting for the most common cause of false convictions of innocent people. Tiwari (2010) indicated that 25% of suspects who were identified in a line-up were actually innocent. Jurors are strongly influenced by eyewitness testimony and this can lead to false convictions. The validity of eyewitness identification is critical in cases in which it is used as evidence. In the current study we examined specific emotion states by inducing fear, surprise, and neutral moods. We hypothesized that participants in the Fear group would be least susceptible to the effects …

Shaping Expectations About Dads As Caregivers: Toward An Ecological Approach, Holning Lau

Holning Lau