You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed,
2018
Cleveland-Marshall College of Law
You Play Ball Like A Girl: Cultural Implications Of The Contact Sports Exemption And Why It Needs To Be Changed, Michelle Margaret Smith
Cleveland State Law Review
Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow …
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place,
2018
Nova Southeastern University
The Devil You Don’T Know: Implicit Bias Keeps Women In Their Place, Michele N. Struffolino
Pace Law Review
While men’s claims of gender bias in the family law system are acknowledged, this article focuses on how bias, whether implicit or explicit under the guise of unconscious attitudes or behavior, continues to place women at a systemic disadvantage. Although implicit bias also impacts outcomes in child abuse and neglect actions involving the state, the focus of this article is the impact of implicit bias in actions between women and men in the family courts, in particular those issues involved in the dissolution of the relationship and the family unit. First, the emergence of implicit social cognition theory will be …
Equal Work,
2018
University of Maryland Francis King Carey School of Law
Equal Work, Stephanie Bornstein
Maryland Law Review
Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …
Strategies To Promote Women's Participation In Shaping International Law And Policy In An Era Of Anti-Globalism,
2018
University of Georgia School of Law
Strategies To Promote Women's Participation In Shaping International Law And Policy In An Era Of Anti-Globalism, Patricia Wald
Georgia Journal of International & Comparative Law
No abstract provided.
A Tribute To Hope Lewis,
2018
Indiana University Robert H. McKinney School of Law
A Tribute To Hope Lewis, Karen E. Bravo
Georgia Journal of International & Comparative Law
No abstract provided.
Cruel & Unusual Pathways To Crime: A Call For Gender- And Trauma-Informed Correctional Care,
2018
Brooklyn Law School
Cruel & Unusual Pathways To Crime: A Call For Gender- And Trauma-Informed Correctional Care, Emily Frances Musson
Journal of Law and Policy
Many female inmates have suffered trauma by way of interpersonal violence, which often precipitates mental health issues as well as criminal behavior later in life. Eighth Amendment jurisprudence dictates that they are entitled to adequate mental health treatment while incarcerated. Despite an influx of female inmates and the number of those requiring treatment, mental health programs in penal institutions have been designed to serve the needs of incarcerated men. Meanwhile, psychosocial scholarship has determined that mental health treatment needs to be informed by offenders’ common experiences as women and victims of gender-based violence (gender-responsive), as well as survivors of trauma …
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap,
2018
William & Mary Law School
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
William & Mary Journal of Race, Gender, and Social Justice
Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.
The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act,
2018
William & Mary Law School
The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy,
2018
University of Maine School of Law
Creating A Classroom Component For Field Placement Programs: Enhancing Clinical Goals With Feminist Pedagogy, Linda Morton
Maine Law Review
There exists a historic conflict between the more traditional Langdellian philosophy of legal education, and the experiential philosophy of apprenticeship programs, now known as field placement programs. The conflict is most recently apparent in the American Bar Association's (ABA) attempts to impose a more traditional classroom format on field placement programs through its regulations, guidelines, and instructions pertaining to law school accreditation. The ABA argues that law schools need to allocate greater instructional resources toward their field placement programs, particularly programs that provide more than one-half a semester's credit. Such programs should include a classroom component that meets ABA guidelines. …
The Ecoa And Disparate Impact Theory: A Historical Perspective,
2018
Brooklyn Law School
The Ecoa And Disparate Impact Theory: A Historical Perspective, Winnie F. Taylor
Journal of Law and Policy
The Equal Credit Opportunity Act (“ECOA”) prohibits credit discrimination because of sex, marital status, race, age, and other personal attributes. Congress enacted the ECOA in 1974 to eliminate unfair lending practices that inhibit equality in the credit industry. Recently, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) sued several automobile financiers and alleged ECOA violations in the various complaints; the resulting settlements became controversial when critics questioned the CFPB’s use of an evidentiary standard known as “disparate impact” to support its discrimination claims. While plaintiffs may use disparate impact theory to prove unintentional discrimination, they may also use another analytical …
Born Free: Toward An Expansive Definition Of Sex,
2018
University of Oklahoma College of Law
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender & Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …
Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies,
2018
University of Michigan Law School
Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant
Michigan Journal of Gender & Law
The Education Amendments of 1972 introduced requirements to protect female students from discriminatory policies at post-secondary institutions. A portion of those amendments, commonly known as Title IX, require that no students be subjected to discrimination based on their sex by any educational institution or activity receiving federal financial assistance. An exemption under § 1681(a)(4), however, explicitly prohibits application of Title IX to any educational institution whose primary purpose is to train individuals for military service or the merchant marine. Although those students are still subject to stringent conduct standards, the service academies themselves are tethered to sex discrimination policies only …
Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor,
2018
University at Buffalo School of Law
Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré
Buffalo Law Review
Over especially the last 50 to 60 years, US laws and policies concerning the sexual relationships between men and women have more consciously articulated a need to pursue social justice according to the categories of autonomy, equality, diversity and care for the poor. These categories are admirable on their face and responsive to the times in which they emerged. They are particularly well-suited to the history of discrimination against women and African Americans in the US. They were strongly influenced, inter alia, by the development of contraceptive technology and an array of social welfare initiatives, the rise of feminism and …
The Maternal Dilemma,
2018
University of Haifa
The Maternal Dilemma, Noya Rimalt
Cornell Law Review
When enacting the FMLA and setting a minimum standard of family leave for all eligible employees, Congress was particularly cautious about attacking the stereotype that all women are responsible for family caregiving. As Justice Rehnquist explained in Nevada v. Hibbs, the goal was to encourage men to assume more caretaking responsibilities at home, thus reducing employers' incentives to discriminate against women by basing hiring and promotion decisions on the stereotype of women as mothers. Indeed, the likely contribution of the gender- neutral parental leave legislation to the promotion of gender equality in the division of care-work at home, hence to …
Simon De Montfort Et Le Gouvernement : Statut Des Femmes Dans Les Statuts De Pamiers (Art. 46) Avant La Magna Carta,
2018
University of Liège, Belgium
Simon De Montfort Et Le Gouvernement : Statut Des Femmes Dans Les Statuts De Pamiers (Art. 46) Avant La Magna Carta, Marjolaine Raguin-Barthelmebs
Medieval Feminist Forum: A Journal of Gender and Sexuality
Promulgated at Pamiers (Languedoc, France), 1stDecember 1212 by Simon de Montfort after its first great victory during the Albigensian Crusade, those Statutes (juridical texts) are known as the introductory act for the Coutume of Paris in Languedoc, and more specifically regarding heirs rights. Redacted for the administration of newly conquest territories, the establishment of peace and to promote catholic faith against heresy and Languedocians owners of the land, theses Statutes dispose on women in their three final articles. More particularly, the article 46 concerns nobles and heirs women and decides, thanks to matrimony institution, who (and how) they …
From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018),
2018
Roger Williams University
From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended,
2018
Syracuse University
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
The Scholar: St. Mary's Law Review on Race and Social Justice
The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts …
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing,
2018
University of Louisville
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie R. Abrams
University of Richmond Law Review
This article invites feminists to leverage the #MeToo Movement as a critical analytical tool to explore the longevity of the enduring rape crisis framing of victim services. Long before the #MeToo Movement, victim services in communities nationwide were framed around a crisis model. For nearly half a century, victims have visited rape crisis centers, called rape crisis hotlines, and mobilized rape crisis response teams to provide services and support. This enduring political and social framing around rape as a crisis is opaque, has prompted a political backlash, and risks distorting hard-fought feminist legal, social, and political battles. It has yielded …
The Invisible Minority: Discrimination Against Bisexuals In The Workplace,
2018
University of Richmond School of Law
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
University of Richmond Law Review
The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis …
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017),
2018
University of Arkansas at Little Rock William H. Bowen School of Law
When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner
Texas A&M Law Review
In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on a particular reason …
