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Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford 2018 Elisabeth Haub School of Law at Pace University

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The word “feminism” means different things to its many supporters (and undoubtedly, to its detractors). For some, it refers to the historic struggle: first to realize the right of women to vote and then to eliminate explicit discrimination against women from the nation's laws. For others, it is a political movement, the purpose of which is to raise awareness about and to overcome past and present oppression faced by women. For still others, it is a philosophy--a system of thought--and a community of belief centering on attaining political, social, and economic equality for women, men, and people of any gender. …


Rewriting Judicial Opinions And The Feminist Scholarly Project, Bridget J. Crawford 2018 Elisabeth Haub School of Law at Pace University

Rewriting Judicial Opinions And The Feminist Scholarly Project, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

In 1995, the authors of a law review article examining “feminist judging” focused on the existing social science data concerning women judges and compared the voting records and opinions of the only female Justices on the U.S. Supreme Court: Ruth Bader Ginsburg and Sandra Day O'Connor. Based on this review, the authors concluded that appointing more women as judges would make little difference to judicial outcomes or processes. The authors accused those who advocated for more women on the bench of having a hidden feminist agenda and bluntly concluded that “[b]y any measure, feminist judges fit very uneasily in most …


Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund 2018 Wayne State University

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Equal Work, Stephanie Bornstein 2018 University of Florida Levin College of Law

Equal Work, Stephanie Bornstein

UF Law Faculty Publications

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 …


The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle 2018 United States Air Force Academy

The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle

Cardozo Law Review de•novo

Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a flurry of lawsuits in federal court. In March 2018, President Trump issued a revised policy that …


Asylum, Immigration, And Gender Identity: Scholarship And Strategies For Advocacy, Margaret Butler 2018 Georgia State University College of Law

Asylum, Immigration, And Gender Identity: Scholarship And Strategies For Advocacy, Margaret Butler

Faculty Publications By Year

No abstract provided.


Family Law And Gender Identity: Legal Issues Arising When Marrying And Parenting While Trans, Margaret Butler 2018 Georgia State University College of Law

Family Law And Gender Identity: Legal Issues Arising When Marrying And Parenting While Trans, Margaret Butler

Faculty Publications By Year

No abstract provided.


Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner 2018 Saint Louis University School of Law

Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner

All Faculty Scholarship

This article focuses on the search for gender equity among women faculty in the university setting in the United States. The author advocates for the use of university task forces and the institutionalization of bestpractices for achieving gender equity as means to remove the persistent barriers to professional advancement experienced by many women faculty. Discriminatory treatment of faculty based on gender may be hidden andremain unacknowledged in some universities, so the process of uncovering such treatment and formulating recommendations for change is an important first step in the process of creating a work environment that is both fair and inviting …


Index: Sports Law In Law Reviews And Journals, Jordan Lysiak 2018 Marquette University Law School

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None


Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose 2018 Dare To Tell

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Gender Identity Discrimination In The Workplace And Education: Title Vii And The Title Ix, Margaret Butler 2018 Georgia State University College of Law

Gender Identity Discrimination In The Workplace And Education: Title Vii And The Title Ix, Margaret Butler

Faculty Publications By Year

No abstract provided.


Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler 2018 Georgia State University College of Law

Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler

Faculty Publications By Year

No abstract provided.


Gender-Affirming Health Care, Autonomy, And Bias In Insurance And The Law, Margaret Butler 2018 Georgia State University College of Law

Gender-Affirming Health Care, Autonomy, And Bias In Insurance And The Law, Margaret Butler

Faculty Publications By Year

No abstract provided.


The Quixotic Quest For Gender Equality In The Workplace, Kingsley R. Browne 2018 Wayne State University

The Quixotic Quest For Gender Equality In The Workplace, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


2018 Iaohra Gender Equity Toolkit, Human Rights Institute, International Association of Official Human Rights Agencies (IAOHRA) 2018 Columbia Law School

2018 Iaohra Gender Equity Toolkit, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

Human rights provide a valuable tool for assessing and advancing women’s human rights; proactively identifying and changing the laws, policies, and practices that perpetuate inequality; addressing the stereotypes and beliefs that underlie gender discrimination; and shaping initiatives that improve gender equity.


Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias 2018 University of Richmond

Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias

Law Faculty Publications

President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …


Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney 2018 UIC School of Law

Eliminating Racism And The Diversity Gap In The Video Game Industry, 51 J. Marshall L. Rev. 863 (2018), Elizabeth Hackney

UIC Law Review

No abstract provided.


Against Nonmarital Exceptionalism, Albertina Antognini 2018 University of Kentucky

Against Nonmarital Exceptionalism, Albertina Antognini

Law Faculty Scholarly Articles

The Supreme Court’s opinion on the right to marry in Obergefell v. Hodges, inspired a flurry of scholarship on the topic of nonmarriage. In the wake of that decision, scholars have made claims about the state of nonmarriage, and also laid claim to it — embracing the nonmarital legal space that remains. This Article intervenes in the literature by looking at how the law directly interacts with unmarried couples — in distributing property when their relationship ends. The overview of the cases leads to one central claim: the law of nonmarriage as it currently stands remains deeply tethered to marriage, …


Now You See Me: Problems And Strategies For Introducing Gender Self-Determination Into The Eighth Amendment For Gender Nonconforming Prisoners, Lizzie Bright 2018 Northwestern Pritzker School of Law

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 …


Federalism And Gender Equality, Susan H. Williams 2018 Indiana University Maurer School of Law

Federalism And Gender Equality, Susan H. Williams

Articles by Maurer Faculty

Despite the enormous literature on federalism in constitutional design, and the growing attention to gender equality in constitutional design, there has been remarkably little attention paid to the interaction between the two. This article seeks to provide a summary of the existing literature on this intersection, to apply the insights of that literature to the case of Myanmar, and to offer a contribution concerning the theoretical connections between federalism and gender equality. The analysis generates four primary conclusions. First, federalism is inherently neither good nor bad for gender equality: it all depends on the details of the federal system and …


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