Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons™

Open Access. Powered by Scholars. Published by Universities.®

8,371 Full-Text Articles 6,487 Authors 12,960,771 Downloads 212 Institutions

All Articles in Law and Gender

Faceted Search

8,371 full-text articles. Page 151 of 252.

Blatt V. Cabela's Retail, Inc. And A New Path For Transgender Rights, Kevin M. Barry, Jennifer L. Levi 2017 Quinnipiac University School of Law

Blatt V. Cabela's Retail, Inc. And A New Path For Transgender Rights, Kevin M. Barry, Jennifer L. Levi

Faculty Scholarship

Since the Supreme Court recognized marriage equality in Obergefell v. Hodges, civil rights advocates have increasingly set their sights on transgender rights as the next legal frontier. Sex discrimination law, though an essential statutory tool, is not the only potential avenue for securing rights for transgender individuals. Another important federal source of protection for transgender people is disability rights law—in particular, the Americans with Disabilities Act (ADA). Disability rights law, unlike sex discrimination law, applies to public accommodations and government services, and also mandates reasonable accommodations. A transgender litigant successfully invoked the protections of the ADA for the first time …


Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Kimberly Jade Norwood, Trina Jones 2017 Washington University in St. Louis School of Law

Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Kimberly Jade Norwood, Trina Jones

Scholarship@WashULaw

Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal of Analysis of Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and …


Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr. 2017 Indiana University - Bloomington

Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Public Restrooms And The Distorting Of Transgender Identity, Terry S. Kogan 2017 S.J. Quinney College of Law, University of Utah

Public Restrooms And The Distorting Of Transgender Identity, Terry S. Kogan

Utah Law Faculty Scholarship

The sex-separated public restroom, a ubiquitous feature of our built environment, has been at the vortex of litigation filed by state officials across the country challenging the Obama administration’s attempt to assure that transgender people have access to safe restrooms. Tracing the ongoing federal litigation in North Carolina surrounding the passage of House Bill 2, this Article argues that this seemingly mundane architectural space has in fact driven the litigation strategies of all parties to these cases. In insisting that access to public restrooms be based on biological sex, state officials rely on an outmoded nineteenth century cultural vision of …


Working Sex Words, Anita Bernstein 2017 Brooklyn Law School

Working Sex Words, Anita Bernstein

Faculty Scholarship

No abstract provided.


Brief Of Amici Curiae Glbtq Legal Advocates & Defenders Et Al. In Support Of Respondent In Gloucester County School Board V. G.G., Sjc 16-273, Jennifer Levi, Shannon P. Minter, Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, Emily J. Nash 2017 Western New England University School of Law

Brief Of Amici Curiae Glbtq Legal Advocates & Defenders Et Al. In Support Of Respondent In Gloucester County School Board V. G.G., Sjc 16-273, Jennifer Levi, Shannon P. Minter, Dean Richlin, Amanda Hainsworth, Rachel Hutchinson, Emily J. Nash

Faculty Scholarship

Amici brief submitted by the GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and Foley Hoag, LLP. to the Supreme Court of the United States in the case of Gloucester County School Board v. G.G., by His Next Friend and Mother, Deirdre Grimm. The brief argues that the Court should reject the school board’s claim that privacy interests justify its discriminatory policy for three reasons. First, there is no basis for the creation of a new privacy right that justifies excluding transgender students from shared restrooms. Second, nothing in Title IX or its regulations supports the School …


Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Jocelyn Getgen Kestenbaum 2017 Benjamin N. Cardozo School of Law

Sital Kalantry: Women's Human Rights And Migration: Sex-Selective Abortion Laws In The United States And India, Jocelyn Getgen Kestenbaum

Articles

No abstract provided.


How Strange The Change From Major To Minor, Peter Goodrich 2017 Benjamin N. Cardozo School of Law

How Strange The Change From Major To Minor, Peter Goodrich

Articles

No abstract provided.


Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader 2017 University of Richmond School of Law

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.


Sex Quotas And Burkini Bans, Darren Rosenblum 2017 St. John's University School of Law

Sex Quotas And Burkini Bans, Darren Rosenblum

Faculty Publications

This Essay recounts how feminist theorists and activists managed to write their ideals into the fabric of French law and culture, and how nonfeminists began to appropriate those ideals. Parité, the 2000 law that requires half of all candidates for public office be women, saw French feminists first engineer a change in French universalism to respect sex difference; although not wholly successful, Parité advanced women's political inclusion. Then, like a drop of water in a pond, these feminist ideas disappeared in plain sight: they became intrinsic to French state norms and public values. As they became woven into such norms, …


Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret F. Brinig 2017 Notre Dame Law School

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret F. Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …


Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika R. George, Candace D. Gibson, Rebecca Sewall, David Wofford 2017 Boston University School of Law

Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika R. George, Candace D. Gibson, Rebecca Sewall, David Wofford

Faculty Scholarship

The Guiding Principles mandate that businesses respect the human fights enshrined in the International Bill of Human Rights and in the International Labour Organization (ILO)'s Declaration on Fundamental Principles and Rights at Work. Due diligence processes and risk impact assessments are the main recommended means for ensuring compliance with companies' commitments to respect international human fights. Because OSH as a conceptual framework and regulatory order is not sufficient to identify the risk of health fights violations to women workers, we argue companies should not anchor their due diligence and risk assessment in OSH conventions and settle for a check-the-box solution …


Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver 2017 Southern Methodist University, Dedman School of Law

Close Encounters: A Feminist Legal Theory Analysis Of The State Treatment Of Female Child Sexual Abuse Victims, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This article explores the way in which the law currently deals with sexual violence against female children in the home – evaluating the ways in which the state has access to the private realm of the family and the ways in which civil and criminal legal systems deal with this type of trauma to girls across a spectrum of time. Research shows that the child protection system only captures a small percentage of sexual abuse right after it happens. However, research also shows that female child sex abuse survivors appear in statistically significant numbers among other groups – drug and …


Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard 2017 New York Law School

Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.


Having Graduated, Gavin Grimm Amends Complaint, Arthur S. Leonard 2017 New York Law School

Having Graduated, Gavin Grimm Amends Complaint, Arthur S. Leonard

Other Publications

No abstract provided.


How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard 2017 New York Law School

How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard 2017 New York Law School

Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.


Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard 2017 New York Law School

Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.


Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard 2017 New York Law School

Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard

Other Publications

No abstract provided.


Digital Commons powered by bepress