The Blame Game: How The Rhetoric Of Choice Blames The Achievement Gap On Women,
2013
William & Mary Law School
The Blame Game: How The Rhetoric Of Choice Blames The Achievement Gap On Women, Nicole Buonocore Porter
Faculty Publications
In 2013, fifty years after the Equal Pay Act guaranteed women equal pay for equal work, almost fifty years since Title VII made discrimination based on sex unlawful, thirty-five years since the Pregnancy Discrimination Act made it unlawful to discriminate against women because of pregnancy, and nineteen years after the Family and Medical Leave Act provided twelve weeks of unpaid leave for some caregiving reasons, there is still a significant achievement gap between men and women in the workplace. Women still make less money, and rise more slowly and not as high in workplace hierarchies. Why? The common narrative states …
After Dothard: Female Correctional Workers And The Challenge To Employment Law,
2013
American University Washington College of Law
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis
Scholarly Articles in Law Reviews & Journals
This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study,
2013
University of San Francisco School of Law
Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton
Cardozo Law Review
In the forty-year history of the Supreme Court's modern death penalty jurisprudence, two cases - Furman v. Georgia (1972) and McCleskey v. Kemp (1987) - stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent - even altogether inconsistent - results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played …
Tyrone Garner's Lawrence V. Texas,
2013
Ohio State University's Moritz College of Law
Tyrone Garner's Lawrence V. Texas, Marc Spindelman
Michigan Law Review
Dale Carpenter's Flagrant Conduct: The Story of Lawrence v. Texas has been roundly greeted with well-earned praise. After exploring the book's understanding of Lawrence v. Texas as a great civil rights victory for lesbian and gay rights, this Review offers an alternative perspective on the case. Built from facts about the background of the case that the book supplies, and organized in particular around the story that the book tells about Tyrone Garner and his life, this alternative perspective on Lawrence explores and assesses some of what the decision may mean not only for sexual orientation equality but also for …
Is(N'T) Catharine Mackinnon A Liberal?,
2013
University of Michigan Law School
Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog
Articles
Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?
2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2,
2013
Clark University
2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank
Mosakowski Institute for Public Enterprise
The youth of Massachusetts are of primary concern to legislators and citizens. This briefing report features three essays by experts — Fern Johnson, Deborah Frank, and Donna Haig Friedman — who focus on three aspects of children in need: children in foster care who need adoption, children who are hungry, and children who are homeless. Each report has further and more detailed suggestions for helping these children in need; below is a summary of the problems we face.
That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality',
2013
Georgetown University Law Center
That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
Massad’s thesis is simple, in fact, perfect in its simplicity. Empire is a terrible force that wants to penetrate, overpower and hegemonize. It has a center, a headquarters if you like, the West. It functions with two arms: capitalism (later neoliberal) and Euro-American hegemony. The first arm represents the objective drive of capital that transforms sites and cultures as it spreads the market in the shape of commodity exchange. It has become a universal system, Massad contends, though with varying effects on the center (West) from the periphery (rest). Whereas its march on the former has been totally transformative, in …
Threats Demand Our Action,
2013
University of New Mexico - School of Law
Threats Demand Our Action, Margaret E. Montoya
Faculty Scholarship
Those of us who identify as progressive see this as a time when speaking up and engaging on public policy is our duty. I am writing to express my deep concern and dismay about the state of the federal government under Donald Trump. Like others, I have marched, donated, and joined Wednesday’s International Women’s Day protests against the administration of Donald Trump.
Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers,
2013
Dorsey and Whitney
Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers, Erin Davenport
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Explaining The Progression Of The Rights Of Same-Sex Couples In South America,
2013
University of San Diego
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality),
2013
Wayne State University
Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality), Kingsley R. Browne
Law Faculty Research Publications
Common examples of perceived workplace inequality – the “glass ceiling,” the “gender gap” in compensation, and occupational segregation, among others – cannot be well understood if the explanation proffered for their existence is limited exclusively to social causes such as discrimination and sexist socialization. Males and females have, on average, different sets of talents, tastes, and interests, which cause them to select somewhat different occupations and exhibit somewhat different workplace behaviors. Some of these sex differences have biological roots. Temperamental sex differences are found in competitiveness, dominance seeking, risk taking, and nurturance, with females tending to be more “person oriented” …
The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?,
2013
William & Mary Law School
The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?, Anisa A. Somani
William & Mary Law Review
No abstract provided.
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador,
2013
University of Washington School of Law
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman
Washington International Law Journal
The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …
"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia,
2013
Boston University School of Law
"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed
Faculty Scholarship
This report documents the ongoing stigma and discrimination of women living with HIV in Namibia, building on prior findings and investigations on the subject, such as the 2008 research conducted by the International Community of Women Living with HIV/AIDS (ICW) and the Namibian Women’s Health Network (NWHN). The report, based upon both desk research and a field mission, examines the human rights situation related to sexual and reproductive health of women living with HIV, including the gravity and ongoing nature of forced and coerced sterilizations in Namibia. The report also provides evidence of violations of informed consent in the context …
Sex Differences In Delinquency: An Analysis Of Juvenile Court Statistics, 1970-76,
2013
Pepperdine University
Sex Differences In Delinquency: An Analysis Of Juvenile Court Statistics, 1970-76, Darrell J. Steffensmeier, John H. Kramer
Pepperdine Law Review
No abstract provided.
The Human Rights Of Women In The Hong Kong Special Administration Region,
2013
William & Mary Law School
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
William & Mary Journal of Race, Gender, and Social Justice
Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories,
2013
Pepperdine University
California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor
Pepperdine Law Review
The California Supreme Court, in the novel and unprecedented case of Sindell v. Abbott Laboratories, eliminated the plaintiffs burden of identification of a negligent party, and thus the causation requirement, in a multiple party tort action. In the course of this decision, the court adopted the "market share" theory of liability which dictated in Sindell that nonidentifiable defendant-manufacturers of the generic drug DES would be liable for the damages in proportion to their share of business in the market. The author thoroughly examines various theories of recovery, such as "alternative liability," "concert of action" and "enterprise liability," which the court …
Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?,
2013
Pepperdine University
Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker
Pepperdine Law Review
The controversial Roe v. Wade decision purportedly removed the abortion controversy from the political arena and set constitutional standards by which questions on the issue could be resolved. The enactment of the Hyde Amendment, a bill which generally forbids the use of Medicaid funds for abortions, was a recent political response to the abortion controversy. However, in the recent case of Harris v. McRae, the Supreme Court upheld the constitutionality of the Hyde Amendment and thus injected the abortion controversy back into the political arena. The author exhaustively examines the abortion controversy from the time of the Roe decision up …
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes,
2013
Pepperdine University
Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii
Pepperdine Law Review
No abstract provided.
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?,
2013
Pepperdine University
Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport
Pepperdine Law Review
The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …
