Law and Gender Commons^™

If It’S Broken, Let Them Fix It: Why The Gebser Pre-Litigation Notice Requirement Should Apply To Title Ix Athletics Lawsuits, Zachary Swartz

Catholic University Law Review

No abstract provided.

Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Response: And Baby Makes How Many - Using In Re M.C. To Consider Parentage Of A Child Conceived Through Sexual Intercourse And Born To A Lesbian Couple, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli

Faculty Scholarship

American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …

Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone

Faculty Scholarship

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?

This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …

The Benefits To Be Derived From Post-Negotiation Assessments, Charles B. Craver

Cardozo Journal of Conflict Resolution

Lawyers negotiate regularly, even when they do not appreciate the fact they are engaged in such activities. They negotiate with their own partners, associates, and legal assistants, as well as with prospective clients and current clients. They also negotiate with outside parties on behalf of their clients. Most legal practitioners have had minimal formal training with respect to this critical lawyering skill, and few spend much time thinking about what they are doing when they engage in bargaining interactions with others.

Reproducing Value: How Tax Law Differentially Values Fertility, Sexuality & Marriage, Tessa R. Davis

Faculty Publications

Section 213 of the Internal Revenue Code permits a deduction for an individual’s fertility expenses, but it does not do so evenhandedly. This paper focuses on the current discriminatory effects of §213 doctrine as it is applied to the deductibility of fertility treatments for single persons and/or homosexual couples, as compared to heterosexual, married couples. Traditional economic analysis of the Code fails to explain such discrimination, thus a new approach is required. Utilizing tools from anthropological theory, this paper recognizes and analyzes our tax code (and specifically §213) as a cultural artifact and therein challenges the presumed objectivity of our …

Decoupling Marriage & Procreation: A Feminist Argument For Same-Sex Marriage, Hannah Haksgaard

Faculty Publications

The quickly arriving reality of same-sex marriage is a move forward for all couples who marry, including opposite-sex and transgender couples. This piece examines the way that same-sex marriage will improve these other marriages. In particular, I argue that the "essential aspects" of marriage remain sex and reproduction - domains associated with the wife in a traditional marriage in a way that serves to denigrate women. Although the long-existing link between procreation and marriage has begun to fade, it will not be until same-sex marriage is fully legalized that opposite-sex marriage can fundamentally change. Therefore, both feminists and advocates of …

The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner

Cardozo Journal of International and Comparative Law

The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.

Introduction: Masculinities, Multidimensionality, And Law: Why They Need One Another, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

No abstract provided.

Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley

Scholarly Works

While Las Vegas has always been known for its libertarian attitudes toward gambling and sexually provocative shows, after a short, failed attempt during the 1990’s to characterize itself as a family destination, the City has turned up the heat. Las Vegas, which relies increasingly on selling sex appeal to promote its value to the public, has become the number one adult entertainment destination in the United States. There is, however, trouble in paradise. A number of the casino-based clubs (both day and night) have been sued; others have closed due to illegal prostitution; some have paid large fines to the …

Reflections On Intellectual Hybridity, Kimala Price

Journal of Feminist Scholarship

Drawing from the growing literature on interdisciplinarity and my own experiences as an intellectual hybrid, I discuss the personal and institutional challenges inherent in crossing disciplinary boundaries in the academy. I argue that boundary crossing is a natural occurrence and that the issue of (inter)disciplinarity is a matter of degree and of determining who gets to define the boundaries. Defining boundaries is not merely an intellectual enterprise, but also a political act that delineates what is, or is not, legitimate scholarship. This issue is especially salient to women's and gender studies during times of economic distress and educational budget cuts.

Caught Between A Rock And A Hard Place: The Title Ix Generation, Mathematics, And The State Of Feminist Quantitative Social Science Research, Jill R. Williams

Journal of Feminist Scholarship

In this essay I reflect on the fortieth anniversary of the Mink Equal Opportunity in Education Act of 1972 (Title IX), which prohibited discrimination based on sex in federally funded education programs in the United States and inspired educational programs that encourage girls to pursue math and science careers. I argue that despite the feminist underpinnings of Title IX, in recent years feminism has discouraged the advancement of women in math and science by excluding quantitative research from its publications, quantitative researchers from women's and gender studies programs, and quantitative training from its curriculum. I examine my own experience of …

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

Staying Home While Studying Abroad: Anti-Imperial Praxis For Globalizing Feminist Visions, Shireen Roshanravan

Journal of Feminist Scholarship

This paper hinges on the recognition that when study-abroad opportunities are presented and perceived as a means of access to global perspectives on women and gender, they reduce the problem of US-centrism in Women's Studies to a geographic rather than an epistemic limitation. According to this logic, physical travel away from the United States can serve as an effective method for overcoming US-centrism and attending to the "global," a curricular strategy that Chandra Mohanty and M. Jacqui Alexander call "the cartographic rule of the transnational as always 'elsewhere'" (Mohanty and Alexander 2010, 33). This cartographic rule reinforces hegemonic representations of …

The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey

Journal of Feminist Scholarship

This essay focuses on the rhetoric of protection that emerges around infants who face the prospect of normalizing surgeries. Frequently, decisions to proceed with normalizing surgeries are made by doctors and parents with "protection" of the infant as a motivating force. "Protection," in such contexts, typically refers to protection of the infant from the inhospitable world that lies in wait for an individual whose body does not conform to social, morphological, and biological norms. While this concern may be valid and important, this essay argues that there are alternative narratives or notions of protection that must also be acknowledged and …

Novas Cartas Portuguesas: The Making Of A Reputation, Ana Margarida Dias Martins

Journal of Feminist Scholarship

Novas Cartas Portuguesas (New Portuguese Letters), co-authored by Maria Isabel Barreno, Maria Teresa Horta, and Maria Velho da Costa, was banned in 1972 in Portugal for exploring sensitive issues such as women's oppression under the Catholic patriarchy. Given that police action against the authors soon became the focus of an international feminist protest in 1972-73, existing discussions of the book's reception often focus almost exclusively on what may be called its political life. I propose to approach the book from a new angle, with the purpose of uncovering its theoretical dimension as a literary-critical text that may have played an …

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

Negotiating The Insider/Outsider Status: Black Feminist Ethnography And Legislative Studies, Nadia E. Brown

Journal of Feminist Scholarship

This essay bridges the gaps in the literature within legislative studies by illustrating the usefulness of feminist ethnography as a methodological intervention into studying legislative behavior. Black feminist epistemology is a useful tool for making new knowledge claims within an existing body of knowledge. I use anecdotes and examples from my fieldwork in the Maryland state legislature to expose how race and gender impact both the process and the outcome of data collection. I demonstrate how my experience as an African American woman researcher whose work centers on Black women Maryland state legislators, which I situate within Black feminist epistemology, …

The Politics Of Writing, Writing Politics: Virginia Woolf’S A [Virtual] Room Of One’S Own, Tegan Zimmerman

Journal of Feminist Scholarship

This article revisits A Room of One’s Own, Virginia Woolf’s foundational 1929 text on women’s writing. I examine from a feminist materialist perspective the relevance of Woolf’s notion of a “room” in our globalized and technological twenty-first century. I first review Woolf’s position on the material conditions necessary for women writers in her own time and then the applicability of her thinking for contemporary women writers on a global scale. I emphasize that the politics of writing, and in particular writing by women, that Woolf puts forth gives feminists the necessary tools to reevaluate and rethink women’s writing both online …