Law and Gender Commons^™

Subordinate Bias Liability, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Study Guide For United In Anger: A History Of Act Up, Matt Brim

Open Educational Resources

The United in Anger Study Guide facilitates classroom and activist engagement with Jim Hubbard’s 2012 documentary, United in Anger: A History of ACT UP. The Study Guide contains discussion sections, projects and exercises, and resources for further research about the activism of the New York chapter of ACT UP (AIDS Coalition to Unleash Power). The Study Guide is a free, interactive, multimedia resource for understanding the legacy of ACT UP, the film’s role in preserving that legacy, and its meaning for viewers' lives.

The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein

UF Law Faculty Publications

This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …

Sexual Harassment 2.0, Mary Anne Franks

Articles

Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur in the …

The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López

Articles

No abstract provided.

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.

Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology, Dara Purvis

Faculty Scholarship

For the last several decades, studies and surveys have shown that female law students perform worse and feel worse about their experiences in law school than do male students. Hidden in average figures, however, is a subgroup of female students who thrive. Positive psychology, focusing on what traits make people happy rather than how to alleviate depression, provides novel ideas of how to improve legal education for women without making accommodations specifically targeting gender.

A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis

Faculty Scholarship

Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …

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.

From Multiculturalism To Technique: Feminism, Culture And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles

Faculty Scholarship

The German chancellor, the French president and the British prime minister have each grabbed world headlines with pronouncements that their state’s policy of multiculturalism has failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet there is also a widely noted brain drain from feminism. Feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of “culture.” …

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.

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 …

Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard

Other Publications

No abstract provided.

The Lawmaking Family, Noa Ben-Asher

Faculty Publications

Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …

Unsex Mothering: Towards A New Culture Of Parenting, Darren Rosenblum

Faculty Publications

(Excerpt)

I was, until recently, a pregnant man. I explored some of the issues that arose along my path to parenthood in a recent essay titled Pregnant Man?: A Conversation. My husband and I began the process of having a child several years ago when we hired a surrogacy agency that works primarily with gay male couples. After a complex process, we are now raising our daughter.

As a parent, I confront a far more sexed area of life than I have ever encountered before. Everyone congratulates my partner and me on being “fathers,” even though within our home we …

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.