Law and Gender Commons^™

Can Equitable Estoppel Be Used As An Effective Way For A Legal Parent To Obtain Child Support For The Children Of A Separated Same-Sex Couple?, Josh Smolow

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Sex Change: Changing The Face Of Transgender Policy In The United States, Amy Ballard

Cardozo Journal of Equal Rights & Social Justice

The note argues that transgender laws in the United States are inconsistent and unjust, with a lack of a uniform legal definition of transgender. The 2010 passport policy, which allows gender changes without surgery, highlights the need for comprehensive legal reform. The author advocates for a standardized legal definition and procedures to ensure consistent rights and protections for transgender individuals.

Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner

All Faculty Scholarship

This article focuses on an unresolved issue within international trade law and policy, namely whether there is a need to consider gender-differentiated impacts of trade agreements and if so, how such impacts should be addressed. The author argues in favor of a gender aware approach to trade, discussing this topic within the context of regional trade agreements (“RTAs”), which are being used increasingly as a route to economic integration among nations. While there is evidence of gender-differentiated impacts of trade liberalization, there has been little progress made in advancing an agenda to address gender issues at the level of multilateral …

Gender, Family, And Work, Marcia L. Mccormick

All Faculty Scholarship

The country has prohibited sex discrimination since the 1960’s, but society continues to view women and men differently because women give birth, breastfeed, and are traditional caregivers. This article takes a historical look at court decisions and legislative efforts to address equality where men and women are not similarly situated and also explores recent developments and current debates, such as caregiver discrimination, lactation rooms and breaks, and the Affordable Care Act’s contraceptive mandate. Despite the abundance of legislation and court decisions over the past forty years, much progress still needs to be made.

How (Not) To Talk About Abortion, Meredith J. Harbach

Law Faculty Publications

In this essay, I aim to have a conversation about how we converse- how we talk-about abortion and related issues. In the process, I want to consider how we might come together to discover issues of shared commitment and values and transform the existing abortion debate. I begin with a review of some of the more notable abortion-related rhetoric during the 2012 Virginia General Assembly, and contrast that rhetoric with the discourse in my classroom. I then consider whether and how we might move forward together toward a more meaningful and productive dialogue on these issues.

The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Rethinking Gender Equality In The Legal Profession's Pipeline To Power: A Study On Media Coverage Of Supreme Court Nominees (Phase 1, The Introduction Week), Hannah Brenner, Renee Newman Knake

Faculty Scholarship

Three women now sit on the Supreme Court of the United States, and a fourth recently retired, suggesting the attainment of formal gender equality. Despite this appearance of progress, women remain significantly underrepresented in major leadership roles within the legal profession, where they face extensive gender bias and stereotyping. This gender bias and stereotyping is also leveraged against women who are featured in the media, illustrated vividly by coverage of the most recent Supreme Court nominations. Headlines from mainstream news, "Then Comes the Marriage Question" in the New York Times or "The Supreme Court Needs More Mothers" in the Washington …

Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger

Faculty Scholarship

No abstract provided.

Regulating The Sex Trade, John Avery

Student Works

No abstract provided.

Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka

Student Works

No abstract provided.

Factions For The Rest Of Us, John D. Inazu

Scholarship@WashULaw

This essay responds to essays by Professors Ashutosh Bhagwat, Susan Appleton, and Robert Vischer on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. The essays were presented at a March 2012 discussion hosted by Washington University School of Law that included additional presentations from Gregory Magarian, Bernadette Meyler, Ian MacMullen, and Neil Richards.

I had three objectives in writing Liberty’s Refuge, one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The history excavates the prominent role that the right of assembly occupies in our constitutional and popular past. …

Why We Need Race Conscious Admissions, Deborah N. Archer

Other Publications

No abstract provided.

Gender Equality Rights And Trade Regimes: Coordinating Compliance, Pitman B. Potter

All Faculty Publications

Taken together, the symposium papers and presentations illustrate the rich diversity of perspectives and issues emerging from the discourse of Coordinated Compliance with regard to specific issues on gender equality and trade, revealing a fundamental concern over human well-being along with an abiding commitment to scholarly rigor.

Mère, Régine Tremblay

All Faculty Publications

Qu'est-ce qu'une mère en droit? Cette entrée encyclopédique explore de manière critique et transsystémique la notion de mère en droit, à la lumière des deux grandes traditions juridiques canadiennes.

Beyond Microfinance: Creating Opportunities For Women At The Base Of The Pyramid, Deborah Burand

Articles

A growing number of innovative social entrepreneurs are tackling this problem by creating 'busmesses in a bag' mspired by the world's largest direct seller of beauty products - Avon. These very small franchise or consignment businesses are affordable enough to be acquired and operated by women living at the base of the economic pyramid. Just as commercial franchise networks such as Avon have helped people with httle or no experience grow mto successful business owners around the world, microfranchise and microconsignment networks may hold similar promise.

Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman

All Faculty Scholarship

This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 18, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.