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Full-Text Articles in Law and Gender

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson Jan 2020

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir Oct 2019

Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir

Doron M Kalir

In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.

For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex ...


Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers Oct 2019

Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers

Joni Hersch

Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that ...


They, Them, And Theirs, Jessica Clarke Oct 2019

They, Them, And Theirs, Jessica Clarke

Jessica Clarke

Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them, and theirs,” and recognition of a third gender category by U.S. states including California, Oregon, New Jersey, Minnesota, and Washington. People with nonbinary gender identities do not exclusively identify as men or women. Feminist legal reformers have long argued that discrimination on the basis of gender nonconformity — in other words, discrimination against men perceived as feminine or women perceived as masculine — is a harmful type of sex discrimination that the law should redress. But the ...


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir Oct 2019

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir

Doron M Kalir

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part ...


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips Oct 2019

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

Victoria Phillips

No abstract provided.


The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris Oct 2019

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming


Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather Oct 2019

Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Countermajoritarian Paradox, Neal Devins Sep 2019

The Countermajoritarian Paradox, Neal Devins

Neal E. Devins

No abstract provided.


Lifting The Veil: Women And Islamic Law, Christie S. Warren Sep 2019

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Christie S. Warren

No abstract provided.


Introduction To Special Collection: Seminar Papers On Women And Islamic Law, Christie S. Warren Sep 2019

Introduction To Special Collection: Seminar Papers On Women And Islamic Law, Christie S. Warren

Christie S. Warren

No abstract provided.


The Radical Feminist Defense Of Individualism, Cynthia V. Ward Sep 2019

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Women And War, Linda A. Malone Sep 2019

Women And War, Linda A. Malone

Linda A. Malone

No abstract provided.


Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone Sep 2019

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

Linda A. Malone

No abstract provided.


Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone Sep 2019

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Linda A. Malone

No abstract provided.


Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone Sep 2019

Forgotten Victims: Responsibility Under Law For Systematic Sexual Violence Toward Women During Warfare, Linda A. Malone

Linda A. Malone

No abstract provided.


Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone Sep 2019

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone

Linda A. Malone

No abstract provided.


Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Sep 2019

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Linda A. Malone

No abstract provided.


How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins Sep 2019

How Planned Parenthood V. Casey (Pretty Much) Settled The Abortion Wars, Neal Devins

Neal E. Devins

More than twenty-one years after Robert Bork's failed Supreme Court nomination and seventeen years after Planned Parenthood of Southeastern Pennsylvania v. Casey, the rhetoric of abortion politics remains unchanged. Pro-choice interests, for example, argue that states are poised to outlaw abortion and that Roe v. Wade is vulnerable to overruling. In this Essay, I will debunk those claims. First, I will explain how Casey's approval of limited abortion rights reflected an emerging national consensus in 1992. Second, I will explain why the Supreme Court is unlikely to risk political backlash by formally modifying Casey- either by restoring the ...


Gender Justice And Its Critics, Neal Devins Sep 2019

Gender Justice And Its Critics, Neal Devins

Neal E. Devins

No abstract provided.


Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins Sep 2019

Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins

Neal E. Devins

No abstract provided.


Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley Sep 2019

Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley

Christine Haight Farley

No abstract provided.


Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden Sep 2019

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe Sep 2019

Tonic Immobility: The Fear-Freeze Response As A Forgotten Factor In Sexual Assault Laws, Moriah Schiewe

DePaul Journal of Women, Gender and the Law

No abstract provided.


Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier Sep 2019

Parental Gender Designations On Children’S Birth Certificates: The Need For A Modifiable Form, Megan Brodie Maier

DePaul Journal of Women, Gender and the Law

No abstract provided.


Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney Sep 2019

Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney

DePaul Journal of Women, Gender and the Law

No abstract provided.


Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo Sep 2019

Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo

Pace Law Review

This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations ...


Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden Sep 2019

Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang Aug 2019

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...