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University of Nevada, Las Vegas -- William S. Boyd School of Law

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Articles 31 - 60 of 96

Full-Text Articles in Law and Gender

Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell Jan 2016

Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell

Scholarly Works

Self-help programs are conceptualized as alternatives to attorney representation that can help both courts and unrepresented litigants. The rhetoric of self-help also typically includes empowering unrepresented individuals to help themselves. But how do self-help programs respond to litigants’ efforts at self-advocacy? This Article reports findings from a study of courthouse self-help programs assisting unrepresented litigants applying for protection orders. The central finding is that self-help staff members were not neutral in the provision of services despite a professed ethic of neutrality. Using the sociological concept of demeanor, this Article shows that staff members rewarded protection order applicants who conformed to ...


Beyond The Basketball Court: How Brittney Griner's In My Skin Illustrates Title Ix's Failure To Protect Lgbt Athletes At Religious Institutions, Leslie C. Griffin Jan 2016

Beyond The Basketball Court: How Brittney Griner's In My Skin Illustrates Title Ix's Failure To Protect Lgbt Athletes At Religious Institutions, Leslie C. Griffin

Scholarly Works

Symposium: Playing with Pride: LGBT Inclusion in Sports.

Unlike schoolteachers, janitors, coaches, food-service directors, organists, and other workers, professional athletes usually command center stage in society. Their successes and failures loom larger than life. Sometimes their prominent lives highlight themes hidden from public discussion or neglected by the majority. Professional basketball player Brittney Griner's autobiography does just that, by illuminating how "religious freedom" can undermine equality, especially LGBT equality.


Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer Jan 2015

Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer

Scholarly Works

Title VII prohibits employers from imposing their racial, sex-based, ethnic, or religiously inspired grooming and appearance standards, even if, in light of widely accepted social conventions, the vast majority would feel exceptionally uncomfortable in the presence of employees who refuse to comport with their employers' discriminatory rules. Indeed, nearly four decades ago, with correct simplicity and directness the Supreme Court recognized Title VII's first principle: "Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due to discrimination on the basis of race, religion, sex, or national origin." Therefore, contrary to the harsh dismay ...


Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley Jan 2015

Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley

Scholarly Works

No abstract provided.


Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell Jan 2015

Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell

Scholarly Works

Access to justice efforts have been focused more on access than justice, due in part to the framing of access to justice issues around the presence or absence of lawyers. This article argues that access to justice scholars and activists should also think about social justice and provides a roadmap for running a legal services program geared toward making court systems more just. The article also further develops the concept of “poor people’s courts,” a term that has been used to describe courts serving large numbers of low-income people without representation. The article argues that access to justice efforts ...


Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin Jan 2015

Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin

Scholarly Works

Despite the pro-religion rhetoric surrounding it, Hobby Lobby marks a loss of religious freedom. Missing from the majority's opinion is the core concept that religious freedom is necessary to protect the rights of all Americans, and that a religious belief must not be imposed on citizens through the force of law. Any interpretation of the First Amendment or the Religious Freedom Restoration Act ("RFRA")' that imposes one citizen's religious faith upon another must be rejected. This Article defends this non-imposition model of religious freedom and describes why and how Hobby Lobby incorrectly departed from it.


Policing And The Clash Of Masculinities, Ann Mcginley Jan 2015

Policing And The Clash Of Masculinities, Ann Mcginley

Scholarly Works

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods, but the relationship between police officers and their victims is ...


Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan Sep 2014

Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan

Nevada Law Journal

No abstract provided.


America's "Disneyland Of Sex": Exploring The Problem Of Sex Trafficking In Las Vegas And Nevada's Response, Chariane K. Forrey Jun 2014

America's "Disneyland Of Sex": Exploring The Problem Of Sex Trafficking In Las Vegas And Nevada's Response, Chariane K. Forrey

Nevada Law Journal

No abstract provided.


Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey Jun 2014

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.


Women, Unions, And Negotiation, Nicole Buonocore Porter Mar 2014

Women, Unions, And Negotiation, Nicole Buonocore Porter

Nevada Law Journal

No abstract provided.


Livelihood And Entrepreneurship In Rabbit Meat Marketing For Small Farmers: Lessons From Kenya, Hema Yadav Jan 2014

Livelihood And Entrepreneurship In Rabbit Meat Marketing For Small Farmers: Lessons From Kenya, Hema Yadav

Gender, Health, and Science

No abstract provided.


How Masculinities Distribute Power: The Influence Of Ann Scales, Ann C. Mcginley, Frank Rudy Cooper Jan 2014

How Masculinities Distribute Power: The Influence Of Ann Scales, Ann C. Mcginley, Frank Rudy Cooper

Scholarly Works

Ann Scales's scholarship on masculinities in relation to sexual assault and militarism prompted us to consider exactly how power is distributed by assumptions about what is masculine. For instance, men privileged by association with hegemonic masculinities — those most dominant and preferred — are sometimes excused for acts of violence against people who are denigrated as unmasculine or excessively masculine. In one set of examples, communities excuse football players for sexual assaults on grounds that "boys will be boys." The implication is that boys should be allowed to act out before taking on adult responsibilities, and that they need to do ...


Dreams Of My Father, Prison For My Mother: The H-4 Nonimmigrant Visa Dilemma And The Need For An "Immigration-Status Spousal Support", Stewart Chang Jan 2014

Dreams Of My Father, Prison For My Mother: The H-4 Nonimmigrant Visa Dilemma And The Need For An "Immigration-Status Spousal Support", Stewart Chang

Scholarly Works

In this article, Professor Stewart Chang uses the situation of H-4 visa derivatives in the Asian Indian immigrant community as a case study to expose and critique larger incongruities within current American immigration policy, which on the one hand has historically extolled individuality, equality, and workforce participation as avenues to the American Dream, while enforcing gender hierarchy and dependency through requirements that prioritize family unity on the other. These incongruities remain largely unnoticed because the culture of dependency is often attributed to traditional ethnic culture, which then becomes the site of scrutiny and blame. The H-4 visa dilemma in the ...


Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus Jan 2014

Pursuing Justice For The Child: The Forgotten Women Of In Re Gault, David S. Tanenhaus

Scholarly Works

In this article, I first draw on my recent book The Constitutional Rights of Children to introduce the facts of the case and place the case in the larger context of the history of American juvenile justice. I then focus specifically on the role of four remarkable women in the history of this landmark decision: Marjorie Gault, Gerald's mother; Amelia Lewis, Gerald's lawyer; Lorna Lockwood, an Arizona lawyer who became the first woman to serve as the Chief Justice of a State Supreme Court; and Getrude "Traute" Mainzer, who assisted in the litigation of Gerald's case before ...


Flexible Feminism And Reproductive Justice: An Essay In Honor Of Ann Scales, Lynne Henderson Jan 2014

Flexible Feminism And Reproductive Justice: An Essay In Honor Of Ann Scales, Lynne Henderson

Scholarly Works

Professor Ann Scales began her distinguished career by taking feminism and reproductive justice seriously. She became a leading feminist voice and influence on a number of topics. In later years, she returned to concerns about reproductive justice by presciently emphasizing the need to preserve women’s access to abortions.

This Essay discusses Professor Scales’s concerns and feminist method and then turns to reproductive justice. The Essay notes that, with Scales, a right to abortion is foundational for reproductive justice. The Essay then examines the increasing narrowing of access to abortion through law. The Essay next examines a current crisis ...


Masculinity, Labor, And Sexual Power, Ann C. Mcginley Jan 2013

Masculinity, Labor, And Sexual Power, Ann C. Mcginley

Scholarly Works

This Essay focuses on gender and sexuality to analyze Hannah Rosin's thesis in the The End of Men. It relies in large part on feminist and masculinities theories to consider how men and women may both suffer gendered disadvantage. It looks specifically at Las Vegas, a market that is sexualized, in order to complicate Rosin's narrative, and to create a better understanding of what is happening in the U.S. workforce. While the Las Vegas market is not representative of markets across the country, it is economically and socially significant and, with the expansion of the casino and ...


Trouble In Sin City: Protecting Sexy Workers' Civil Rights, Ann C. Mcginley Jan 2012

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 ...


Work, Caregiving, And Masculinities, Ann C. Mcginley Apr 2011

Work, Caregiving, And Masculinities, Ann C. Mcginley

Scholarly Works

In her book Reshaping the Work-Family Debate, Joan Williams demonstrates the vulnerability of parent workers in working class America. In Chapter 2, "One Sick Child Away from Being Fired," she examines the records of ninety-nine union arbitrations to analyze the problems of working class parents who struggle to juggle their working and parenting responsibilities. Because this chapter is a tour de force in an overall excellent book, and because it suggests an area that Professor McGinley's research has focused on over the past number of years, in this Essay, Professor McGinley limits her discussion almost exclusively to this chapter ...


Smith And Women's Equality, Leslie C. Griffin Jan 2011

Smith And Women's Equality, Leslie C. Griffin

Scholarly Works

No abstract provided.


Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper Jan 2011

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.


A Guy Walks Into A Bar: Gender Discriminatory Pricing And Admission Policies In Las Vegas Establishments, Shana S. Brouwers Oct 2010

A Guy Walks Into A Bar: Gender Discriminatory Pricing And Admission Policies In Las Vegas Establishments, Shana S. Brouwers

Nevada Law Journal

No abstract provided.


Sacrificing Diversity For “Quality”: How Judicial Performance Evaluations Are Failing Women & Minorities, Rebecca Wood, Sylvia R. Lazos, Mallory Waters Apr 2010

Sacrificing Diversity For “Quality”: How Judicial Performance Evaluations Are Failing Women & Minorities, Rebecca Wood, Sylvia R. Lazos, Mallory Waters

Scholarly Works

Because voters rely on judicial performance evaluations when casting their ballots, it is important that policymakers work diligently to compile valid, reliable and unbiased information about our sitting judges. This paper analyzes attorney surveys of judicial performance in Nevada from 1998‐2008. The survey instrument is similar to those used throughout the country for judicial evaluation programs. Unfortunately, none of the readily‐obtainable objective measures of judicial performance can explain away difference in scores based on race and sex. Minority judges and female judges score consistently and significantly lower than do their white male counterparts, all other things equal. These ...


Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino Jan 2010

Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino

Scholarly Works

In its broadest sense, the Article examines the relationship between science and the law in the context of postpartum illness. From classical antiquity to the present day, physicians and scientists have investigated the causes, correlates, and consequences of the depressions and psychoses that develop in some women following their transition to motherhood. The scientific investigation of postpartum illness has been characterized by an open-ended search for knowledge with the recgonition that scientific findings published one day are subject to revision the next. Legislators and judges also have sought to understand postpartum illness as necessary to make laws that affect and ...


Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson Jan 2010

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson

Scholarly Works

This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.


Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan Apr 2009

Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan

Nevada Law Journal

No abstract provided.


Our First Unisex President?: Black Masculinity And Obama's Feminine Side, Frank Rudy Cooper Jan 2009

Our First Unisex President?: Black Masculinity And Obama's Feminine Side, Frank Rudy Cooper

Scholarly Works

People often talk about the significance of Barack Obama's status as our first black President. During the 2008 Presidential campaign, however, a newspaper columnist declared, "If Bill Clinton was once considered America's first black president, Obama may one day be viewed as our first woman president." That statement epitomized a large media discourse on Obama's femininity. In this essay, Professor Frank Rudy Cooper thus asks how Obama will influence people's understandings of the implications of both race and gender.

To do so, he explicates and applies insights from the fields of identity performance theory, critical race ...


Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jan 2009

Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino

Scholarly Works

These remarks, delivered at the Neuroscience, Law, and Government Symposium held at the University of Akron School of Law in 2009, explore how stakeholders are using advances in the neuroscience of three gender-specific and gender-prevalent conditions (the postpartum mood disorders, premenstrual dysphoric disorder, and eating disorders) to secure health care benefits under group health plans and individual health insurance policies and to push for the inclusion of these conditions in mental health parity legislation.


Hillary Clinton, Sarah Palin, And Michelle Obama: Performing Gender, Race, And Class On The Campaign Trail, Ann C. Mcginley Jan 2009

Hillary Clinton, Sarah Palin, And Michelle Obama: Performing Gender, Race, And Class On The Campaign Trail, Ann C. Mcginley

Scholarly Works

The 2008 Presidential campaign highlighted three strong, interesting, and very different women -- Hillary Clinton, Sarah Palin, and Michelle Obama -- who negotiated identity performances in the political limelight. Because of their diverse backgrounds, experience, and ages, an examination of how these three women performed their identities and the public response to them offers a rich understanding of the changing nature of gender, gender roles, age, sexuality and race in our culture. This essay suggests that optimism that Obama's race and gender performances may have removed the stigma from "the feminine" may be misplaced, at least when it comes to women ...


Reproducing Gender On Law School Faculties, Ann C. Mcginley Jan 2009

Reproducing Gender On Law School Faculties, Ann C. Mcginley

Scholarly Works

This article demonstrates that there is a gender divide on law school faculties. Women work in inferior sex-segregated jobs and teach a disproportionate percentage of female-identified courses. More than 80% of law school deans are men. Men teach the more prestigious male-identified courses. Women suffer from differential expectations from colleagues and students and often bear the brunt of their colleagues' bullying behaviors at work. Using masculinities studies and other social science research to identify gendered structures, practices, and behaviors that harm women law professors, this article provides a theoretical framework to explain why women in the legal academy do not ...