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Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner Jan 2018

Change From Within: Using Task Forces And Best Practices To Achieve Gender Equity For University Faculty, Constance Z. Wagner

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This article focuses on the search for gender equity among women faculty in the university setting in the United States. The author advocates for the use of university task forces and the institutionalization of bestpractices for achieving gender equity as means to remove the persistent barriers to professional advancement experienced by many women faculty. Discriminatory treatment of faculty based on gender may be hidden andremain unacknowledged in some universities, so the process of uncovering such treatment and formulating recommendations for change is an important first step in the process of creating a work environment that is both fair and inviting ...


Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh Oct 2017

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

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After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a ...


Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado Jan 2017

Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado

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The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this ...


Achieving Sex-Representative International Court Benches, Nienke Grossman Jan 2016

Achieving Sex-Representative International Court Benches, Nienke Grossman

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Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than ...


Shattering The Glass Ceiling In International Adjudication, Nienke Grossman Jan 2016

Shattering The Glass Ceiling In International Adjudication, Nienke Grossman

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The Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational ...


En-Gendering Economic Inequality, Michele E. Gilman Jan 2016

En-Gendering Economic Inequality, Michele E. Gilman

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We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these important discussions is the reality that economic inequality is not a uniform experience; rather, its effects fall more harshly on women and minorities. With regard to gender, American women have higher rates of poverty and get paid less than comparable men, and their workplace participation rates are falling. Yet economic inequality is neither ...


Permitting Abused Spouses To Claim The Earned Income Tax Credit In Separate Returns, Fred B. Brown Jan 2016

Permitting Abused Spouses To Claim The Earned Income Tax Credit In Separate Returns, Fred B. Brown

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The earned income tax credit (EITC) is a refundable tax credit for federal income tax purposes that is generally available to lowincome taxpayers who have income from either employment or selfemployment. The EITC is currently the largest government program providing aid to low-income individuals. The subsidy provided by the EITC is of particular importance to individuals subjected to domestic abuse, given that such individuals are often impoverished, and the EITC can provide them with the financial resources necessary to improve, endure, or leave an abusive relationship.

Despite the importance of the EITC, married individuals subjected to domestic abuse face serious ...


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

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No abstract provided.


Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy Jun 2015

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

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In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a last ...


Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson Jan 2015

Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson

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No abstract provided.


The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy Jan 2015

The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy

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The rise of women in the legal profession in Maryland was shaped by a wide range of factors, including national, state, and local political and social movements. As one scholar has noted, "[W] omen's lives are complex and .. . region, period, personality, and circumstance crucially influence what a subject is able to make of herself."' In this chapter, I explore how those circumstances-- personal and political-influenced the first group of eight women admitted to the Maryland Bar between 1902 and 1920. These women-Etta Maddox, Anna Grace Kennedy, Emilie Doetsch, Marie Elizabeth Kirk Coles, Mary Virginia Meushaw, Helen F. Hill, Emily ...


Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan Jan 2015

Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan

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No abstract provided.


Learning Critical Legal Theory Across The Curriculum: An Innovative Course In Applied Feminism, Michele E. Gilman Apr 2014

Learning Critical Legal Theory Across The Curriculum: An Innovative Course In Applied Feminism, Michele E. Gilman

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In law schools, we are so accustomed to a single professor teaching each substantive class that we rarely question this method of teaching. Imagine instead a class taught by fourteen professors, each of whom teaches for one week to share their substantive expertise through the lens of critical legal theory. At the University of Baltimore School of Law, we offer such a course, entitled Special Topics in Applied Feminism. Throughout the semester, students are exposed to feminist legal perspectives on a wide range of substantive topics, including tax law, international law, immigration law, employment law, and many others.

The course ...


Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson Jan 2014

Converge! Reimagining The Movement To End Gender Violence Symposium: Panel On Intersections Of Gender, Economic, Racial, And Indigenous (In) Justice, Margaret E. Johnson

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JOHNSON: This presentation envisions what a better domestic violence legal system might look like for persons subjected to domestic abuse who have not had their needs met or who have been harmed by the current legal system. The paper reframes the focus of the civil legal system from a paradigm of safety into a paradigm of security, including economic, housing, health, and relationship security. This reframing permits a focus on the domestic violence legal system and its intersecting systems of oppression such as race, gender, class, and ethnicity.

Currently, the domestic violence legal system targets short-term physical safety of the ...


To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick Jan 2014

To Count And Be Counted: A Response To Professor Levinson, Marcia L. Mccormick

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This Essay deepens the discussion Professor Levinson began in his lecture for the Richard J. Childress Memorial Lecture at SLU Law, Who Counts?. Professor Levinson explored the question of who counts as a member of the US community, and who gets to decide who counts. Inevitably, given our history of exclusion on the basis of race and sex, questions about belonging and race and sex form a central part of the current debate. Labeling a person with a race and sex presupposes the questions of what makes a person a certain race or sex? This essay explores what identity might ...


A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson Jan 2014

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

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This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its ...


Feminism, Democracy, And The "War On Women", Michele E. Gilman Jan 2014

Feminism, Democracy, And The "War On Women", Michele E. Gilman

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This article analyzes the social conservative attacks on women preceding the 2012 election cycle, known as the War on Women, and the ensuing feminist response. Combat was waged on many fronts, including abortion restrictions, access to contraception, funding for Planned Parenthood, welfare programs, and workplace fairness. The article discusses what this "war" means for the complex relationship between feminism and democracy. American democracy has had both liberating and oppressive effects for women, while feminism has sometimes struggled internally to appropriate the values of democracy and externally to harness its potential. Accordingly, the article explains the major political theories regarding feminism ...


The Return Of The Welfare Queen, Michele E. Gilman Jan 2014

The Return Of The Welfare Queen, Michele E. Gilman

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After welfare reform was passed in 1996, there was every reason to hope that the welfare queen was dead. The “welfare queen” was shorthand for a lazy woman of color, with numerous children she cannot support, who is cheating taxpayers by abusing the system to collect government assistance. For years, this long-standing racist and gendered stereotype was used to attack the poor and the cash assistance programs that support them. In 1996, TANF capped welfare receipt to five years and required work as a condition of eligibility, thus stripping the welfare queen of her throne of dependency. Nevertheless, during the ...


Legal History And The Politics Of Inclusion, Felice J. Batlan Jan 2014

Legal History And The Politics Of Inclusion, Felice J. Batlan

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No abstract provided.


Implausible Injuries: Wal-Mart V. Dukes And The Future Of Class Actions And Employment Discrimination Cases, Marcia L. Mccormick Jan 2013

Implausible Injuries: Wal-Mart V. Dukes And The Future Of Class Actions And Employment Discrimination Cases, Marcia L. Mccormick

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In 2001, a class action suit was brought against Wal-Mart, where plaintiffs sought to certify a class of every woman who did work for the giant retailer or had worked for it since 1998, seeking relief related to promotion and pay policies. Plaintiffs alleged that they were all discriminated against on the basis of sex. The Supreme Court agreed with Wal-Mart, finding that the class did not meet requirements for class actions set by Rule 23. This article explores the reasoning behind the Supreme Court’s split decision that the class did not meet the commonality standard, which relied significantly ...


Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick Jan 2013

Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick

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Despite our country’s efforts to eliminate it, there remain pay and achievement gaps between men and women in the workplace. This article summarizes legal approaches to close the gap, constitutional developments that have slowed government’s power to address the inequality, worrisome trends in recent cases, and the implications of these. This article proposes a future of utilizing congress’s taxing power to address inequalities.


Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin Apr 2012

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin

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There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed ...


Gender, Family, And Work, Marcia L. Mccormick Jan 2012

Gender, Family, And Work, Marcia L. Mccormick

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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.


Looking At Regional Trade Agreements Through The Lens Of Gender, Constance Z. Wagner Jan 2012

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

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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 ...


Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman Jan 2012

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

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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 ...


How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller Jan 2012

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

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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 ...


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Jan 2012

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

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This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.


It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey Jan 2012

It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey

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This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These ...


Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey Jan 2011

Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey

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No abstract provided.


Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey Jan 2011

Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey

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No abstract provided.