Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

5,798 Full-Text Articles 4,102 Authors 2,972,005 Downloads 184 Institutions

All Articles in Law and Gender

Faceted Search

5,798 full-text articles. Page 4 of 151.

Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner 2019 Linfield College

Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner

Student Engagement Posters

Lara Martz and Sage Kramer-Urner discuss student engagement at Linfield College with regard to a fundraising campaign to benefit the Trans Law Center.


#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer 2019 SJ Quinney College of Law, University of Utah

#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer

Utah Law Review

This Article illustrates how movements for increased equality between men and women can fail to meet their stated goals. Using the example of statutory rape laws, this Article explains how the legislative shift from gender-specific to gender-neutral terminology, brought on in part by feminists seeking an egalitarian society, has failed to achieve the goal of increasing equality between males and females and, in many ways, led to a return to the historical paradigm of girls as both powerless and property.


Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond 2019 University of Massachusetts, Amherst

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw 2019 Texas A&M University School of Law

Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw

Texas A&M Law Review

For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and ...


University Title Ix Compliance: A Work In Progress In The Wake Of Reform, Michelle J. Harnik 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

University Title Ix Compliance: A Work In Progress In The Wake Of Reform, Michelle J. Harnik

Nevada Law Journal

No abstract provided.


Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson 2019 Eastern Washington University

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal ...


Extending The Sex-Plus Discrimination Doctrine To Age Discrimination Claims Involving Multiple Discriminatory Motives, Marc Chase McAllister 2019 Texas State University

Extending The Sex-Plus Discrimination Doctrine To Age Discrimination Claims Involving Multiple Discriminatory Motives, Marc Chase Mcallister

Boston College Law Review

Federal employment discrimination statutes make it unlawful to discriminate against employees on the basis of certain protected characteristics, including race, color, religion, national origin, sex, disability, and age. Under Title VII of the Civil Rights Act of 1964, an employer may not discriminate against an employee based on a combination of two protected traits, such as race and sex. Nevertheless, these claims—which this Article refers to as multiple-motive claims—tend to fail when one of the protected traits is age. Whether brought under Title VII or under the Age Discrimination in Employment Act of 1967 (ADEA), this Article argues ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Marriage Equality Comes To The Fourth Circuit, Carl Tobias 2019 University of Richmond School of Law

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Washington and Lee Law Review

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit ...


The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams 2019 University of Louisville Louis D. Brandeis School of Law

The Polarization Of Reproductive And Parental Decision-Making, Jamie R. Abrams

Jamie R. Abrams

Women’s abortion and parental decision-making in child rearing are constructed as polarized methods of decision-making in law, politics, and society. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This Article exposes the ground to be gained by crossing longstanding ...


The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams 2019 University of Louisville Louis D. Brandeis School of Law

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie R. Abrams

Jamie R. Abrams

This Article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy.

This Article instead considers ...


The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams 2019 Selected Works

The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams

Jamie R. Abrams

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity — a dominant form of masculinity whereby some types of men have power over women and over some other men — can directly cause violence against women and reveals both an underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory and ...


Banding Together: Reflections Of The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Jamie R. Abrams, Daniela Kraiem 2019 Selected Works

Banding Together: Reflections Of The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Jamie R. Abrams, Daniela Kraiem

Jamie R. Abrams

No abstract provided.


Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams 2019 University of Louisville Louis D. Brandeis School of Law

Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams

Jamie R. Abrams

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of ...


Tribute To Professor Deborah Waire Post, Paula C. Johnson 2019 Touro College Jacob D. Fuchsberg Law Center

Tribute To Professor Deborah Waire Post, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.


Northeast Corridor, Phoebe Haddon 2019 Touro College Jacob D. Fuchsberg Law Center

Northeast Corridor, Phoebe Haddon

Journal of Race, Gender, and Ethnicity

No abstract provided.


On The Occasion Of Deborah Post’S Retirement, Margaret Barry 2019 Touro College Jacob D. Fuchsberg Law Center

On The Occasion Of Deborah Post’S Retirement, Margaret Barry

Journal of Race, Gender, and Ethnicity

No abstract provided.


Nepoc And The Northeast Corridor Collective Of Black Women Law Professors, Anita L. Allen 2019 Touro College Jacob D. Fuchsberg Law Center

Nepoc And The Northeast Corridor Collective Of Black Women Law Professors, Anita L. Allen

Journal of Race, Gender, and Ethnicity

No abstract provided.


Introduction, Deborah W. Post 2019 Touro Law Center

Introduction, Deborah W. Post

Journal of Race, Gender, and Ethnicity

No abstract provided.


Hushing Contracts, David A. Hoffman, Eric Lampmann 2019 University of Pennsylvania Law School

Hushing Contracts, David A. Hoffman, Eric Lampmann

Faculty Scholarship at Penn Law

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, has attempted to deal with such hush contracts. But such legislation is often incomplete, and many courts and commentators continue to ask if victims of harassment can sign enforceable settlements that conceal serious, potentially metastasizing, social harms. In this Article, we argue that employing the public policy doctrine, courts ought to generally refuse to enforce hush agreements, especially those created by organizations. We restate public policy ...


Digital Commons powered by bepress