| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Katherine Chen |
Including Gender in Bias Crime Statutes: Feminist and Evolutionary Perspectives |
3 William & Mary Journal of Women and the Law 277 (Spring, 1997) |
In December, 1989, Marc Lepine walked into an engineering class at the University of Montreal, armed with a rifle. He divided the class into two groups, shouting, I want the women. As he shot each woman at point blank range, he shouted, You're all a bunch of feminists. I hate feminists. After he shot fourteen women, all between the ages of...; Search Snippet: ...Journal of Women and the Law Spring, 1997 Note INCLUDING GENDER IN BIAS CRIME STATUTES: FEMINIST AND EVOLUTIONARY PERSPECTIVES Katherine Chen... |
1999 |
|
|
| Douglas W. Ackerman |
Kennewick Man: the Meaning of "Cultural Affiliation" and "Major Scientific Benefit" in the Native American Graves Protection and Repatriation Act |
33 Tulsa Law Journal 359 (Fall, 1997) |
Passed quietly and without dissent in 1990, the Native American Graves Protection and Repatriation Act (NAGPRA) was intended to terminate centuries of plundering of Native American grave sites. Native American cultural and religious beliefs with respect to the dead, most of which differ significantly with Anglo-American traditions, were affronted...; Search Snippet: ...817271 TULSA LAW JOURNAL Tulsa Law Journal Fall, 1997 KENNEWICK MAN: THE MEANING OF CULTURAL AFFILIATION AND MAJOR SCIENTIFIC BENEFIT IN THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Douglas W. Ackerman [FNd1] Copyright... |
1999 |
|
|
| Leslie G. Espinoza |
Legal Narratives, Therapeutic Narratives: the Invisibility and Omnipresence of Race and Gender |
95 Michigan Law Review 901 (February, 1997) |
My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward: Divorce. Married 7 years. Has lived with H [husband] on and off for 15 years. Two children from H born out of wedlock. Clt [client] married in Belmont, MA. Clt has children. H has not been living at home since...; Search Snippet: ...NARRATIVES, THERAPEUTIC NARRATIVES: THE INVISIBILITY AND OMNIPRESENCE OF RACE AND GENDER Leslie G. Espinoza [FNa] Copyright (c) 1997 Michigan Law Review... |
1999 |
|
|
| Karen B. Brown |
Not Color- or Gender-neutral: New Tax Treatment of Employment Discrimination Damages |
7 Southern California Review of Law and Women's Studies 223 (Spring 1998) |
To support a host of tax give aways offered as a palliative to small businesses required to pay a higher minimum wage, Congress eliminated a venerated Internal Revenue Code (IRC) provision that supported exclusion from gross income of damages received on account of race- and gender-based employment discrimination. Congress' 1996 amendment of IRC...; Search Snippet: ...Law and Women's Studies Spring 1998 Article NOT COLOR- OR GENDER-NEUTRAL: NEW TAX TREATMENT OF EMPLOYMENT DISCRIMINATION DAMAGES [FNd1] Karen... |
1999 |
Yes |
|
| Patricia B. Campbell , Ellen Wahl |
Of Two Minds: Single-sex Education, Coeducation, and the Search for Gender Equity in K-12 Public Schooling |
14 New York Law School Journal of Human Rights 289 (Symposium, 1997) |
After decades of coeducation as the norm for K-12 public education in the United States, reports that schools shortchange girls fueled an interest in single-sex education for girls in both single-sex schools and all-girl classes within co-ed schools. This paper presents what is known about the effects of single-sex and coeducation within a...; Search Snippet: ...TWO MINDS: SINGLE-SEX EDUCATION, COEDUCATION, AND THE SEARCH FOR GENDER EQUITY IN K-12 PUBLIC SCHOOLING Patricia B. Campbell [FNa1... |
1999 |
|
|
| Darryl C. Wilson |
Parity Bowl Ix: Barrier Breakers V. Common Sense Makers the Serpentine Struggle for Gender Diversity in Collegiate Athletics |
27 Cumberland Law Review 397 (1996-1997) |
C1-3Table of Contents INTRODUCTION. 398 I. TITLE IX, ATHLETICS AND CIVIL RIGHTS. 401 A. The Female Athlete Through History. 403 1. The Physiology Factor. 404 2. Rules of Society or of a Chosen Few?. 410 3. Economic Justifications. 413 B. The Evolution of Title IX. 415 C. The Incivility of the Civil Rights Analogy in the Athletic Context. 419 II....; Search Snippet: ...BARRIER BREAKERS v. COMMON SENSE MAKERS THE SERPENTINE STRUGGLE FOR GENDER DIVERSITY IN COLLEGIATE ATHLETICS Darryl C. Wilson [FNaa] Copyright ©... |
1999 |
|
|
| Alan J. Lizotte , Gregory J. Howard , Marvin D. Krohn , Terence P. Thornberry |
Patterns of Illegal Gun Carrying among Young Urban Males |
31 Valparaiso University Law Review 375 (Spring, 1997) |
This paper uses data from the Rochester Youth Development Study, an ongoing panel study of urban youth, to examine the phenomenon of illegal gun carrying among young males. The analysis assesses the magnitude of gun carrying among these subjects and considers the consistency in carrying over the life course of the subjects from about fifteen years...; Search Snippet: ...Guns & Violence PATTERNS OF ILLEGAL GUN CARRYING AMONG YOUNG URBAN MALES Alan J. Lizotte [FNa] Gregory J. Howard [FNaa] Marvin D... |
1999 |
|
|
| David P. Farrington |
Predictors, Causes, and Correlates of Male Youth Violence |
24 Crime and Justice 421 (1998) |
Youth who commit one type of violent offense tend to commit others; they also tend to commit nonviolent offenses and have co-occurring problems such as substance abuse and sexual promiscuity. Violent offenders tend to be frequent or persistent offenders. There is considerable continuity from childhood aggression to youth violence. The major...; Search Snippet: ...and Justice 1998 Youth Violence PREDICTORS, CAUSES, AND CORRELATES OF MALE YOUTH VIOLENCE David P. Farrington [FNa1] Copyright (c) 1998 by... |
1999 |
|
White/Caucasian |
| Elizabeth M. Iglesias , Francisco Valdes |
Religion, Gender, Sexuality, Race and Class in Coalitional Theory: a Critical and Self-critical Analysis of Latcrit Social Justice Agendas |
19 Chicano-Latino Law Review 503 (Spring 1998) |
Introduction. 504 I. Mapping the Power of Faith: The Role of Religion in LatCrit Theory as Anti-Subordination Legal Scholarship. 511 A. Anti-Essentialism, Anti-Subordination (Again). 513 B. Detecting the Bottom. 515 C. Locating LatCrit Analysis in the Material Realities and Historical Antecedents of the Here and Now. 521 D. A Two-Tiered Framework...; Search Snippet: ...LAW REVIEW Chicano-Latino Law Review Spring 1998 Afterword RELIGION, GENDER, SEXUALITY, RACE AND CLASS IN COALITIONAL THEORY: A CRITICAL AND... |
1999 |
Yes |
|
| |
Report of the Working Committees to the Second Circuit Task Force on Gender, Racial and Ethnic Fairness in the Courts |
1997 Annual Survey of American Law 117 (1997) |
BACKGROUND OF THE TASK FORCE. 124 Section I INTRODUCTION. 126 Section II A SOCIAL AND DEMOGRAPHIC PROFILE OF THE SECOND CIRCUIT. 133 A. AN OVERVIEW OF THE SECOND CIRCUIT. 133 1. Facts About the Region: Geography and Population Density. 133 2. Economic Base. 135 3. The Population. 137 B. THE COURTS OF THE SECOND CIRCUIT: WHAT IS THE CASELOAD?. 139...; Search Snippet: ...THE WORKING COMMITTEES TO THE SECOND CIRCUIT TASK FORCE ON GENDER, RACIAL AND ETHNIC FAIRNESS IN THE COURTS Copyright (c) 1997... |
1999 |
|
|
| Christopher W. Deering |
Same-gender Sexual Harassment: a Need to Re-examine the Legal Underpinnings of Title Vii's Ban on Discrimination "Because Of" Sex |
27 Cumberland Law Review 231 (1996-1997) |
C1-3Table of Contents Introduction. 232 I. Sexual Harassment Under Title VII. 235 A. Background. 235 B. Two Theories of Sexual Harassment Liability Under Title VII. 239 1. The Quid Pro Quo Sexual Harassment Claim. 239 2. The Hostile Work Environment Sexual Harassment Claim. 239 II. Same-Gender Sexual Harassment: Inconsistency Under Title VII. 242...; Search Snippet: ...CUMBERLAND LAW REVIEW Cumberland Law Review 1996-1997 Comment SAME- GENDER SEXUAL HARASSMENT: A NEED TO RE-EXAMINE THE LEGAL UNDERPINNINGS... |
1999 |
|
|
| Carrie Peterson |
Separation Anxiety and Boot Camp: Why Basic Training Should Remain Gender-integrated |
17 Law & Inequality: A Journal of Theory and Practice 139 (Winter, 1999) |
Several members of Congress are supporting legislation to separate men and women in basic training in the military for a variety of reasons, including sexual harassment and sexual relations between men and women. The push for such legislation began with several incidents involving multiple fraternization, sexual harassment and rape charges at the...; Search Snippet: ...SEPARATION ANXIETY AND BOOT CAMP: WHY BASIC TRAINING SHOULD REMAIN GENDER-INTEGRATED Carrie Peterson [FNa1] Copyright (c) by the Law and... |
1999 |
|
Multiple Groups |
| Martha I. Morgan |
Taking Machismo to Court: the Gender Jurisprudence of the Colombian Constitutional Court |
30 University of Miami Inter-American Law Review 253 (Winter, 1998) |
We cannot separate ourselves from the law. We are in a state of law. María Cristina Calderón, Director of Legal Services, PROFAMILIA. We want to make sure that people's fundamental rights do not just stay on paper. Carlos Gaviria Díaz, Magistrado and former President of the Colombian Constitutional Court. I. L2-4,T4introduction 255 L1-5 II....; Search Snippet: ...Review Winter, 1998 December, 1998 TAKING MACHISMO TO COURT: THE GENDER JURISPRUDENCE OF THE COLOMBIAN CONSTITUTIONAL COURT Martha I. Morgan [FNa1... |
1999 |
Yes |
|
| Tod Christopher Gurney |
The Aftermath of the Virginia Military Institute Decision: Will Single-gender Education Survive? |
38 Santa Clara Law Review 1183 (1998) |
On June 26, 1996, the United States Supreme Court handed down its decision in United States v. Virginia. In this case, the Court ruled that the Virginia Military Institute's (VMI) male-only admissions policy violated the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. Justice Ginsburg, for the majority, wrote that...; Search Snippet: ...THE AFTERMATH OF THE VIRGINIA MILITARY INSTITUTE DECISION: WILL SINGLE- GENDER EDUCATION SURVIVE? Tod Christopher Gurney Copyright (c) 1998 School of... |
1999 |
Yes |
|
| Jennifer L. Nye |
The Gender Box |
13 Berkeley Women's Law Journal 226 (1998) |
When I was born.the doctor confidently declared, It's a girl. That might haave been the last time anyone was so sure. It is almost impossible to interact with other people without knowing their gender. Indeed, our lives are so highly gendered that gender becomes an invisible assumption which orders our lives. We use the correct bathroom, buy the...; Search Snippet: ...BERKELEY WOMENS LAW JOURNAL Berkeley Women's Law Journal 1998 THE GENDER BOX Jennifer L. Nye [FNd1] Copyright (c) 1998 by Jennifer... |
1999 |
Yes |
|
| Martha Chamallas |
The New Gender Panic: Reflections on Sex Scandals and the Military |
83 Minnesota Law Review 305 (December, 1998) |
The legal regulation of sexual conduct is a precarious enterprise. At times, it appears that laws governing sexual conduct are grossly underenforced. We are used to statistics that tell us that only a small fraction of rapes are reported to police and that relatively few victims of sexual harassment have the temerity to complain about their...; Search Snippet: ...LAW REVIEW Minnesota Law Review December, 1998 Article THE NEW GENDER PANIC: REFLECTIONS ON SEX SCANDALS AND THE MILITARY Martha Chamallas... |
1999 |
Yes |
|
| Taunya Lovell Banks |
Thurgood Marshall, the Race Man, and Gender Equality in the Courts |
18 Virginia Journal of Social Policy and the Law 15 (Fall 2010) |
Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for...; Search Snippet: ...Policy and the Law Fall 2010 THURGOOD MARSHALL, THE RACE MAN, AND GENDER EQUALITY IN THE COURTS Taunya Lovell Banks [FNa1] Copyright ©... |
1999 |
Yes |
African/Black American |
| Bastiaan K. Coebergh |
Constitutional Law |
31 Land and Water Law Review 195 (1996) |
On October 21, 1991, jury selection began in the civil paternity action against J.E.B. The State of Alabama had filed a complaint for paternity and child support on behalf of T.B., alleging that J.E.B. was the father of T.B.'s minor child. The Circuit Court of Jackson County, Alabama assembled a panel of thirty-six potential jurors, twelve males...; Search Snippet: ...Division Casenote CONSTITUTIONAL LAW The United States Supreme Court on Gender-Based Peremptory Jury Challenges - Constitutionally Correct But Out of Touch... |
1998 |
|
|
| Mari J. Matsuda |
Crime and Affirmative Action |
1 Journal of Gender, Race and Justice 309 (Spring 1998) |
Let me begin, as critical race theorists often do, with a story. Earlier this year, in the city of Los Angeles, a three-generation Korean American family moved into a new home. The grandfather from the family left to take his customary evening stroll. Don't go too far, and please come back soon, his daughter requested. As he returned from his...; Search Snippet: ...play out in disproportionate arrest, conviction, and incarceration rates for African American men. Patriarchal ideas about women as objects play out in the... |
1998 |
|
Multiple Groups |
| Elene G. Mountis |
Cultural Relativity and Universalism: Reevaluating Gender Rights in a Multicultural Context |
15 Dickinson Journal of International Law 113 (Fall 1996) |
Those who are bold enough to advance before the age they live in, and to throw off, by the force of their own minds, the prejudices which the maturing reasons on the world will in time disavow, must learn to brave censure. We ought not to be too anxious respecting the opinion of others. Mary Wollstonecraft, (1797) A tension between two analytical...; Search Snippet: ...of International Law Fall 1996 CULTURAL RELATIVITY AND UNIVERSALISM: REEVALUATING GENDER RIGHTS IN A MULTICULTURAL CONTEXT Elene G. Mountis [FNa] Copyright... |
1998 |
|
|
| Sarah Gill |
Dismantling Gender and Race Stereotypes: Using Education to Prevent Date Rape |
7 UCLA Women's Law Journal 27 (Fall-Winter 1996) |
The date rape problem persists, despite rape law reforms. One contributing factor to the law's failure to decrease the incidence of, and increase the reporting and prosecution of date rape, is that gender and race stereotypes are embedded in our societal consciousness. These gender and race stereotypes lead to miscommunication, which is a major...; Search Snippet: ...Women's Law Journal Fall-Winter 1996 December, 1996 Essay DISMANTLING GENDER AND RACE STEREOTYPES: USING EDUCATION TO PREVENT DATE RAPE Sarah... |
1998 |
|
|
| Eric T. Assur |
Disparity in the System |
60-SEP Federal Probation 88 (September, 1996) |
The title of the book is somewhat deceiving. Author Jerry Miller offers readers far more than another discussion on black-white relationships or overrepresentation of minorities in the criminal justice system. I found far more than I anticipated in the wake of Rodney King, O.J. Simpson, and a few media-hyped border clashes with illegal immigrants....; Search Snippet: ...Bookshelf on Review DISPARITY IN THE SYSTEM Search and Destroy: African- American Males in the Criminal Justice System. By Jerome G. Miller. New... |
1998 |
Yes |
|
| Lisa Kelly |
Divining the Deep and Inscrutable: Toward a Gender-neutral, Child-centered Approach to Child Name Change Proceedings |
99 West Virginia Law Review Rev. 1 (Fall 1996) |
I. Introduction. 3 II. The History and Practice of Naming. 7 III. Child Name Change in Historical Perspective: The Law's Conceptualization of the Family Hierarchy. 18 A. The Child of the Marriage, the Child of the Father. 19 1. A History of the Status of the Marital Child in Relation to Her or His Family. 19 2. Naming and the Marital Child,...; Search Snippet: ...Review Fall 1996 DIVINING THE DEEP AND INSCRUTABLE: TOWARD A GENDER-NEUTRAL, CHILD-CENTERED APPROACH TO CHILD NAME CHANGE PROCEEDINGS Lisa... |
1998 |
|
|
| Rebecca L. Berkeley |
Gender Based Affirmative Action: a Journey That Has Only Just Begun |
50 Washington University Journal of Urban and Contemporary Law 353 (Fall 1996) |
When the Court handed down Adarand Constructors, Inc. v. Pena, it made a bold statement by applying the strict scrutiny standard to federal affirmative action programs that use racial or ethnic selections criteria. However, the Court did not discuss the constitutional standard of review for gender-based affirmative action. Presently, lower courts...; Search Snippet: ...Journal of Urban and Contemporary Law Fall 1996 Recent Development GENDER BASED AFFIRMATIVE ACTION: A JOURNEY THAT HAS ONLY JUST BEGUN... |
1998 |
|
|
| Andrew T. Fede |
Gender in the Law of Slavery in the Antebellum United States |
18 Cardozo Law Review 411 (November, 1996) |
In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore, the legal status of slaves differed...; Search Snippet: ...Part II Contribution Private Law and United States Slave Regimes GENDER IN THE LAW OF SLAVERY IN THE ANTEBELLUM UNITED STATES... |
1998 |
|
|
| Celina Romany |
Gender, Race/ethnicity and Language |
9 La Raza Law Journal 49 (Spring, 1996) |
Buenos días. Welcome to the island. Last night, with co-panelist and friend Professor Angel Oquendo, I was discussing the different perspective of Critical Race Theory acquired after having spent a year back in Puerto Rico. This is a homecoming of sorts since many of us, through the alchemy of a three hour plane ride, maintain our professional...; Search Snippet: ...LAW JOURNAL La Raza Law Journal Spring, 1996 Colloquium Proceeding GENDER, RACE/ETHNICITY AND LANGUAGE Celina Romany [FNd1] Copyright (c) 1996... |
1998 |
|
|
| Okianer Christian Dark |
Incorporating Issues of Race, Gender, Class, Sexual Orientation, and Disability into Law School Teaching |
32 Willamette Law Review 541 (Summer 1996) |
I think the lessons I have learned are greater than blackletter law principles. As far as those go, I am not sure that I learned anything new. What I learned has more to do with people and the different values we all have. Since the beginning of my law teaching career, I have raised issues of race, gender, class, sexual orientation, and disability...; Search Snippet: ...REVIEW Willamette Law Review Summer 1996 INCORPORATING ISSUES OF RACE, GENDER, CLASS, SEXUAL ORIENTATION, AND DISABILITY INTO LAW SCHOOL TEACHING Okianer... |
1998 |
Yes |
|
| Amy Farrell , Geoff Ward, Danielle Rousseau |
Intersections of Gender and Race in Federal Sentencing: Examining Court Contexts and the Effects of Representative Court Authorities |
14 Journal of Gender, Race and Justice 85 (Fall 2010) |
Decades of research confirm that women receive less-severe sanctions than men across all phases of the criminal justice system. In fact, leniency toward women has become an almost accepted phenomenon among scholars studying criminal case processing. Sex disparities are particularly evident in the sentencing practices of the federal courts, where...; Search Snippet: ...and the Law Criminal Sentencing Guidelines Conference Articles INTERSECTIONS OF GENDER AND RACE IN FEDERAL SENTENCING: EXAMINING COURT CONTEXTS AND THE... |
1998 |
Yes |
African/Black American |
| David S. Cohen |
Keeping Men "Men" and Women Down: Sex Segregation, Anti-essentialism, and Masculinity |
33 Harvard Journal of Law & Gender 509 (Summer 2010) |
Introduction. 509 I. The Stubborn Persistence of Sex Segregation. 513 II. Gender, Antiessentialism, and Masculinities. 517 A. Gender and Antiessentialism. 517 B. Multiple Masculinities. 521 III. Hegemonic Masculinity. 522 A. Not Feminine. 525 B. Heterosexual. 528 C. Physically Aggressive. 532 IV. The Hegemony of Men. 535 A. The Category of Men ....; Search Snippet: ...GENDER Harvard Journal of Law & Gender Summer 2010 Article KEEPING MEN MEN AND WOMEN DOWN: SEX SEGREGATION, ANTI-ESSENTIALISM, AND MASCULINITY David... |
1998 |
Yes |
African/Black American |
| Alan Tully, University of Texas, Austin |
Kevin Kenny, Peaceable Kingdom Lost: the Paxton Boys and the Destruction of William Penn's Holy Experiment, New York: Oxford University Press, 2009. Pp. 294. $29.95 (Isbn 978-0-19-533150-9) |
28 Law and History Review 547 (May, 2010) |
The Paxton Boys' callous murdering of twenty Conestoga Indians in Lancaster, Pennsylvania, in December 1763 has long been cited as one of the chief examples of Euro-American-perpetrated ethnic cleansing in early America. This violence gained such notoriety because it generated a large amount of print publicity, because Benjamin Franklin's...; Search Snippet: ...2010 Book Review KEVIN KENNY, PEACEABLE KINGDOM LOST: THE PAXTON BOYS AND THE DESTRUCTION OF WILLIAM PENN'S HOLY EXPERIMENT, NEW YORK... |
1998 |
Yes |
African/Black American |
| Barbara Holden-Smith |
Lynching, Federalism, and the Intersection of Race and Gender in the Progressive Era |
8 Yale Journal of Law & Feminism 31 (1996) |
In 1904, a lynch mob of more than 1000 white people burned Luther Holbert, a black Mississippi sharecropper, and his wife to death. A Vicksburg, Mississippi newspaper gave the following eye-witness account of the lynching: [T]he two Negroes were tied to trees and while the funeral pyres were being prepared, they were forced to hold out their...; Search Snippet: ...Feminism 1996 LYNCHING, FEDERALISM, AND THE INTERSECTION OF RACE AND GENDER IN THE PROGRESSIVE ERA Barbara Holden-Smith [FNd1] Copyright ©... |
1998 |
Yes |
|
| Richard Collier |
Masculinities, Law, and Personal Life: Towards a New Framework for Understanding Men, Law, and Gender |
33 Harvard Journal of Law & Gender 431 (Summer 2010) |
I. Introduction. 431 II. Contexts: The Masculinity Turn in Legal Scholarship. 434 A. Men, Masculinities, and Feminist Legal Studies. 435 III. The Critical Study of Men, Masculinities, and Law. 444 A. Background: The Pro-Feminist Study of Masculinities. 444 B. On the Man of Law: Legal Texts, Practices, Experiences, and Policy. 446 C. Law,...; Search Snippet: ...LAW, AND PERSONAL LIFE: TOWARDS A NEW FRAMEWORK FOR UNDERSTANDING MEN, LAW, AND GENDER Richard Collier [FNa1] Copyright (c) 2010 the President and Fellows... |
1998 |
Yes |
African/Black American |
| Mary Jo Kane |
Media Coverage of the Post Title Ix Female Athlete: a Feminist Analysis of Sport, Gender, and Power |
3 Duke Journal of Gender Law & Policy 95 (Spring 1996) |
Sport is one of the most important institutions in American culture. This certainly is demonstrated by the vast resources spent on sport-related enterprises. With respect to discretionary spending alone, billions of dollars are spent annually on the sale of licensed sport products (e.g., baseball caps). In 1992, retail sales of all licensed sport...; Search Snippet: ...POST TITLE IX FEMALE ATHLETE: A FEMINIST ANALYSIS OF SPORT, GENDER, AND POWER Mary Jo Kane [FNa] Copyright (c) 1996 Mary... |
1998 |
|
|
| Anthony Dutra |
Men Come and Go, but Roe Abides: Why Roe V. Wade Will Not Be Overruled |
90 Boston University Law Review 1261 (June, 2010) |
Introduction. 1261 I. The Contours of the Abortion Right. 1264 A. Roe v. Wade: Establishing a Fundamental Abortion Right. 1264 B. Roe v. Wade - The Potemkin Village?. 1268 II. The Supreme Court Will Not Overrule Roe v. Wade. 1273 A. Stare Decisis and Judicial Legitimacy. 1274 B. Reliance. 1280 C. Equal Protection Arguments for Retaining Roe. 1283...; Search Snippet: ...UNIVERSITY LAW REVIEW Boston University Law Review June, 2010 Note MEN COME AND GO, BUT ROE ABIDES: WHY ROE V. WADE... |
1998 |
Yes |
African/Black American |
| Cheryl I. Harris |
Myths of Race and Gender in the Trials of O.j. Simpson and Susan Smith -- Spectacles of Our Times |
35 Washburn Law Journal 225 (Spring 1996) |
Traditionally, the law has been seen as a discipline and method of organizing knowledge and exercising power in which legitimacy and authority are derived, in part, from the law's distance from the roar of the crowd. The law, we are told, prizes objectivity -- not engagement. But in these times, the work of the law is performed not only in the...; Search Snippet: ...Spring 1996 The Foulston & Siefkin Lecture MYTHS OF RACE AND GENDER IN THE TRIALS OF O.J. SIMPSON AND SUSAN SMITH -- SPECTACLES... |
1998 |
|
|
| Danielle Sollars |
Note: Gender Balance in the Judiciary: Why Does it Matter? |
36 William Mitchell Law Review 1721 (2010) |
I. Introduction. 1722 II. Background. 1723 A. The Minnesota Task Force for Gender Fairness in the Courts. 1723 B. Gender Balance on the Eighth Circuit and the Supreme Court. 1725 1. Women (Woman) and the Eighth Circuit Court of Appeals. 1725 2. Women and the United States Supreme Court. 1728 III. Do Men and Women Decide Cases Differently?. 1729 A....; Search Snippet: ...the Courts Student Writing Competition Winner: Courtroom Environment Category NOTE: GENDER BALANCE IN THE JUDICIARY: WHY DOES IT MATTER? Danielle Sollars... |
1998 |
Yes |
African/Black American |
| Floyd D. Weatherspoon |
Remedying Employment Discrimination Against African-american Males: Stereotypical Biases Engender a Case of Race plus Sex Discrimination |
36 Washburn Law Journal 23 (Fall 1996) |
I. Introduction. 24 II. Stereotypical Biases Adversely Impact the Employment of African-American Males. 27 A. Why Are African-American Males Unemployed or Underemployed?. 28 B. Negative Stereotypical Biases Against African-American Males. 33 C. Impact on Employment Decisions. 37 III. Enforcement and Theories of Employment Discrimination Laws. 41 A....; Search Snippet: ...JOURNAL Washburn Law Journal Fall 1996 REMEDYING EMPLOYMENT DISCRIMINATION AGAINST AFRICAN- AMERICAN MALES: STEREOTYPICAL BIASES ENGENDER A CASE OF RACE PLUS SEX DISCRIMINATION... |
1998 |
Yes |
|
| Brian L. Porto |
The More Things Change, the More They Stay the Same: Title Ix and the Battle for Gender Equity in College Sports |
41-DEC Res Gestae 26 (November, 1997) |
Editor's Note: Brian L. Porto, Bethel, Vt., is the second-place recipient of the 1997 Harrison Legal Writing Award. Established in 1996 by the ISBA Written Publications Committee, the Harrison Legal Writing Award commemorates the first president of the Indiana State Bar Association, former U.S. President Benjamin Harrison. Plaques and cash prizes...; Search Snippet: ...THEY STAY THE SAME: TITLE IX AND THE BATTLE FOR GENDER EQUITY IN COLLEGE SPORTS Brian L. Porto [FNa1] Copyright ©... |
1998 |
Yes |
|
| Terry S. Kogan |
Transsexuals and Critical Gender Theory: the Possibility of a Restroom Labeled "Other" |
48 Hastings Law Journal 1223 (August, 1997) |
The voices of transsexuals have been ignored in our country and, accordingly, few social and legal institutions have developed to support the unique needs of this minority. Yet one group of feminist theorists who might be expected to ally with transsexuals in their struggle for recognitionscholars I will refer to as critical gender theorists...; Search Snippet: ...of Race, Ethnicity, Class, Gender & Sexual Orientation TRANSSEXUALS AND CRITICAL GENDER THEORY: THE POSSIBILITY OF A RESTROOM LABELED OTHER Terry S... |
1998 |
Yes |
|
| Elizabeth A. Douglas |
United States V. Virginia: Gender Scrutiny under an "Exceedingly Persuasive Justification" Standard |
26 Capital University Law Review 173 (1997) |
It was more than a century after the Fourteenth Amendment was ratified before the United States Supreme Court, in Reed v. Reed, first recognized that a state's gender-based classifications require some form of heightened scrutiny to comport with the Equal Protection Clause. Shortly after Reed, the Court announced that such classifications must...; Search Snippet: ...Capital University Law Review 1997 Note UNITED STATES V. VIRGINIA: GENDER SCRUTINY UNDER AN EXCEEDINGLY PERSUASIVE JUSTIFICATION STANDARD Elizabeth A. Douglas... |
1998 |
Yes |
|
| Whitney Kelly |
United States V. Virginia: the United States Supreme Court Rules That the Virginia Military Institute's Male-only Admissions Policy Violates the Equal Protection Clause of the Constitution |
71 Tulane Law Review 1375 (March, 1997) |
Throughout its 150-year history, the Virginia Military Institute (VMI) closed its doors to women. Of the fifteen public colleges and universities in Virginia, VMI was the only such school to remain single-sex. VMI is also unique because it is the only Virginia public school of higher learning to be run on an adversative model--in an effort to...; Search Snippet: ...UNITED STATES SUPREME COURT RULES THAT THE VIRGINIA MILITARY INSTITUTE'S MALE-ONLY ADMISSIONS POLICY VIOLATES THE EQUAL PROTECTION CLAUSE OF THE... |
1998 |
Yes |
|
| Linda L. Peter |
What Remains of Public Choice and Parental Rights: Does the Vmi Decision Preclude Exclusive Schools or Classes Based on Gender? |
33 California Western Law Review 249 (Spring 1997) |
On June 26, 1996, the U.S. Supreme Court ruled that the Virginia Military Academy (VMI) violated the equal protection clause of the Fourteenth Amendment because it was a state-supported institution with a male-only admissions policy. In a 7-1 decision (Justice Thomas recused himself from the case), the Court held that the state failed to...; Search Snippet: ...THE VMI DECISION PRECLUDE EXCLUSIVE SCHOOLS OR CLASSES BASED ON GENDER? Linda L. Peter [FNa] Copyright (c) 1997 California Western School... |
1998 |
Yes |
|
| Jean Montoya |
What's So Magic[al] about Black Women? Peremptory Challenges at the Intersection of Race and Gender |
3 Michigan Journal of Gender & Law 369 (1996) |
This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the...; Search Snippet: ...WOMEN? [FNd1] PEREMPTORY CHALLENGES AT THE INTERSECTION OF RACE AND GENDER Jean Montoya [FNa1] Copyright (c) 1996 by the University of... |
1998 |
Yes |
|
| Nancy S. Marder |
Beyond Gender: Peremptory Challenges and the Roles of the Jury |
73 Texas Law Review 1041 (April, 1995) |
Should any peremptory challenges be allowed now that peremptories are no longer permitted on the basis of race or gender? Professor Nancy Marder argues that the answer should depend on whether peremptory challenges help or hinder the jury in the performance of its various roles. One of the jury's roles is to make public value decisions;...; Search Snippet: ...362894 TEXAS LAW REVIEW Texas Law Review April, 1995 BEYOND GENDER: PEREMPTORY CHALLENGES AND THE ROLES OF THE JURY Nancy S... |
1997 |
|
|
| Ruth Colker |
Bi: Race, Sexual Orientation, Gender, and Disability |
56 Ohio State Law Journal L.J. 1 (1995) |
[W]hat is there about a continuum that is unsatisfying? frightening? Why must lifeand webe seen in either black or white, with no shades in between? The category which most closely reflects the individual's recognition in his community should be used for purposes of reporting on persons who are of mixed racial and/or ethnic origins. In this...; Search Snippet: ...JOURNAL Ohio State Law Journal 1995 BI: RACE, SEXUAL ORIENTATION, GENDER, AND DISABILITY Ruth Colker [FNa1] Copyright (c) 1995 by The... |
1997 |
|
|
| Scott G. Thompson |
Big, Bad, Black and Gay? Overcoming the Shackles of the Socially Constructed Black Masculine |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 297 (Fall, 2009) |
President Barack Obama's success in the 2008 election is one of America's historymaking and history-defying moments. Certainly there are many explanations for why President Obama did so well and how he garnered support from so many Americans with such divergent backgrounds. One partial explanation for Obama's success may be found in his ability to...; Search Snippet: ...AND GAY? OVERCOMING THE SHACKLES OF THE SOCIALLY CONSTRUCTED BLACK MASCULINE Scott G. Thompson [FNa1] Copyright © 2009 by Scott G. Thompson... |
1997 |
Yes |
African/Black American |
| Frank S. Ravitch |
Contextualizing Gender Harassment: Providing an Analytical Framework for an Emerging Concept in Discrimination Law |
1995 Detroit College of Law at Michigan State University Law Review 853 (Fall, 1995) |
C1-3TABLE OF CONTENTS INTRODUCTION 853 I. UNDERSTANDING GENDER HARASSMENT 861 II. CAUSES OF ACTION FOR WORKPLACE HARASSMENT RECOGNIZED UNDER TITLE VII 864 A. Hostile Work Environment 864 B. Quid Pro Quo 871 III. ANALYZING GENDER HARASSMENT CLAIMS 872 A. Placing Gender Harassment in the Appropriate Context 872 B. Comparing Gender Harassment With...; Search Snippet: ...Law at Michigan State University Law Review Fall, 1995 CONTEXTUALIZING GENDER HARASSMENT: PROVIDING AN ANALYTICAL FRAMEWORK FOR AN EMERGING CONCEPT IN... |
1997 |
|
|
| Brian E. Leach |
Extending Batson V. Kentucky to Gender and Beyond: the Death Knell for the Peremptory Challenge? |
19 Southern Illinois University Law Journal 381 (Winter, 1995) |
Historically, attorneys have had absolute discretion when exercising their peremptory challenges. In 1986, the Supreme Court of the United States limited the unrestrained nature of peremptories when it held that prosecutors may not exercise peremptory challenges based solely on the race of a prospective juror in Batson v. Kentucky. Subsequently,...; Search Snippet: ...Law Journal Winter, 1995 Comment EXTENDING BATSON v. KENTUCKY TO GENDER AND BEYOND: THE DEATH KNELL FOR THE PEREMPTORY CHALLENGE? Brian... |
1997 |
|
|
| Beth A. Deverman |
Fourteenth Amendment--equal Protection: the Supreme Court's Prohibition of Gender-based Peremptory Challenges |
85 Journal of Criminal Law and Criminology 1028 (Spring, 1995) |
In J.E.B. v. Alabama, the United States Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits the exercise of peremptory challenges based solely on the gender of a potential juror. The Court applied a heightened scrutiny test, the traditional equal protection analysis prescribed...; Search Snippet: ...Review FOURTEENTH AMENDMENT--EQUAL PROTECTION: THE SUPREME COURT'S PROHIBITION OF GENDER-BASED PEREMPTORY CHALLENGES J.E.B. v. Alabama, 114 S. Ct. 1419... |
1997 |
|
|
| Pam Frasher |
Fulfilling Batson and its Progeny: a Proposed Amendment to Rule 24 of the Federal Rules of Criminal Procedure to Attain a More Race- and Gender-neutral Jury Selection Process |
80 Iowa Law Review 1327 (July, 1995) |
Courts traditionally have exalted the peremptory challenge system as fundamental to achieving a fair trial by jury. The peremptory challenge system allows parties to eliminate persons from the venire whom they believe are incompetent or biased. In addition to helping litigants secure an unbiased jury, the peremptory challenge system gives the...; Search Snippet: ...RULES OF CRIMINAL PROCEDURE TO ATTAIN A MORE RACE- AND GENDER-NEUTRAL JURY SELECTION PROCESS Pam Frasher [FNa1] Copyright (c) 1995... |
1997 |
|
|