Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
David S. Cohen |
No Boy Left Behind? Single-sex Education and the Essentialist Myth of Masculinity |
84 Indiana Law Journal 135 (Winter, 2009) |
Introduction. 135 I. Anti-Essentialism and Masculinities. 141 II. The Federal Law of Single-Sex Education. 145 A. The Constitution and Single-Sex Education. 145 B. Title IX and Single-Sex Education. 148 III. The Narrative of Essentialized Masculinity. 151 A. Methodology. 152 B. Essentialized Masculinity in the Context of Single-Sex Education. 153...; Search Snippet: ...INDIANA LAW JOURNAL Indiana Law Journal Winter, 2009 Articles NO BOY LEFT BEHIND? [FNd1] SINGLE-SEX EDUCATION AND THE ESSENTIALIST MYTH... |
1996 |
Yes |
African/Black American |
Steven Bennett Weisburd , Brian Levin |
On the Basis of Sex: Recognizing Gender-based Bias Crimes |
5 Stanford Law and Policy Review 21 (Spring, 1994) |
Well, maybe the Wisconsin legislature thought that there weren't any misogynists in Wisconsin. --Chief Justice William Rehnquist (question at oral argument in Wisconsin v. Mitchell regarding counsel's argument that Wisconsin's bias crime law was under-inclusive because it failed to include gender). Until women as a class have the same protection...; Search Snippet: ...Spring, 1994 Gender Symposium ON THE BASIS OF SEX: RECOGNIZING GENDER-BASED BIAS CRIMES Steven Bennett Weisburd [FNa] Brian Levin [Fnb... |
1996 |
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Judge Arthur L. Burnett, Sr. |
Permeation of Race, National Origin and Gender Issues from Initial Law Enforcement Contact Through Sentencing: the Need for Sensitivity, Equalitarianism and Vigilance in the Criminal Justice System |
31 American Criminal Law Review 1153 (Summer, 1994) |
This article takes a close look at the actual operation of the entire criminal justice system with reference to issues of racism, national origin and gender bias, from the initial police or law enforcement contact with the individual through the final process of sentencing the guilty offender. What is the remedy when, in the exercise of police...; Search Snippet: ...Review Summer, 1994 Symposium PERMEATION OF RACE, NATIONAL ORIGIN AND GENDER ISSUES FROM INITIAL LAW ENFORCEMENT CONTACT THROUGH SENTENCING: THE NEED... |
1996 |
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Catharine A. MacKinnon |
Prostitution and Civil Rights |
1 Michigan Journal of Gender & Law 13 (1993) |
The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women. To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them. Women in prostitution are denied every imaginable civil right in every...; Search Snippet: ...serial murders of women in Los Angeles, the eleven dead African- American women who had been in prostitution and were found under piles of rags in Detroitthese acts are gender cleansing. Snuff films are part of it. When killing women... |
1996 |
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Francisco Valdes |
Queers, Sissies, Dykes, and Tomboys: Deconstructing the Conflation of "Sex," "Gender," and "Sexual Orientation" in Euro-american Law and Society |
83 California Law Review Rev. 1 (1/1/1995) |
Foreword Notes on The Conflation'. 11 I. The Conflation as Triangle. 12 II. The Conflation, Language & Common (Mis)Understandings. 20 III. The Conflation & the Law. 23 IV. The Conflation, This Project & Legal Theory. 28 Chapter One Modern Culture: Codification & Internalization. 36 I. The Conflation of Sex, Gender & Sexual Orientation. 36 II....; Search Snippet: ...QUEERS, SISSIES, DYKES, AND TOMBOYS: DECONSTRUCTING THE CONFLATION OF SEX, GENDER, AND SEXUAL ORIENTATION IN EURO-AMERICAN LAW AND SOCIETY Francisco... |
1996 |
Yes |
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Martha Chamallas |
Questioning the Use of Race-specific and Gender-specific Economic Data in Tort Litigation: a Constitutional Argument |
63 Fordham Law Review 73 (October, 1994) |
TORT law, like virtually every other legal subject, has increasingly come under scrutiny by scholars seeking to uncover hidden biases based on race, gender and other important dimensions of personal identity. In law reviews and in final reports of gender and race bias task forces, questions have been raised about the basic equity of legal standards...; Search Snippet: ...And The Law QUESTIONING THE USE OF RACE-SPECIFIC AND GENDER-SPECIFIC ECONOMIC DATA IN TORT LITIGATION: A CONSTITUTIONAL ARGUMENT Martha... |
1996 |
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Samara F. Swanston |
Race, Gender, Age, and Disproportionate Impact: What Can We Do about the Failure to Protect the Most Vulnerable? |
21 Fordham Urban Law Journal 577 (Spring 1994) |
Hard economic times and social conditions are driving a reordering of environmental protection priorities that threatens to sacrifice the most vulnerable groups. Environmental regulatory agencies acknowledge that vulnerable populations face the greatest risk of harm from environmental insult and that these groups are not adequately protected....; Search Snippet: ...URBAN LAW JOURNAL Fordham Urban Law Journal Spring 1994 RACE, GENDER, AGE, AND DISPROPORTIONATE IMPACT: WHAT CAN WE DO ABOUT THE... |
1996 |
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Elizabeth A. Pendo |
Recognizing Violence Against Women: Gender and the Hate Crimes Statistics Act |
17 Harvard Women's Law Journal 157 (Spring, 1994) |
Two million acts of rape were committed against women in 1991. A report on hate crime issued by the Federal Bureau of Investigation pursuant to the Hate Crimes Statistics Act of 1991 stated that only seven of these attacks were motivated by hate. The United States Congress defined violence aimed at people because of their race, religion, sexual...; Search Snippet: ...Law Journal Spring, 1994 Recent Development RECOGNIZING VIOLENCE AGAINST WOMEN: GENDER AND THE HATE CRIMES STATISTICS ACT Elizabeth A. Pendo [Fna... |
1996 |
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Joan C. Williams |
Reconstructive Feminism: Changing the Way We Talk about Gender and Work Thirty Years after the Pda |
21 Yale Journal of Law & Feminism 79 (2009) |
ABSTRACT: This Article seeks to challenge and change the way that we talk about gender--ways that make it difficult to progress on the work/family front. In the thirty years since the Pregnancy Discrimination Act (PDA) was passed in 1979, while the roles of men and women have changed dramatically, the American workplace has changed only...; Search Snippet: ...Symposium Article RECONSTRUCTIVE FEMINISM: CHANGING THE WAY WE TALK ABOUT GENDER AND WORK THIRTY YEARS AFTER THE PDA Joan C. Williams... |
1996 |
Yes |
African/Black American |
Kingsley R. Browne |
Sex and Temperament in Modern Society: a Darwinian View of the Glass Ceiling and the Gender Gap |
37 Arizona Law Review 971 (1995) |
I. Introduction. 973 II. Sex Differences and Evolutionary Theory. 985 A. Natural Selection and Evolutionary Psychology. 985 B. Evolution of Temperamental Sex Differences. 990 C. Evidence of Differential Reproductive Strategies in Our Evolutionary Past. 1000 D. Evidence for the Continued Existence of the Evolved Psychological Mechanism. 1006 III....; Search Snippet: ...SOCIETY: A DARWINIAN VIEW OF THE GLASS CEILING AND THE GENDER GAP Kingsley R. Browne [FNa1] Copyright (c) 1995 by the... |
1996 |
Yes |
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Nicholas J. Johnson |
Shots Across No Man's Land: a Response to Handgun Control, Inc.'S, Richard Aborn |
22 Fordham Urban Law Journal 441 (Winter, 1995) |
Mr. Aborn's essay, The Battle Over the Brady Bill and the Future of Gun Control Advocacy, reflects the wide chasm separating gun owners and the anti-gun lobby. Some of the reasons are not immediately obvious. I will try to illuminate a few of them here. As his essay reflects, Mr. Aborn's organization, Handgun Control, Inc., is one of the primary...; Search Snippet: ...Fordham Urban Law Journal Winter, 1995 Essay SHOTS ACROSS NO MAN'S LAND: A RESPONSE TO HANDGUN CONTROL, INC.'S, RICHARD ABORN Nicholas... |
1996 |
Yes |
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Elaine Golin |
Solving the Problem of Gender and Racial Bias in Administrative Adjudication |
95 Columbia Law Review 1532 (10/1/1995) |
Administrative Law Judges (ALJs) preside over hundreds of thousands of adjudications every year and their decisions affect the lives of millions of Americans. As the decisionmakers in the on-the-record hearings of federal administrative agencies, ALJs play an important role in overseeing the enforcement of federal law and the distribution of...; Search Snippet: ...Columbia Law Review October 1995 Note SOLVING THE PROBLEM OF GENDER AND RACIAL BIAS IN ADMINISTRATIVE ADJUDICATION Elaine Golin Copyright ©... |
1996 |
Yes |
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Trlica Cosby |
Strictly Speaking: Viewing J.e.b. V. Alabama ex Rel. T.b. as Sub Silentio Application of Strict Scrutiny to Gender-based Classifications |
32 Houston Law Review 869 (Fall 1995) |
I. Introduction. 869 II. Recitation. 872 III. Analysis. 877 A. Background: Method and Procedure of Jury Selection. 877 B. The Development of a Standard of Review for Gender Classifications. 879 C. Laying a Foundation for Strict Scrutiny. 884 D. Reconciling Taylor v. Louisiana with the J.E.B. Decision. 888 IV. Future Effects on Peremptory...; Search Snippet: ...REL. T.B. AS SUB SILENTIO APPLICATION OF STRICT SCRUTINY TO GENDER-BASED CLASSIFICATIONS [FNa1] Trlica Cosby Copyright (c) 1995 Houston Law... |
1996 |
Yes |
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Peter Michael Collins |
Taking Batson One Giant Step Further: the Court Prohibits Gender-based Peremptory Challenges in J.e.b. V. Alabama ex Rel. T.b. |
44 Catholic University Law Review 935 (Spring 1995) |
The United States Constitution grants to every criminal defendant accused of serious crimes the right to a jury trial, and preserves for every civil litigant the right to a jury trial where it existed at common law. The jury selection process is a complex mechanism designed to ensure that those selected will be fair and impartial decision-makers....; Search Snippet: ...Note TAKING BATSON ONE GIANT STEP FURTHER: THE COURT PROHIBITS GENDER-BASED PEREMPTORY CHALLENGES IN J.E.B. v. ALABAMA EX REL. T.B... |
1996 |
Yes |
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Floyd D. Weatherspoon |
The Devastating Impact of the Justice System on the Status of African-american Males: an Overview Perspective |
23 Capital University Law Review 23 (1994) |
C1-3Table of Contents L1-2Introduction 24. I. Stereotypical Biases Against African-American Males. 28 II. Criminal Justice System. 30 A. Selective Enforcement. 30 B. Incarceration of African-American Males. 35 C. Racial Disparities in Sentencing. 38 D. Racial Disparities in Prosecutorial Decisions. 42 E. Law Enforcement and Police Brutality--The...; Search Snippet: ...DEVASTATING IMPACT OF THE JUSTICE SYSTEM ON THE STATUS OF AFRICAN- AMERICAN MALES: AN OVERVIEW PERSPECTIVE Floyd D. Weatherspoon [FNa1] Copyright (c) 1994... |
1996 |
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Kevin D. Brown |
The Dilemma of Legal Discourse for Public Educational Responses to the "Crisis" Facing African-american Males |
23 Capital University Law Review 63 (1994) |
C1-3Table of Contents L1-2Introduction 64. I. Legal Discourse and the Intersection of Race, Gender and Public Education. 67 II. The Individualist Framework. 71 A. Conceptual Structure. 71 1. View of the knowing individual. 71 2. Emancipatory role of this framework. 72 3. Role of government. 74 B. The Constitutional Historical Development. 75 1....; Search Snippet: ...LEGAL DISCOURSE FOR PUBLIC EDUCATIONAL RESPONSES TO THE CRISIS FACING AFRICAN- AMERICAN MALES Kevin D. Brown [FNa1] Copyright (c) 1994 by the Capital... |
1996 |
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Tammy B. Grubb |
The Functional Effect of Eliminating Gender Bias in Jury Selection: a Critique and Analysis of J.e.b. V. Alabama |
48 Oklahoma Law Review 173 (Spring, 1995) |
The two sexes are not fungible; a community made up exclusively of one is different from a community composed of both; the subtle interplay of influence one on the other is among the imponderables. To insulate the courtroom from either may not in a given case make an iota of difference. Yet a flavor, a distinct quality is lost if either sex is...; Search Snippet: ...Law Review Spring, 1995 Note THE FUNCTIONAL EFFECT OF ELIMINATING GENDER BIAS IN JURY SELECTION: A CRITIQUE AND ANALYSIS OF J.E.B... |
1996 |
Yes |
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Jordan Herman |
The Fusion of Gay Rights and Feminism: Gender Identity and Marriage after Baehr V. Lewin |
56 Ohio State Law Journal 985 (1995) |
Then you should say what you mean, the March Hare went on. I do, Alice hastily replied; at least--at least I mean what I say-- that's the same thing, you know. Looking back on judicial decisions, we are nonplussed. An unexpected opinion becomes explicable after it occurs. And, after it occurs, its significance and meaning change. The opinion...; Search Snippet: ...1995 Case Comment THE FUSION OF GAY RIGHTS AND FEMINISM: GENDER IDENTITY AND MARRIAGE AFTER BAEHR V. LEWIN Jordan Herman Copyright... |
1996 |
Yes |
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Sandra Farrington-Domingue |
The Intersection of Race and Gender and its Effects in the Workplace |
5 Southern California Review of Law and Women's Studies 187 (Fall 1995) |
The workplace that I am most familiar with is the city of Los Angeles. I have been an employee of the city for more than twenty years, as a Building Mechanical Inspector and, since July 1993, as a staff member for Councilmember Jackie Goldberg. Presently, the city government is comprised of approximately forty-two departments. Of these forty-two...; Search Snippet: ...Gender and Sexual Oreintation: Comment THE INTERSECTION OF RACE AND GENDER AND ITS EFFECTS IN THE WORKPLACE Sandra Farrington-Domingue [Fna... |
1996 |
Yes |
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John R. Quinn |
The Lost Language of the Irishgaymale: Textualization in Ireland's Law and Literature (Or the Most Hidden Ireland ) |
26 Columbia Human Rights Law Review 553 (Spring 1995) |
Introduction. 555 I. Theoretical Considerations. 566 A. Constructionism v. Essentialism. 566 B. Elaine Showalter's Model of Muted Group Discourse. 579 C. The Gaymale. 584 D. The Irishmale. 593 E. The Irishgaymale. 600 II. The Substantive Textualization of the Irishgaymale: Law. 605 A. The Sodomy and Gross Indecency Statutes. 606 B. The Norris...; Search Snippet: ...Madden-Simpson applies the term to female writers in Ireland's male-dominated critical tradition in Anglo Irish Literature: The Received Tradition... |
1996 |
Yes |
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D. Aaron Lacy |
The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males |
86 Nebraska Law Review 552 (2008) |
I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an...; Search Snippet: ...THE MOST ENDANGERED TITLE VII PLAINTIFF?: EXPONENTIAL DISCRIMINATION AGAINST BLACK MALES D. Aaron Lacy [FNa1] Copyright (c) 2008 University of Nebraska... |
1996 |
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African/Black American |
Anita L. Allen |
The Proposed Equal Protection Fix for Abortion Law: Reflections on Citizenship, Gender, and the Constitution |
18 Harvard Journal of Law & Public Policy 419 (Spring, 1995) |
I. Introduction . 419 II. Second-class Citizenship . 424 A. The Consititution on Gender . 424 B. The Meaning of American Citizenship . 426 C. Life Before Privacy and Equality: An Example . 428 D. The Trivialization of Citizenship . 431 E. German Citizenship and Abortion Rights . 433 III. Equal Protection for Equal Citizenship . 435 A. An Equal...; Search Snippet: ...PROPOSED EQUAL PROTECTION FIX FOR ABORTION LAW: REFLECTIONS ON CITIZENSHIP, GENDER, AND THE CONSTITUTION Anita L. Allen [FNa] Copyright (c) 1995... |
1996 |
Yes |
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Patrick J. Guinee |
The Trend Toward the Extension of Batson to Gender-based Peremptory Challenges |
32 Duquesne Law Review 833 (Summer 1994) |
Since the Supreme Court decided Batson v. Kentucky in 1986, the extent of the limitations placed upon the use of peremptory challenges has been questioned in various state and federal court decisions. The purpose of this comment is to provide an overview of one particular aspect of the limitation on peremptory challenges: Should the holding in...; Search Snippet: ...1994 Comment THE TREND TOWARD THE EXTENSION OF BATSON TO GENDER-BASED PEREMPTORY CHALLENGES Patrick J. Guinee Copyright (c) 1994 by... |
1996 |
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Joseph D. Kuborn |
The Unconstitutionality of Gender Based Peremptory Challenges |
78 Marquette Law Review 1069 (Summer, 1995) |
Peremptory challenges by definition permit both the plaintiff and the defendant to strike a limited number of potential jury members without stating a reason. These challenges, which allow the striking party to remain silent on the reasons behind the strike, provide a potential platform for unconstitutional discrimination in the jury selection...; Search Snippet: ...REVIEW Marquette Law Review Summer, 1995 Note THE UNCONSTITUTIONALITY OF GENDER BASED PEREMPTORY CHALLENGES THE UNITED STATES SUPREME COURT'S REVIEW OF... |
1996 |
Yes |
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Matthew L. Daniel |
Title Ix and Gender Equity in College Athletics: How Honesty Might Avert a Crisis |
1995 Annual Survey of American Law 255 (1995) |
There is a crisis threatening the future of college sports in America. And the unfortunate truth is that this crisis has emerged from the solution to the gender equity problem confronting institutions of higher education. After decades of inequities against women in educational fora, Congress, through the 1972 Educational Amendments (commonly...; Search Snippet: ...Survey of American Law 1995 Title IX TITLE IX AND GENDER EQUITY IN COLLEGE ATHLETICS: HOW HONESTY MIGHT AVERT A CRISIS... |
1996 |
Yes |
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Leslie Pearlman |
Transsexualism as Metaphor: the Collision of Sex and Gender |
43 Buffalo Law Review 835 (Winter 1995) |
[W]e [transsexuals] and the professionals should stress that there are many sexes and genders, and try to change the legal and popular view of sex from a dichotomy to a continuum . . . to have sex reassignment as acceptable as moving from New York to Los Angeles. I've been treated so bad as a drag queen. If I get a pussy, I'll be treated fabulous....; Search Snippet: ...1995 Comment TRANSSEXUALISM AS METAPHOR: THE COLLISION OF SEX AND GENDER Leslie Pearlman [FNd] Copyright (c) 1995 Buffalo Law Review; Leslie... |
1996 |
Yes |
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Linda J. Lacey |
We Have Nothing to Fear but Gender Stereotypes: of Katie and Amy and "Babe Feminism" |
80 Cornell Law Review 612 (March, 1995) |
(Girls' Chorus) Tell me more, tell me more. Was it love at first sight? (Boys' Chorus) Tell me more, tell me more. Did she put up a fight? . . . (Girls' Chorus) He got friendly, holding my hand. (Boys' Chorus) She got friendly, down in the sand. In The Morning After: Sex, Fear, and Feminism on Campus, Katie Roiphe claims that feminists have gone...; Search Snippet: ...March, 1995 Book Review WE HAVE NOTHING TO FEAR BUT GENDER STEREOTYPES: OF KATIE AND AMY AND BABE FEMINISM The Morning... |
1996 |
Yes |
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Frank Rudy Cooper |
Who's the Man?: Masculinities Studies, Terry Stops, and Police Training |
18 Columbia Journal of Gender and Law 671 (2009) |
We men have some strange rituals. One occurs on the basketball court. A player will make a move around a defender and score a basket. Then he'll shout, who's the man? He wants his opponent to say, You are the man. This episode is a paradigmatic description of how masculinities work. Men often act with the goal of impressing other men. We gain...; Search Snippet: ...LAW Columbia Journal of Gender and Law 2009 WHO'S THE MAN?: MASCULINITIES STUDIES, TERRY STOPS, AND POLICE TRAINING Frank Rudy Cooper... |
1996 |
Yes |
African/Black American |
C.J. Griffin |
Workplace Restroom Policies in Light of New Jersey's Gender Identity Protection |
61 Rutgers Law Review 409 (Winter 2009) |
Always use the one that says WHITES ONLY, as she pointed to the sign on the water fountain. . . . The same went for restrooms, except it was even more confusing: aside from whether or not the sign read WHITE or COLORED, I had to make sure it read LADIES' instead of MEN. It seemed like an awful lot to keep up with, when all I wanted was a...; Search Snippet: ...2009 Notes WORKPLACE RESTROOM POLICIES IN LIGHT OF NEW JERSEY'S GENDER IDENTITY PROTECTION C.J. Griffin [FNa1] Copyright (c) 2009 Rutgers University... |
1996 |
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African/Black American |
Victoria Nourse |
After the Reasonable Man: Getting over the Subjectivity/objectivity Question |
11 New Criminal Law Review 33 (Winter, 2008) |
This article challenges the conventional notion of the reasonable man. It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the...; Search Snippet: ...on the Reasonable Person in Criminal Law AFTER THE REASONABLE MAN: GETTING OVER THE SUBJECTIVITY/OBJECTIVITY QUESTION Victoria Nourse [FNa1] Copyright... |
1995 |
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African/Black American |
Ruth Colker |
An Equal Protection Analysis of United States Reproductive Health Policy: Gender, Race, Age, and Class |
1991 Duke Law Journal 324 (April, 1991) |
The purpose of this Essay is to bring an anti-essentialist and reproductive health perspective to the public policy debate concerning pregnancy-related regulations, including, but not limited to, abortion regulations. It will attempt to create a gender-based equal protection framework that is attentive to the ways in which U.S. reproductive...; Search Snippet: ...AN EQUAL PROTECTION ANALYSIS OF UNITED STATES REPRODUCTIVE HEALTH POLICY: GENDER, RACE, AGE, AND CLASS Ruth Colker [FNa] Copyright 1991 by... |
1995 |
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Beyond Batson: Eliminating Gender-based Peremptory Challenges |
105 Harvard Law Review 1920 (June, 1992) |
A fundamental tenet of jury selection is that j ury competence is an individual rather than a group or class matter. In jury selection, attorneys should make assessments of each prospective juror's competence and impartiality. For this reason, challenges for cause require a showing that a particular prospective juror is biased. In contrast,...; Search Snippet: ...REVIEW Harvard Law Review June, 1992 Note BEYOND BATSON: ELIMINATING GENDER-BASED PEREMPTORY CHALLENGES Copyright (c) 1992 by the Harvard Law... |
1995 |
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Edward Crane |
COMMONWEALTH v. KAREN K., 491 MASS. 165 (2023) |
104 Massachusetts Law Review 111 (May, 2024) |
Reasonable doubt is often considered to be the most important legal standard in our criminal justice system. Though notoriously difficult to define, the standard is well known by both lawyers and lay people. The prominence of the standard is reflected in popular culture, as it has served as the title for a classic hip-hop album by Jay-Z as well as... |
1995 |
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Ingrid Eagly , Steven Shafer |
DETAINED IMMIGRATION COURTS |
110 Virginia Law Review 691 (May, 2024) |
This Article traces the modern development and institutional design of detained immigration courts--that is, the courts that tie detention to deportation. Since the early 1980s, judges in detained immigration courts have presided over more than 3.6 million court cases of persons held in immigration custody, almost all men from Latin America, most... |
1995 |
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Margaret Walker Alexander |
Discovering Our Connections: Race, Gender, and the Law |
1 American University Journal of Gender & the Law ix (Spring, 1993) |
The great American poet, Walt Whitman wrote: I feel I am of them-- I belong to those convicts and prostitutes myself-- And henceforth I will not deny them-- For how can I deny myself? In these United States of America justice is tempered by money and power. Ever since the Constitution was framed more than two hundred years ago the power structure...; Search Snippet: ...the Law Spring, 1993 Keynote Address DISCOVERING OUR CONNECTIONS: RACE, GENDER, AND THE LAW Margaret Walker Alexander [FNa] Copyright (c) 1993... |
1995 |
Yes |
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Jere W. Morehead |
Exploring the Frontiers of Batson V. Kentucky: Should the Safeguards of Equal Protection Extend to Gender? |
14 American Journal of Trial Advocacy 289 (Fall, 1990) |
The petit jury has occupied a central position in our system of justice by safeguarding a person accused of crime against the arbitrary exercise of power by prosecutor or judge. During the five years since the Supreme Court's decision in Batson v. Kentucky, lower courts have struggled with a burgeoning list of questions regarding the proper use of...; Search Snippet: ...v. KENTUCKY: SHOULD THE SAFEGUARDS OF EQUAL PROTECTION EXTEND TO GENDER? Jere W. Morehead [FNa] Copyright 1991 by the American Journal... |
1995 |
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Thomas S. McGuire |
First Amendment--free Speech--first Amendment Prohibits Hate Crime Laws That Punish Only Fighting Words Based on Racial, Religious or Gender Animus--r.a.v. V. City of St. Paul, 112 S. Ct. 2538 (1992). |
23 Seton Hall Law Review 1067 (1993) |
Responding to a significant increase in reported crimes motivated by racism and other bias, many legislatures and public universities have enacted anti-hate laws and speech codes proscribing bias-motivated violence and intimidation. Many of these enactments raise serious First Amendment concerns because they attempt to regulate speech and...; Search Snippet: ...THAT PUNISH ONLY FIGHTING WORDS BASED ON RACIAL, RELIGIOUS OR GENDER ANIMUS-- R.A.V. v. CITY OF ST. PAUL, 112 S. CT... |
1995 |
Yes |
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Dianne Avery |
Gender Stereotypes, Picket Line Violence, and the "Law" of Strike Misconduct Cases |
8 Ohio State Journal on Dispute Resolution 251 (1993) |
This article explores the role of gender stereotypes in the construction of the legal boundaries of acceptable strike behavior for individual workers. Strikes and their accompanying picket lines are a prominent feature of American labor relations and the subculture of unions. As a part of the economic weaponry of contract negotiations and union...; Search Snippet: ...ON DISPUTE RESOLUTION Ohio State Journal on Dispute Resolution 1993 GENDER STEREOTYPES, PICKET LINE VIOLENCE, AND THE LAW OF STRIKE MISCONDUCT... |
1995 |
Yes |
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John S. Lapham |
Gender-based Peremptory Challenges under United States V. De Gross, 960 F.2d 1433 (9th Cir.1992) |
43 Washington University Journal of Urban and Contemporary Law 465 (Spring, 1993) |
The right to exercise peremptory challenges gives both parties at trial an opportunity to reject jurors from the petit jury without cause. The accepted rationale for this practice is to allow a party to dismiss a potential juror based upon the party's intuitive or subjective impression that the juror is not impartial. The ultimate goal is to...; Search Snippet: ...University Journal of Urban and Contemporary Law Spring, 1993 Comment GENDER-BASED PEREMPTORY CHALLENGES UNDER UNITED STATES v. DE GROSS, 960... |
1995 |
Yes |
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Elizabeth L. Hillman |
Gentlemen under Fire: the U.s. Military and "Conduct Unbecoming" |
26 Law & Inequality: A Journal of Theory and Practice 1 (Winter 2008) |
Introduction. 1 I. Creating an Officer Class. 10 A. A Scandalous and Infamous Manner. 11 B. The Military Art and American Gentility. 12 C. Continental Army Prosecutions. 15 II. Building a Profession. 17 A. Colonel Winthrop's Definition. 18 B. A Stable Fraternity . 19 C. Old Army Prosecutions. 25 III. Defending a Standing Army. 27 A. As a...; Search Snippet: ...Inequality: A Journal of Theory and Practice Winter 2008 Article GENTLEMEN UNDER FIRE: THE U.S. MILITARY AND CONDUCT UNBECOMING Elizabeth L... |
1995 |
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African/Black American |
Sylvia A. Law |
Good Intentions Are Not Enough: an Agenda on Gender for Law School Deans |
77 Iowa Law Review 79 (October, 1991) |
The organizers of the Voices of Women conference asked me to address the question of what deans can do to create a more hospitable environment for women in American law schools. This essay first reminds us how recently women were not welcomed as equals in legal education. It then offers some anecdotal evidence that many legal educators still do not...; Search Snippet: ...Of Women GOOD INTENTIONS ARE NOT ENOUGH: AN AGENDA ON GENDER FOR LAW SCHOOL DEANS Sylvia A. Law [FNa] Copyright ©... |
1995 |
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Christopher Slobogin , Kate Weisburd |
ILLEGITIMATE CHOICES: A MINIMALIST(?) APPROACH TO CONSENT AND WAIVER IN CRIMINAL CASES |
101 Washington University Law Review 1913 (2024) |
Current doctrine justifies many government searches, interrogations, and deprivations of liberty on the ground that the target of the action voluntarily agreed to it or waived applicable rights. The standard critiques of this doctrine--that these choices are often or always coerced, the result of an unconstitutional condition, or inherently... |
1995 |
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Nancy E. Dowd |
Liberty Vs. Equality: in Defense of Privileged White Males |
34 William and Mary Law Review 429 (Winter, 1993) |
This book is disturbing in more ways than I can count. Grounded in libertarianism and law-and-economics, its thesis is that the principles of choice and freedom of association outweigh equality and justice, justifying the abolition of private employment discrimination law and the imposition of severe limitations on public employment discrimination...; Search Snippet: ...Book Review LIBERTY vs. EQUALITY: IN DEFENSE OF PRIVILEGED WHITE MALES FORBIDDEN GROUNDS: THE CASE AGAINST EMPLOYMENT DISCRIMINATION LAWS, BY RICHARD... |
1995 |
Yes |
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Judith A. Winston |
Mirror, Mirror on the Wall: Title Vii, Section 1981, and the Intersection of Race and Gender in the Civil Rights Act of 1990 |
79 California Law Review 775 (May, 1991) |
The Civil Rights Act of 1990 was introduced in the United States Senate and House of Representatives on February 7, 1990. The two companion bills were aimed at overturning a series of 1989 Supreme Court decisions that created roadblocks for people of color and women alleging employment discrimination under title VII of the Civil Rights Act of...; Search Snippet: ...TITLE VII, SECTION 1981, AND THE INTERSECTION OF RACE AND GENDER IN THE CIVIL RIGHTS ACT OF 1990 Judith A. Winston... |
1995 |
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Judith Resnik |
Naturally Without Gender: Women, Jurisdiction, and the Federal Courts |
66 New York University Law Review 1682 (December, 1991) |
For many years, women who work (or who have tried to work) with law and in courts have understood that their gender was relevant to that work. However, until recently, those who run the courts to which women have sought entry have not been interested in the effects of women on courts and of courts on women. Below, Professor Resnik explores the...; Search Snippet: ...Celebration: A Tradition of Women in the Law NATURALLY WITHOUT GENDER: WOMEN, JURISDICTION, AND THE FEDERAL COURTS Judith Resnik [FNa] Copyright... |
1995 |
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Finesse G. Couch |
Not Just Another Brown Analysis: a Call for Public Education Reform |
20 North Carolina Central Law Journal 143 (1992) |
I. INTRODUCTION. 144 A. Statement of The Problem. 144 B. Background. 145 II. LEGAL DEVELOPMENTS IN PUBLIC EDUCATION. 149 A. Community Schools: Roberts v. City of Boston. 149 B. Equal Education: Brown v. Board of Education (Brown I). 151 C. Legal Implications of Recent Desegregation Cases: Board of Education Oklahoma City v. Dowell Freeman v. Pitts...; Search Snippet: ...As the creator and director of the Center for Educating African- American Males, based at Morgan State University's School of Education and Urban... |
1995 |
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Paul F. Rothstein , Ronald J. Coleman |
PRIOR RACIST ACTS AND THE CHARACTER EVIDENCE BAN IN HATE CRIME PROSECUTIONS |
102 North Carolina Law Review 753 (March, 2024) |
The killing of unarmed African American Ahmaud Arbery and others ignited a wave of public outrage and refocused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery's death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence... |
1995 |
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Vednita Nelson |
Prostitution: Where Racism & Sexism Intersect |
1 Michigan Journal of Gender & Law 81 (1993) |
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper...; Search Snippet: ...four white police officers of the savage beating of an African- American man. [FN1] When the verdict was handed down, white America learned... |
1995 |
Yes |
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Kimberle Crenshaw |
Race, Gender, and Sexual Harassment |
65 Southern California Law Review 1467 (March, 1992) |
I would like to thank Anita Hill and express my deep respect to her for having the courage to shatter the silence on sexual harassment. I am certain that I speak for millions of women in saying that I have been inspired and renewed by her strength and integrity. I have looked forward to addressing you tonight on a critical issue at this very...; Search Snippet: ...Remarks Before The National Forum For Women State Legislators RACE, GENDER, AND SEXUAL HARASSMENT [FNa] Kimberle Crenshaw [FNaa] Copyright (c) 1992... |
1995 |
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Bill Ong Hing |
Raising Personal Identification Issues of Class, Race, Ethnicity, Gender, Sexual Orientation, Physical Disability, and Age in Lawyering Courses |
45 Stanford Law Review 1807 (July, 1993) |
Over the past four years I have been teaching in Stanford Law School's Law and Social Change (LSC) curriculum. The curriculum means different things to different people, but in general the curriculum is intended to attract students who want to work with subordinated or disadvantaged communities or in public interest law. While the curriculum does...; Search Snippet: ...Legal Pedagogy RAISING PERSONAL IDENTIFICATION ISSUES OF CLASS, RACE, ETHNICITY, GENDER, SEXUAL ORIENTATION, PHYSICAL DISABILITY, AND AGE IN LAWYERING COURSES Bill... |
1995 |
Yes |
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