AuthorTitleCitationSummaryYearGender in title or SummaryEthnicity Identified in Title
Miriam H. Ruttenberg A Feminist Critique of Mandatory Arrest: an Anallysis of Race and Gender in Domestic Violence Policy 2 American University Journal of Gender & the Law 171 (Spring, 1994) Men have beaten their wives and partners for centuries with no retribution from the criminal justice system. Only recently has domestic violence been targeted by the government as a problem warranting criminal sanctions. For example, in the past two decades many states have enacted mandatory arrest statutes. These statutes are designed to send the...; Search Snippet: ...FEMINIST CRITIQUE OF MANDATORY ARREST: AN ANALLYSIS OF RACE AND GENDER IN DOMESTIC VIOLENCE POLICY Miriam H. Ruttenberg [FNa1] Copyright ©... 1994    
Walter B. Connolly, Jr. , Jeffrey D. Adelman A University's Defense to a Title Ix Gender Equity in Athletics Lawsuit: Congress Never Intended Gender Equity Based on Student Body Ratios 71 University of Detroit Mercy Law Review 845 (Summer, 1994) I. Introduction . 845 II. An Overview of Title IX . 849 III. The Intercollegiate Athletic Provisions of Title IX . 854 IV. OCR's Interpretation of the Intercollegiate Athletic Provisions of Title IX. 856 V. Judicial Interpretations of the Intercollegiate Athletic Provisions of Title IX . 868 VI. University Responses to Title IX Audits and Private...; Search Snippet: ...Review Summer, 1994 A UNIVERSITY'S DEFENSE TO A TITLE IX GENDER EQUITY IN ATHLETICS LAWSUIT: CONGRESS NEVER INTENDED GENDER EQUITY BASED ON STUDENT BODY RATIOS Walter B. Connolly, Jr... 1994    
Stacy A. Dowling Constitutional Law - Fourteenth Amendment -- Equal Protection Clause Prohibits Litigants from Exercising Peremptory Challenges on the Basis of Gender - J.e.b. V. Alabama ex Rel T.b., 114 S. Ct. 1419 (1994). 25 Seton Hall Law Review 756 (1994) The Supreme Court has historically exalted the peremptory challenge as an important element in achieving a fair and impartial jury trial in both criminal and civil cases. During voir dire, the system gives litigants the opportunity to strike potential jurors in two ways: for cause or peremptorily. Litigants employ the challenge for cause to...; Search Snippet: ...PROHIBITS LITIGANTS FROM EXERCISING PEREMPTORY CHALLENGES ON THE BASIS OF GENDER - J.E.B. V. ALABAMA EX REL T.B., 114 S. CT. 1419... 1994    
Stacie L. Sanders Constitutional Law: Eliminating Gender-based Peremptory Strikes: the End of the Peremptory Challenge? [J.e.b. V. Alabama Ex. Rel. T.b., 114 S.ct. 1419 (1994)] 34 Washburn Law Journal 193 (Fall, 1994) In J.E.B. v. Alabama ex rel. T.B., the United States Supreme Court addresses whether the United States Constitution's Equal Protection Clause precludes the State from using peremptory challenges to intentionally discriminate on the basis of gender. In a six-three decision, the United States Supreme Court holds a state actor's intentional gender...; Search Snippet: ...JOURNAL Washburn Law Journal Fall, 1994 Comment CONSTITUTIONAL LAW: ELIMINATING GENDER-BASED PEREMPTORY STRIKES: THE END OF THE PEREMPTORY CHALLENGE? [J.E.B... 1994    
Theresa A. Martinez Embracing the Outlaws: Deviance at the Intersection of Race, Class, and Gender 1994 Utah Law Review 193 (1994) I grew up the youngest of twelve children in a Chicano family living in the slums of Albuquerque, New Mexico. My father was an abusive alcoholic. My mother raised the kids by herself both before and after my older brothers kicked my father out of the house. I have memories of when I was a very little girl walking with my mother to the Salvation...; Search Snippet: ...THE OUTLAWS: DEVIANCE AT THE INTERSECTION OF RACE, CLASS, AND GENDER Theresa A. Martinez [FNa1] Copyright (c) 1994 by the Utah... 1994    
Vicki C. Jackson Empiricism, Gender, and Legal Pedagogy: an Experiment in a Federal Courts Seminar at Georgetown University Law Center 83 Georgetown Law Journal 461 (December, 1994) Over the last decade, the organized bench and bar have drawn on the insights of feminist legal theory and sociolegal research techniques to create a fascinating movement. The growing strength of this movement--to inquire into and report on the effects of gender on court systems (and, increasingly, to collaborate in similar inquiries on the effects...; Search Snippet: ...1994 Symposium: Gender, Empiricism, and the Federal Courts Essay EMPIRICISM, GENDER, AND LEGAL PEDAGOGY: AN EXPERIMENT IN A FEDERAL COURTS SEMINAR... 1994    
Donna Hess Gender-based Peremptory Challenges: a Bad Remnant of the Historical Discrimination Against Women? 28 Suffolk University Law Review 63 (Spring 1994) Gender bias in the courtroom remains a serious problem. Reflected in outmoded attitudes toward women, gender bias is based on stereotypes rather than on a consideration of each individual's experience and abilities. During the 1993 Fall Term, the Supreme Court of the United States had an opportunity to eliminate one type of gender bias in the...; Search Snippet: ...UNIVERSITY LAW REVIEW Suffolk University Law Review Spring 1994 Note GENDER-BASED PEREMPTORY CHALLENGES: A BAD REMNANT OF THE HISTORICAL DISCRIMINATION... 1994    
Sally S. Simpson , Lori Elis Is Gender Subordinate to Class? An Empirical Assessment of Colvin and Pauly's Structural Marxist Theory of Delinquency 85 Journal of Criminal Law and Criminology 453 (Fall, 1994) For Karl Marx, the problem of crime in capitalist societies was linked to the material forces of capitalism and class domination. Although Marx did not extensively discuss the problem, he did remark that criminality seemed to be concentrated in the dangerous classes. The lumenproletariat, or parasitic class of criminals, consisted of...; Search Snippet: ...Journal of Criminal Law and Criminology Fall, 1994 Criminology IS GENDER SUBORDINATE TO CLASS? AN EMPIRICAL ASSESSMENT OF COLVIN AND PAULY'S... 1994    
Tobi V. Neff J.e.b. V. Alabama: the Supreme Court Extends the Equal Protection Clause by Prohibiting Gender-based Peremptory Challenges 21 Ohio Northern University Law Review 615 (1994) I. Introduction In J.E.B. v. Alabama, the Supreme Court considered the issue of extending equal protection scrutiny to gender-based peremptory challenges. In a six-to-three decision, the Court found that gender-based peremptory challenges were prohibited by the Equal Protection Clause of the Fourteenth Amendment. Because it required no explanation...; Search Snippet: ...THE SUPREME COURT EXTENDS THE EQUAL PROTECTION CLAUSE BY PROHIBITING GENDER-BASED PEREMPTORY CHALLENGES Tobi V. Neff Copyright (c) 1995 by... 1994    
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... 1994    
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... 1994    
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... 1994    
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... 1994    
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... 1994    
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... 1994    
Peter A. Gaudioso Batson's Incomplete Legacy: Gender Discrimination and the Peremptory Challenge 3 Seton Hall Constitutional Law Journal 475 (Fall, 1993) In the seminal case Batson v. Kentucky, the Supreme Court of the United States held that in criminal prosecutions, the state's exercise of peremptory challenges to exclude African-Americans from the jury panel violated the Equal Protection Clause of the Fourteenth Amendment. Shortly thereafter, in a series of decisions rendered on the heels of...; Search Snippet: ...Hall Constitutional Law Journal Fall, 1993 Comment BATSON'S INCOMPLETE LEGACY: GENDER DISCRIMINATION AND THE PEREMPTORY CHALLENGE Peter A. Gaudioso Copyright ©... 1993   African/Black American
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... 1993   African/Black American
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... 1993   African/Black American
Wilma Williams Pinder When Will Black Women Lawyers Slay the Two-headed Dragon; Racism and Gender Bias? 20 Pepperdine Law Review 1053 (1993) Racism remains the most debilitating virus in the American system and the consequences spill over into almost every facet of life. Lawyers are often analogized to knights because of the many characteristics they share. Both groups of warriors dedicate themselves to causes for which they fight. Skill and courage are essential characteristics in...; Search Snippet: ...BLACK WOMEN LAWYERS SLAY THE TWO-HEADED DRAGON; RACISM AND GENDER BIAS? Wilma Williams Pinder [FNa] Copyright (c) 1993 by the... 1993   African/Black American
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... 1993   Multiple Groups
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... 1993    
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... 1993    
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... 1993    
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... 1993    
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... 1993    
Edward J. McCaffery Slouching Towards Equality: Gender Discrimination, Market Efficiency, and Social Change 103 Yale Law Journal 595 (December, 1993) C1-3Contents I. Introduction. 596 II. The Basic Facts. 600 III. The Basic Model. 602 A. Preliminary Assumptions. 603 B. Phase I: Rational Discrimination. 603 1. Imperfect Contracts. 606 2. Incomplete and Asymmetric Information. 608 C. Phase II: Self-Fulfilling Prophecy. 615 1. Taxes. 617 2. Incomplete Markets. 619 3. Human Capital Decisions. 622 D....; Search Snippet: ...LAW JOURNAL Yale Law Journal December, 1993 SLOUCHING TOWARDS EQUALITY: GENDER DISCRIMINATION, MARKET EFFICIENCY, AND SOCIAL CHANGE Edward J. McCaffery [Fnd... 1993    
Margaret A. Baldwin Strategies of Connection: Prostitution and Feminist Politics 1 Michigan Journal of Gender & Law 65 (1993) I am daunted by the shortness of our time, and by the scope of the tasks we face. There is the task each of you has shouldered in attending this symposium: to absorb and respond to what you are hearing. Many of us, especially those of us who have never been prostituted, have likely heard much about prostitution that seems new, or much that is old...; Search Snippet: ...speech that Ms. Baldwin presented at the Michigan Journal of Gender & Law Symposium entitled Prostitution: From Academia to Activism, held on... 1993    
John Galotto Strict Scrutiny for Gender, via Croson 93 Columbia Law Review 508 (March, 1993) The Supreme Court has not yet made a definitive statement regarding the constitutional standard of review for gender-based affirmative action at the state level. A decision in this area will feature a collision of two vibrant and incompatible equal protection doctrines. From one direction there is the gender discrimination jurisprudence, in which...; Search Snippet: ...REVIEW Columbia Law Review March, 1993 Note STRICT SCRUTINY FOR GENDER, VIA CROSON John Galotto Copyright (c) 1993 by the Directors... 1993    
David Everett Marko The Case Against Gender-based Peremptory Challenges 4 Hastings Women's Law Journal 109 (Winter, 1993) Since the inception of the jury system in the United States, attorneys have insisted that they be given the freedom to make shoot-from-the-hip, seat-of-the-pants, and gut-level judgments about a particular juror's capacity to sit as a fair trier of fact. Unfortunately, this broad discretion has led to widespread abuses. Until relatively...; Search Snippet: ...JOURNAL Hastings Women's Law Journal Winter, 1993 THE CASE AGAINST GENDER-BASED PEREMPTORY CHALLENGES David Everett Marko [FNa] Copyright (c) 1993... 1993    
Sharlene A. McEvoy The Umpire Strikes Out: Postema V. National League : Major League Gender Discrimination 11 University of Miami Entertainment and Sports Law Review 1 (Fall 1993) I. Introduction. 1 II. Background. 2 III. The Case. 4 IV. The Civil Rights Act of 1964. 7 V. Leading Gender Discrimination Cases That May Impact Postema's Case. 12 VI. The Civil Rights Act of 1991. 23 VII. Conclusion; Search Snippet: ...THE UMPIRE STRIKES OUT: POSTEMA V. NATIONAL LEAGUE : MAJOR LEAGUE GENDER DISCRIMINATION Sharlene A. McEvoy [FNa] Copyright (c) 1993 Entertainment and... 1993    
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