Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
Kingsly Alec McConnell |
The Liberty Impact of Gender |
95 Washington Law Review 459 (March, 2020) |
Abstract: Can the federal government unilaterally change your gender? In October of 2018, the New York Times revealed that the Trump Administration's Department of Health and Human Services was considering a new federal definition of gender. The policy would redefine gender as a biological, immutable condition determined by genitalia at birth....; Search Snippet: ...Washington Law Review March, 2020 Comment THE LIBERTY IMPACT OF GENDER Kingsly Alec McConnell [FNa1] Copyright © 2020 by Washington Law Review... |
2015 |
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Laurel Davis , Mary Sarah Bilder |
The Library of Robert Morris, Antebellum Civil Rights Lawyer and Activist |
111 Law Library Journal 461 (Fall, 2019) |
The Robert Morris library, the only known extant, antebellum African American-owned library, reveals its owner's intellectual commitment to full citizenship and equality for people of color. Although studies of lawyers' libraries have focused on large collections, this article provides a model for interpreting small libraries, particularly where...; Search Snippet: ...FN34] In gifting the book to his friend, a young African American man, King prophesied that Morris, too, would become a self-made man. ¶22 This book and inscription also reflect Morris's strong relationships... |
2015 |
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Joan C. Williams |
The Social Psychology of Stereotyping: Using Social Science to Litigate Gender Discrimination Cases and Defang the "Cluelessness" Defense |
7 Employee Rights and Employment Policy Journal 401 (2003) |
I. Introduction. 403 II. Some Basic Concepts. 405 III. Glass Ceiling Discrimination. 412 A. Trying Twice as Hard to Receive Half as Much: Why Women Have a Harder Time Establishing Competence. 413 1. Competence Assumptions: Are Men Assumed to Be Competent, While Women Need to Prove Their Competence over and over Again?. 413 2. Leniency Bias: How Are...; Search Snippet: ...THE SOCIAL PSYCHOLOGY OF STEREOTYPING: USING SOCIAL SCIENCE TO LITIGATE GENDER DISCRIMINATION CASES AND DEFANG THE CLUELESSNESS DEFENSE Joan C. Williams... |
2015 |
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Hispanic/Latinx American |
Catherine Ross Dunham, Christopher Leupold |
Third Generation Discrimination: an Empirical Analysis of Judicial Decision Making in Gender Discrimination Litigation |
13 DePaul Journal for Social Justice 1 (Winter 2019) |
In this progressive era of #MeToo and other movements which highlight the reality of women's experiences in the workplace and other settings, the question arises as to why discrimination-based civil lawsuits are not more successful for female litigants. The courts have served as an important tool in reforming discriminatory workplace cultures by...; Search Snippet: ...GENERATION DISCRIMINATION: AN EMPIRICAL ANALYSIS OF JUDICIAL DECISION MAKING IN GENDER DISCRIMINATION LITIGATION Catherine Ross Dunham Christopher Leupold [FNa1] Copyright © 2019... |
2015 |
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Sally J. Kenney |
Towards a less Essentialist, More Intersectional, and Institutional Approach to Gender and Judging |
34 Connecticut Journal of International Law 399 (Summer, 2019) |
C1-2Table of Contents Introduction. 401 I. Background. 402 II. Anti-Essentialism. 405 A. Kcasey McLoughlin. 410 B. Rosemary Hunter. 411 1. Jarpa Dawuni. 413 C. Konstantinos Alexandris Polomarkakis. 414 D. From Women's Different Voice to Gender-Just Judging?. 415 1. Intersectionality. 416 I. Cohen. 417 II. Stanchi and Crawford. 418; Search Snippet: ...TOWARDS A LESS ESSENTIALIST, MORE INTERSECTIONAL, AND INSTITUTIONAL APPROACH TO GENDER AND JUDGING Sally J. Kenney Copyright © 2019 by the Connecticut... |
2015 |
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Sydney Melillo |
Vegas Rule: Jury Deliberation Edition: Should the Sixth Amendment Exception for Alleged Racial Bias in Deliberations Extend to Gender? |
11 Drexel Law Review 705 (2019) |
Federal Rule of Evidence 606(b) and its jurisprudence generally prohibit jurors from impeaching the validity of their verdicts. This general preclusion of juror testimony, derived from eighteenth-century English common law, aims to protect the public from the inherent danger of dissecting private jury deliberations, which are supposed to be free...; Search Snippet: ...AMENDMENT EXCEPTION FOR ALLEGED RACIAL BIAS IN DELIBERATIONS EXTEND TO GENDER? Sydney Melillo [FNa1] Copyright © 2019 by Drexel University; Sydney Melillo... |
2015 |
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Tracey Maclin |
Voluntary Interviews and Airport Searches of Middle Eastern Men: the Fourth Amendment in a Time of Terror |
73 Mississippi Law Journal 471 (Special Edition 2003) |
The tragic and horrible events of September 11, 2001 have changed the terms and direction of the debate regarding the use of race and ethnicity by law enforcement officers. Before the terrorist attacks on September 11, presidential and gubernatorial candidates were tripping over each other to condemn racial profiling by law enforcement officers....; Search Snippet: ...Law Article VOLUNTARY INTERVIEWS AND AIRPORT SEARCHES OF MIDDLE EASTERN MEN: THE FOURTH AMENDMENT IN A TIME OF TERROR Tracey Maclin... |
2015 |
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Hispanic/Latinx American |
Anne Bryson Bauer |
We Can Do It? How the Tax Cuts and Jobs Act Perpetuates Implicit Gender Bias in the Code |
43 Harvard Journal of Law & Gender Gender 1 (Winter, 2020) |
In December of 2017 Congress passed sweeping tax reform legislation known as the Tax Cuts and Jobs Act. This article highlights three aspects of the legislation that reflect implicit bias in the Code and facilitate the marginalization of women as a result of tax policy that fails to consider underlying demographic data with respect to the...; Search Snippet: ...IT? HOW THE TAX CUTS AND JOBS ACT PERPETUATES IMPLICIT GENDER BIAS IN THE CODE Anne Bryson Bauer [FN1] Copyright © 2020... |
2015 |
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Bradley Lohsl |
Where Is the Hoosier Hospitality? The Ever-evolving Child-parent Relationship and Indiana's Need for Gender-neutrality |
52 Indiana Law Review 135 (2019) |
The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity. To many in the Lesbian, Gay, Bisexual, and Transgender (LGBT) community, this impactful sentence in the opening line of Obergefell v. Hodges provided the...; Search Snippet: ...THE EVER-EVOLVING CHILD-PARENT RELATIONSHIP AND INDIANA'S NEED FOR GENDER-NEUTRALITY Bradley Lohsl [FNa1] Copyright © 2019 by the Trustees of... |
2015 |
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Brooke Lowell |
You must Present a Valid Form of (Gender) Identification: the Due Process and First Amendment Implications of Tennessee's Birth Certificate Law |
28 William & Mary Bill of Rights Journal 1133 (May, 2020) |
This Note analyzes Tennessee's prohibition against transgender people changing their gender markers on their birth certificates under both Fourteenth Amendment Substantive Due Process and the First Amendment. Part I discusses the relevant terms related to transgender rights, the importance of birth certificates, and the relevant laws at play. Part...; Search Snippet: ...May, 2020 Note YOU MUST PRESENT A VALID FORM OF ( GENDER) IDENTIFICATION: THE DUE PROCESS AND FIRST AMENDMENT IMPLICATIONS OF TENNESSEE'S... |
2015 |
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Jennifer Sumi Kim |
A Father's Race to Custody: an Argument for Multidimensional Masculinities for Black Men |
16 Berkeley Journal of African-American Law & Policy 32 (2014) |
This Article applies masculinities theory to custody proceedings in family court and, in particular, applies the theory of bipolar black masculinity to black fathers. This Article explores the two extreme images of black men: 1) the default image of the excessively masculine Bad Black Man, who is seen as animalistic, inherently criminal, and...; Search Snippet: ...RACE TO CUSTODY: AN ARGUMENT FOR MULTIDIMENSIONAL MASCULINITIES FOR BLACK MEN Jennifer Sumi Kim [FNa1] Copyright (c) 2014 Regents of the... |
2014 |
Yes |
African/Black American |
Kristin N. Johnson |
Banking on Diversity: Does Gender Diversity Improve Financial Firms' Risk Oversight? |
70 SMU Law Review 327 (Spring, 2017) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 328 II. SENIOR MANAGEMENT AND BOARDS OF DIRECTORS. 332 III. WHY BUILD DIVERSE BOARDS?. 337 A. Enhanced Financial Performance. 338 1. Studies Finding a Positive Relationship Between Gender Diversity and Firm Performance. 339 2. Studies Finding a Negative or Inconclusive Relationship Between Gender Diversity and...; Search Snippet: ...SMU Law Review Spring, 2017 Article BANKING ON DIVERSITY: DOES GENDER DIVERSITY IMPROVE FINANCIAL FIRMS' RISK OVERSIGHT? Kristin N. Johnson [FNa1... |
2014 |
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Agustin Paneque |
Civil Rights and Tort Calculation: Challenging the Reliability and Constitutionality of Race-based and Gender-based Life Expectancy and Future Wage Earning Calculations |
19 Rutgers Race & the Law Review 133 (2018) |
[B]ecause the tort system is committed to individualized determinations--with few checks for systemic bias--devaluation [of persons and their injuries based on race] is largely invisible and unaddressed in contemporary law. This note focuses on the issue of statistics supporting future wage earnings and life expectancy calculations in court that...; Search Snippet: ...CALCULATION: CHALLENGING THE RELIABILITY AND CONSTITUTIONALITY OF RACE-BASED AND GENDER-BASED LIFE EXPECTANCY AND FUTURE WAGE EARNING CALCULATIONS Agustin Paneque... |
2014 |
Yes |
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Jonathan Stahler |
Creating an Equitable Playing Field: Vital Protections for Male Athletes in Revenue-generating Sports Who Are Predominantly African-american |
3 Arizona State Sports & Entertainment Law Journal 422 (Spring, 2014) |
Cardale Jones recently declared on the online social networking service, Twitter, Why should we have to go to class if we came here to play FOOTBALL, we ain't come to play SCHOOL classes are POINTLESS. In that statement, Cardale Jones, a freshman at Ohio State University, who is also the third-string quarterback for the Buckeyes football team,...; Search Snippet: ...Spring, 2014 CREATING AN EQUITABLE PLAYING FIELD: VITAL PROTECTIONS FOR MALE ATHLETES IN REVENUE-GENERATING SPORTS WHO ARE PREDOMINANTLY AFRICAN- AMERICAN Jonathan Stahler [FNa1] Copyright © 2014 by Arizona State Sports and... |
2014 |
Yes |
African/Black American |
Kaitlyn Filzer |
Devaluing Child Plaintiffs Due to Their Race, Gender, and Socioeconomic Status: Why Courts Have Been Calculating Lost Future Earning Damages Wrong and How They Can Get it Right |
48 University of Toledo Law Review 561 (Spring, 2017) |
WHAT do Oprah, Charles Dickens, Jay Z, Toni Morrison, and Giorgio Armani all have in common? Presumably, nothing immediately comes to mind. These five individuals represent different races, genders, and ethnicities, but they all have one common denominator: they came from humble beginnings. All were born into low-income families and were forced to...; Search Snippet: ...Compliance Symposium Comment DEVALUING CHILD PLAINTIFFS DUE TO THEIR RACE, GENDER, AND SOCIOECONOMIC STATUS: WHY COURTS HAVE BEEN CALCULATING LOST FUTURE... |
2014 |
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Janet Dolgin |
Discriminating Gender: Legal, Medical, and Social Presumptions about Transgender and Intersex People |
47 Southwestern Law Review 61 (2017) |
Medicine and law have long assumed and re-enforced a binary view of gender in proposing care for and defining the rights of transgender and intersex people. This Article considers that history and its consequences for the people most directly affected by it. Further, it considers recent challenges to the binary gender presumption and to the medical...; Search Snippet: ...7550700 SOUTHWESTERN LAW REVIEW Southwestern Law Review 2017 Article DISCRIMINATING GENDER: LEGAL, MEDICAL, AND SOCIAL PRESUMPTIONS ABOUT TRANSGENDER AND INTERSEX PEOPLE... |
2014 |
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Jennifer Wriggins |
Domestic Violence and Gender Equality: Recognition, Remedy, and (Possible) Retrenchment |
49 University of Toledo Law Review 617 (Spring, 2018) |
MY topic today is domestic violence and gender equality in 2017. And we are talking, of course, about the law. This is a call to remember and fight for basic principles of equality. One principle is, of course, gender equality--the overarching topic of this conference. To quote the Seneca Falls declaration, We hold these truths to be self-evident...; Search Snippet: ...Review Spring, 2018 Gender Equality Symposium Article DOMESTIC VIOLENCE AND GENDER EQUALITY: RECOGNITION, REMEDY, AND (POSSIBLE) RETRENCHMENT Jennifer Wriggins [FNa1] Copyright... |
2014 |
Yes |
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Samantha Malone |
Domestic Work in the United States: Gender, Immigration, and Personhood |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 65 (Spring, 2018) |
Growing up, I spent hours playing in dimly-lit, stately homes, careful not to touch the antiques lining the halls. On weekends, I spent afternoons exploring the estate where my grandmother worked. A tall, wooden grandfather clock with a brass pendulum chimed at the end of the dark hallway, every hour on the hour. I listened to the chime echo in the...; Search Snippet: ...Perspectives Spring, 2018 Note DOMESTIC WORK IN THE UNITED STATES: GENDER, IMMIGRATION, AND PERSONHOOD Samantha Malone [FNa1] Copyright © 2018 by Samantha... |
2014 |
Yes |
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Jeffrey L. Dunoff |
Fanfare for the Common Man: an Appreciation of Professor Henry Richardson's Scholarship |
31 Temple International and Comparative Law Journal 341 (Spring, 2017) |
In 1942, Eugene Goosens, conductor of the Cincinnati Symphony Orchestra, asked a number of artists to compose fanfares, which Goosens thought would boost national morale and assist the war effort. In response, Aaron Copeland produced what would soon become one of the nation's most beloved anthems, although he had difficulty selecting a title for...; Search Snippet: ...of Professor Henry J. Richardson III FANFARE FOR THE COMMON MAN: AN APPRECIATION OF PROFESSOR HENRY RICHARDSON'S SCHOLARSHIP Jeffrey L. Dunoff... |
2014 |
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Loren D. Goodman |
For What It's Worth: the Role of Race- and Gender-based Data in Civil Damages Awards |
70 Vanderbilt Law Review 1353 (May, 2017) |
Introduction. 1354 I. Statistical Reliance on Race and Gender. 1358 A. Historically Permissible Stereotyping. 1358 1. An Introduction to Actuarial Science and the Problem of Redlining. 1358 2. Life Tables, Forensic Economists, and Lost Earnings Calculations. 1360 B. Recent Rejections of Raced-Based and Gendered Evidence at Trial: Selected...; Search Snippet: ...Note FOR WHAT IT'S WORTH: THE ROLE OF RACE- AND GENDER-BASED DATA IN CIVIL DAMAGES AWARDS Loren D. Goodman [FNa1... |
2014 |
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Terry A. Kupers |
Gender and Domination in Prison |
39 Western New England Law Review 427 (2017) |
Gender theory has evolved in recent years. The feminist and gay liberation struggles of the 1960s and 1970s were about equal rights, the rights of women in the workplace, and the rights of gays to safety and an equal place at the table. More recently, the entire notion of binary gender identity and binary sexual preference has come into question....; Search Snippet: ...ENGLAND LAW REVIEW Western New England Law Review 2017 Article GENDER AND DOMINATION IN PRISON [FNa1] Terry A. Kupers [FNaa1] Copyright... |
2014 |
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Naomi Cahn , June Carbone , Nancy Levit |
Gender and the Tournament: Reinventing Antidiscrimination Law in an Age of Inequality |
96 Texas Law Review 425 (February, 2018) |
Since the 1970s, antidiscrimination advocates have approached Title VII as though the impact of the law on minorities and women could be considered in isolation. This Article argues that this is a mistake. Instead, Gender and the Tournament attempts to reclaim Title VII's original approach, which justified efforts to dismantle segregated workplaces...; Search Snippet: ...1151079 TEXAS LAW REVIEW Texas Law Review February, 2018 Article GENDER AND THE TOURNAMENT: REINVENTING ANTIDISCRIMINATION LAW IN AN AGE OF... |
2014 |
Yes |
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Patrick C. Brayer |
Gender Nonconforming Expression and Binary Thinking: Understanding How Implicit Bias Becomes Explicit in the Legal System, Considering the Shooting Death of Philando Castile |
55 American Criminal Law Review Online 44 (2018) |
While lawyers and activists fighting for transgender rights have been temporarily halted in their efforts, theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal...; Search Snippet: ...CRIMINAL LAW REVIEW ONLINE American Criminal Law Review Online 2018 GENDER NONCONFORMING EXPRESSION AND BINARY THINKING: UNDERSTANDING HOW IMPLICIT BIAS BECOMES... |
2014 |
Yes |
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Lauren Geisser |
Gender Norms, Economic Inequality, and Social Egg Freezing: Why Company Egg Freezing Benefits Will Do More Harm than Good |
25 UCLA Women's Law Journal 179 (Fall, 2018) |
Some of the largest companies in the world--including Facebook and Apple--began offering cryopreservation (aka, egg freezing) as a covered employee benefit as early as 2014. This Article discusses the ramifications of such coverage on other diversity policies and employee benefits, as well as with respect to class and racial inequality, and gender...; Search Snippet: ...WOMENS LAW JOURNAL UCLA Women's Law Journal Fall, 2018 Article GENDER NORMS, ECONOMIC INEQUALITY, AND SOCIAL EGG FREEZING: WHY COMPANY EGG... |
2014 |
Yes |
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Julie Goldscheid |
Gender Violence and Human Rights in an Era of Backlash |
24 William and Mary Journal of Women and the Law 559 (Spring, 2018) |
This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights...; Search Snippet: ...Mary Journal of Women and the Law Spring, 2018 Article GENDER VIOLENCE AND HUMAN RIGHTS IN AN ERA OF BACKLASH Julie... |
2014 |
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Fanna Gamal |
Good Girls: Gender-specific Interventions in Juvenile Court |
35 Columbia Journal of Gender and Law 228 (2018) |
In the juvenile legal system, many jurisdictions are adopting interventions that target girls for specialized treatment. The proliferation of so-called Girls Courts--or specialty courts designed to address the specific challenges faced by system-involved girls--is one such intervention. Girls Court rejects gender-blindness in the juvenile justice...; Search Snippet: ...LAW Columbia Journal of Gender and Law 2018 GOOD GIRLS: GENDER-SPECIFIC INTERVENTIONS IN JUVENILE COURT [FNd1] Fanna Gamal [FNa1] Copyright... |
2014 |
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D. Marvin Jones |
He's a Black Male . . . Something Is Wrong with Him! the Role of Race in the Stand Your Ground Debate |
68 University of Miami Law Review 1025 (Summer 2014) |
That's one of the great frustrations of African-American life, those times when you are standing right there, minding your business, tending your house, coming home from the store, and other people are looking right at you, yet do not see you. They see instead their own superstitions and suppositions, paranoia and guilt, night terrors and...; Search Snippet: ...of Miami Law Review Summer 2014 Article HE'S A BLACK MALE . . . SOMETHING IS WRONG WITH HIM! THE ROLE OF RACE IN... |
2014 |
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African/Black American |
José Gabilondo |
Holy Gender! Promoting Free Exercise of Gender by Discernment Without Establishing Binary Sex or Compulsory Fluidity |
16 Seattle Journal for Social Justice 659 (Spring, 2018) |
Let me start by thanking Frank Valdes for setting up this roundtable on sexual minorities in the legal academy. Of late, straight society has reduced its de jure discrimination against many sexual minorities. The same is not true for gender minorities, for whom equal rights and dignity often remain a dream deferred. Yet some things are changing for...; Search Snippet: ...Social Justice Spring, 2018 Seattle Journal for Social Justice HOLY GENDER! PROMOTING FREE EXERCISE OF GENDER BY DISCERNMENT WITHOUT ESTABLISHING BINARY SEX OR COMPULSORY FLUIDITY José... |
2014 |
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Kevin R. Johnson |
How Political Ideology Undermines Racial and Gender Diversity in Federal Judicial Selection: the Prospects for Judicial Diversity in the Trump Years |
2017 Wisconsin Law Review 345 (2017) |
This Essay considers the relationship between efforts to increase the racial and gender diversity of the federal judiciary and the contemporary contentiousness of the Senate judicial confirmation process. Part I briefly evaluates the benefits of a diverse federal judiciary and summarizes the relatively successful efforts of President Obama--the...; Search Snippet: ...Law Review 2017 Article HOW POLITICAL IDEOLOGY UNDERMINES RACIAL AND GENDER DIVERSITY IN FEDERAL JUDICIAL SELECTION: THE PROSPECTS FOR JUDICIAL DIVERSITY... |
2014 |
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Ann D. Gordon (Emerita), Rutgers University, doi:10.1093/ajlh/njw025, Advance Access Publication Date: 20 January 2017 |
Laura E. Free, Suffrage Reconstructed: Gender, Race, and Voting Rights in the Civil War Era (Ithaca, N.y.: Cornell University Press, 2015). Pp. 235. $39.95 (Hardcover). Isbn 978-0-8014-5086-0 |
57 American Journal of Legal History 119 (March, 2017) |
When Ohio ratified the Fourteenth Amendment to the Constitution in 2003, opposition came from proponents of criminal penalties for abortion, who introduced modern matters of sex and gender into the debate. But no one engaged with the language in Section 2 of the Fourteenth Amendment: when the right to vote . is denied to any of the male...; Search Snippet: ...History March, 2017 Book Review LAURA E. FREE, SUFFRAGE RECONSTRUCTED: GENDER, RACE, AND VOTING RIGHTS IN THE CIVIL WAR ERA (ITHACA... |
2014 |
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Samantha Grund-Wickramasekera, DePaul College of Law 2017 |
Lost in Trans*-lation: Why Title Vii Jurisprudence Fails to Address Issues of Gender Identity in Employment Discrimination Litigation |
11 DePaul Journal for Social Justice 1 (Winter, 2018) |
Judges know next to nothing about [sex and sexuality] beyond their own personal experience, which is limited, perhaps more so than average, because people with irregular sex lives are pretty much . screened out of the judiciary. - Richard Posner, former Seventh Circuit Court of Appeals Judge Emma is a post-college graduate pursuing a career in...; Search Snippet: ...LATION: WHY TITLE VII JURISPRUDENCE FAILS TO ADDRESS ISSUES OF GENDER IDENTITY IN EMPLOYMENT DISCRIMINATION LITIGATION Samantha Grund-Wickramasekera DePaul College... |
2014 |
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Chris Chambers Goodman |
Nevertheless She Persisted: from Mrs. Bradwell to Annalise Keating, Gender Bias in the Courtroom |
24 William and Mary Journal of Women and the Law 167 (Fall, 2017) |
Introduction I. Background A. Bias, Stereotypes, and Schemas B. Stereotypes About Women Applied in the Law C. How the Media Evidences, Influences, and Exacerbates Gender Bias II. The Impacts of Gender Stereotypes and Bias in the Law A. Stereotypical Female Speech B. Do Looks Matter? C. The Role and Toll of Emotions III. Reducing the Impacts of...; Search Snippet: ...Protest NEVERTHELESS SHE PERSISTED: FROM MRS. BRADWELL TO ANNALISE KEATING, GENDER BIAS IN THE COURTROOM Chris Chambers Goodman [FNa1] Copyright © 2017... |
2014 |
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Emily Chertoff |
Prosecuting Gender-based Persecution: the Islamic State at the Icc |
126 Yale Law Journal 1050 (February, 2017) |
Reports suggest that Islamic State, the terrorist caliphate, has enslaved and brutalized thousands of women from the Yazidi ethnic minority of Syria and Northern Iraq. International criminal law has a name for what Islamic State has done to these women: gender-based persecution. This crime, which appears in the Rome Statute of the International...; Search Snippet: ...YALE LAW JOURNAL Yale Law Journal February, 2017 Note PROSECUTING GENDER-BASED PERSECUTION: THE ISLAMIC STATE AT THE ICC Emily Chertoff... |
2014 |
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Francis X. Flanagan , Wake Forest University |
Race, Gender, and Juries: Evidence from North Carolina |
61 Journal of Law & Economics 189 (May, 2018) |
This paper uses data from felony jury trials in North Carolina to show that the race and gender composition of the randomly selected jury pool has a significant effect on the probability of conviction, attorneys adjust peremptory-challenge strategies in accordance, and state peremptory challenges have a positive impact on the conviction rate when...; Search Snippet: ...LAW AND ECONOMICS Journal of Law & Economics May, 2018 RACE, GENDER, AND JURIES: EVIDENCE FROM NORTH CAROLINA Francis X. Flanagan [FNa1... |
2014 |
Yes |
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Jane Murphy , Solangel Maldonado |
Reproducing Gender and Race Inequality in the Blawgosphere |
41 Harvard Journal of Law & Gender 239 (Winter, 2018) |
C1-2Table of Contents Introduction. 239 I. The Emergence of Blogging as Legal Scholarship. 240 II. Gender Disparities in Legal Blawgs. 246 III. Racial Disparities in Blawgs. 254 IV. Why Do Gender and Racial Disparities Matter?. 262 V. Creating an Inclusive Blogosphere. 264 Conclusion. 265; Search Snippet: ...GENDER Harvard Journal of Law & Gender Winter, 2018 Essay REPRODUCING GENDER AND RACE INEQUALITY IN THE BLAWGOSPHERE Jane Murphy [FNa1] Solangel... |
2014 |
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Heather R. Hlavka , Sameena Mulla |
That's How She Talks: Animating Text Message Evidence in the Sexual Assault Trial |
52 Law and Society Review 401 (June, 2018) |
This ethnographic study of criminal sexual assault adjudication shows how prosecutors, defense attorneys, and witnesses animate text message evidence. In contrast to other forms of courtroom testimony, text messages function as multiauthored representations of recorded correspondence in the past. Attorneys and witnesses animate texts authored by or...; Search Snippet: ...text messages showed that Anna, a 30-year-old white Latina woman, was in a romantic relationship with the defendant, a... |
2014 |
Yes |
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Ann Linder |
The Black Man's Dog: the Social Context of Breed Specific Legislation |
25 Animal Law 51 (2018) |
Hundreds of communities throughout the United States have imposed breed-specific dog laws that prohibit pit bulls' in the name of public safety. This Article examines the relationship between pit bulls and people of color incorporating new research to argue that these laws may be rooted in racial bias. In such instances, breed-specific bans...; Search Snippet: ...WL 5078380 ANIMAL LAW Animal Law 2018 Article THE BLACK MAN'S DOG: THE SOCIAL CONTEXT OF BREED SPECIFIC LEGISLATION Ann Linder... |
2014 |
Yes |
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Michael Conklin |
The Effects of Race and Gender on Attorney Selection |
20 Rutgers Race & the Law Review 1 (2018) |
Much research has been conducted regarding women and minorities' underrepresentation in law and how jurors and judges may demonstrate prejudice against them. However, little research has been conducted on the related issue of the roles gender and race play in consumer decisions when hiring an attorney. This article provides the results of a survey...; Search Snippet: ...the Law Review 2018 Article THE EFFECTS OF RACE AND GENDER ON ATTORNEY SELECTION Michael Conklin [FN1] Copyright © 2018 by Rutgers... |
2014 |
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Janyl Relling Smith |
The Legacy of Slavery, Cognitive Shortcuts, and Biased News: the Mass Media's Vilification of Black Males and the Resulting "Reasonableness" of Excessive Force by Law Enforcement |
8 University of Miami Race & Social Justice Law Review 23 (Summer, 2018) |
I. Introduction. 24 II. Early Vilification, Policing the Outgroup, and Stifling Assimilation: A Brief Historical Look at Institutionalized Racism. 29 A. Law, Procedure, Early Policing, and Legal Sentiments of the High Court: Systems and Institutions as They Related to Blacks in an Antebellum America. 30 1. Slave Codes. 30 2. Fear and Subsequent...; Search Snippet: ...SHORTCUTS, AND BIASED NEWS: THE MASS MEDIA'S VILIFICATION OF BLACK MALES AND THE RESULTING REASONABLENESS OF EXCESSIVE FORCE BY LAW ENFORCEMENT... |
2014 |
Yes |
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Sheila M. Lake |
The Right to Gender Self-identification - Post Obergefell |
19 Western Michigan University Cooley Journal of Practical and Clinical Law 293 (2018) |
C1-2Table of Contents INTRODUCTION. 294 BACKGROUND. 296 Defining Sex vs. Gender. 296 International Transgender Roles. 297 Role and History of Transgendered People in America. 298 Impact on Quality of Life. 300 Legal Consequences. 303 ANALYSIS. 304 Precedent in Transgendered Cases. 304 Dignity and Fundamental Rights. 306 Deeply Rooted and Implicit...; Search Snippet: ...of Practical and Clinical Law 2018 Article THE RIGHT TO GENDER SELF-IDENTIFICATION - POST OBERGEFELL Sheila M. Lake [FN1] Copyright © 2018... |
2014 |
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Laura P. Moyer , Susan B. Haire |
Trailblazers and Those That Followed: Personal Experiences, Gender, and Judicial Empathy |
49 Law and Society Review 665 (September, 2015) |
This article investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of...; Search Snippet: ...September, 2015 Article TRAILBLAZERS AND THOSE THAT FOLLOWED: PERSONAL EXPERIENCES, GENDER, AND JUDICIAL EMPATHY Laura P. Moyer [FNa1] Susan B. Haire... |
2014 |
Yes |
African/Black American |
Caitlin Cavanagh, Elizabeth Cauffman, University of California, Irvine |
Viewing Law and Order: Mothers' and Sons' Justice System Legitimacy Attitudes and Juvenile Recidivism |
21 Psychology, Public Policy, and Law 432 (November, 2015) |
Negative attitudes toward the justice system are associated with higher rates of reoffending, but there is little information about how these negative attitudes are formed among youth. Despite the well-documented link between parents' and children's attitudes in other domains, no research has explored how parents' attitudes toward the justice...; Search Snippet: ...and Law November, 2015 VIEWING LAW AND ORDER: MOTHERS' AND SONS' JUSTICE SYSTEM LEGITIMACY ATTITUDES AND JUVENILE RECIDIVISM [FNa1] Caitlin Cavanagh... |
2014 |
Yes |
African/Black American |
Kim Shayo Buchanan |
When Is Hiv a Crime? Sexuality, Gender and Consent |
99 Minnesota Law Review 1231 (April, 2015) |
I. Rationales for HIV Criminalization: Public Health and Moral Retribution. 1239 A. The Public Health Critique. 1241 B. Low-Status Victims: IV Drug Users, Sex Workers, and Men Who Have Sex with Men. 1248 C. Moral Retribution. 1253 II. Sexual Autonomy and HIV disclosure. 1262 A. Partners' Interest in HIV Disclosure. 1263 B. Nondisclosure As Sexual...; Search Snippet: ...Review April, 2015 Article WHEN IS HIV A CRIME? SEXUALITY, GENDER AND CONSENT Kim Shayo Buchanan [FNd1] Copyright (c) 2015 Kim... |
2014 |
Yes |
African/Black American |
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A Bad Man Is Hard to Find |
127 Harvard Law Review 2521 (June, 2014) |
In January 2003, a young woman named Lavetta Elk got into a car with an Army recruiter whom she had known since she was sixteen. She believed that she had been accepted as an enlistee--her dream was to work eventually as an Army nurse--and that he was taking her for a medical evaluation. Instead, Staff Sergeant Joseph Kopf drove down a deserted...; Search Snippet: ...LAW REVIEW Harvard Law Review June, 2014 Note A BAD MAN IS HARD TO FIND Copyright (c) 2014 Harvard Law Review... |
2013 |
Yes |
African/Black American |
Julia C. Maddera |
Batson in Transition: Prohibiting Peremptory Challenges on the Basis of Gender Identity or Expression |
116 Columbia Law Review 195 (January, 2016) |
While peremptory challenges upon the basis of race, ethnicity, and gender have been held unconstitutional, and peremptory strikes upon the basis of sexual orientation have been regarded as increasingly suspect after United States v. Windsor, attorneys remain free to use peremptory challenges to remove potential jurors from the venire upon the basis...; Search Snippet: ...BATSON IN TRANSITION: PROHIBITING PEREMPTORY CHALLENGES ON THE BASIS OF GENDER IDENTITY OR EXPRESSION Julia C. Maddera [FNa1] Copyright © 2016 by... |
2013 |
Yes |
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Danielle Matricardi |
Binary Imprisonment: Transgender Inmates Ensnared Within the System and Confined to Assigned Gender |
67 Mercer Law Review 707 (Winter 2016) |
It is June 26, 2015. The sun is shining, and the grass is wet with morning dew. Those unaware sip their coffee on the way to work, perplexed why so many rainbow flags clutter their morning commute. Celebrations are breaking out across the Nation. The United States Supreme Court has legalized same-sex marriage. Finally, the day has come when people...; Search Snippet: ...TRANSGENDER INMATES ENSNARED WITHIN THE SYSTEM AND CONFINED TO ASSIGNED GENDER [FNd1] Danielle Matricardi Copyright (c) 2016 Walter F. George School... |
2013 |
Yes |
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Tom I. Romero, II |
Bridging the Confluence of Water and Immigration Law |
48 Texas Tech Law Review 779 (Summer, 2016) |
I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817; Search Snippet: ...Towns: Anti-Immigrant Ordinances and Equality of Educational Opportunity for Latina/os, 12 J. Gender, Race & Just., no. 1, 2008. Any analysis provided herein originally... |
2013 |
Yes |
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Jeannine Bell , Mona Lynch |
Cross-sectional Challenges: Gender, Race, and Six-person Juries |
46 Seton Hall Law Review 419 (2016) |
After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised regarding the role of race and gender in...; Search Snippet: ...REVIEW Seton Hall Law Review 2016 Article CROSS-SECTIONAL CHALLENGES: GENDER, RACE, AND SIX-PERSON JURIES Jeannine Bell [FNa1] Mona Lynch... |
2013 |
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Nicholas Scurich, John Monahan, University of California-Irvine, University of Virginia |
Evidence-based Sentencing: Public Openness and Opposition to Using Gender, Age, and Race as Risk Factors for Recidivism |
40 Law and Human Behavior 36 (February, 2016) |
The incarceration of criminal offenders in the United States has reached epidemic proportions. One way to scale back the prison population is by using empirical risk assessment methods to apportion prison sentences based on the likelihood of the offender recidivating, so-called evidence-based sentencing. This practice has been denounced by some...; Search Snippet: ...2016 EVIDENCE-BASED SENTENCING: PUBLIC OPENNESS AND OPPOSITION TO USING GENDER, AGE, AND RACE AS RISK FACTORS FOR RECIDIVISM [FNa1] Nicholas... |
2013 |
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Melina Constantine Bell |
Gender Essentialism and American Law: Why and How to Sever the Connection |
23 Duke Journal of Gender Law & Policy 163 (Spring 2016) |
American law presumes that all persons are born either female or male, and rests a surprising number of legal entitlements on this presumption. Persons' legal rights to express their identity at work, to use public accommodations, and to retain legal parenthood status with respect to their children may all depend on whether they are female or male....; Search Snippet: ...POLICY Duke Journal of Gender Law & Policy Spring 2016 Article GENDER ESSENTIALISM AND AMERICAN LAW: WHY AND HOW TO SEVER THE... |
2013 |
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