| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| 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... |
2020 |
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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... |
2020 |
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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... |
2019 |
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African/Black American |
| Leslie Y. Garfield Tenzer |
#Metoo, Statutory Rape Laws, and the Persistence of Gender Stereotypes |
2019 Utah Law Review 117 (2019) |
In the late 1970s and early 1980s, feminists pushed for reform of statutory rape laws. At that time, states' laws limited prosecution for sexual intercourse with a female below a certain age to males. The only victims of statutory rape were female. Feminists advocated that legislatures should rewrite gender-specific sexual assault laws in gender...; Search Snippet: ...2019 Article #METOO, STATUTORY RAPE LAWS, AND THE PERSISTENCE OF GENDER STEREOTYPES Leslie Y. Garfield Tenzer [FNa1] Copyright © 2019 by Leslie... |
2019 |
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| Antwann Michael Simpkins |
Apparitions in the Theory: How the Sciences Cause Race and Gender to Matter in the Twenty-first Century |
9 UC Irvine Law Review 1217 (July, 2019) |
A. Scientific Inquiry. 1221 B. To Use Neuroimaging Techniques. 1227 C. The Science of Law. 1232; Search Snippet: ...APPARITIONS IN THE THEORY: HOW THE SCIENCES CAUSE RACE AND GENDER TO MATTER IN THE TWENTY-FIRST CENTURY Antwann Michael Simpkins... |
2019 |
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| Adam P. Romero |
Does the Equal Pay Act Prohibit Discrimination on the Basis of Sexual Orientation or Gender Identity? |
10 Alabama Civil Rights & Civil Liberties Law Review 35 (2019) |
Introduction. 37 I. Recent Evidence of Discrimination Against Sexual and Gender Minorities in the United States. 42 A. Recent Wage Analyses. 46 B. Recent Controlled Experiments. 49 C. Administrative Complaints. 52 D. Other Evidence: Increasing Social Acceptance, Persistently Pervasive Anti-LGBT Violence and Discrimination, and Geographic Variation....; Search Snippet: ...ACT PROHIBIT DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION OR GENDER IDENTITY? Adam P. Romero [FNa1] Copyright © 2019 by The University... |
2019 |
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| Amanda Jayne Miller , Sharon Sassler |
Don't Force My Hand: Gender and Social Class Variation in Relationship Negotiation |
51 Arizona State Law Journal 1369 (Winter 2019) |
Do the relationship processes leading to cohabitation and subsequent outcomes contribute to growing social class disparities in family behaviors? Our paper explores the role played by gender and class in relationship progression, from dating, to cohabiting, to talk of marriage and proposing. Data are from in-depth interviews with 122 service-class...; Search Snippet: ...Symposium on Nonmarriage and the Law DON'T FORCE MY HAND: GENDER AND SOCIAL CLASS VARIATION IN RELATIONSHIP NEGOTIATION Amanda Jayne Miller... |
2019 |
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| Katie Hicks |
Expanding Peña-rodriguez V. Colorado to Protect Criminal Defendants from Explicit Gender Animus |
72 Arkansas Law Review 519 (2019) |
Equal opportunity to participate in the fair administration of justice is fundamental to our democratic system. It not only furthers the goals of the jury system. It reaffirms the promise of equality under the law--that all citizens, regardless of race, ethnicity, or gender, have the chance to take part directly in our democracy. When persons are...; Search Snippet: ...PEÑA-RODRIGUEZ v. COLORADO TO PROTECT CRIMINAL DEFENDANTS FROM EXPLICIT GENDER ANIMUS Katie Hicks [FNa1] Copyright © 2019 by the Arkansas Law... |
2019 |
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| Mark E. Wojcik |
Extending Batson to Peremptory Challenges of Jurors Based on Sexual Orientation and Gender Identity |
40 Northern Illinois University Law Review Rev. 1 (Fall, 2019) |
This Article argues that it is now time to extend Batson to all federal and state trial courts and expressly prohibit the exclusion of jurors based on their actual or perceived sexual orientation or gender identity. The lack of protection for jurors based on their actual or perceived sexual orientation or gender identity fosters discrimination in...; Search Snippet: ...TO PEREMPTORY CHALLENGES OF JURORS BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY Mark E. Wojcik [FNa1] Copyright © 2019 by Board of... |
2019 |
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| Samantha M. Sbrocchi |
Gender Pay Gap: the Time to Speak up Is Now |
35 Touro Law Review 839 (2019) |
In 1963, Congress took its first steps towards addressing the gender pay gap by enacting the Equal Pay Act of 1963 (EPA). The EPA prohibits employers from discriminating on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work on...; Search Snippet: ...2019 WL 2521912 TOURO LAW REVIEW Touro Law Review 2019 GENDER PAY GAP: THE TIME TO SPEAK UP IS NOW Samantha... |
2019 |
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| Ruqaiijah Yearby |
Internalized Oppression: the Impact of Gender and Racial Bias in Employment on the Health Status of Women of Color |
49 Seton Hall Law Review 1037 (2019) |
As advocates from the #MeToo and #TimesUp movements work to end sexual harassment and unequal pay in employment, they must not ignore the unique problems women of color face. As noted in Kimberle Crenshaw's theory of intersectionality, women of color face gender and racial bias in employment, thus eradicating gender bias will not make women of...; Search Snippet: ...Hall Law Review 2019 Article INTERNALIZED OPPRESSION: THE IMPACT OF GENDER AND RACIAL BIAS IN EMPLOYMENT ON THE HEALTH STATUS OF... |
2019 |
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| Christopher L. Hamilton |
Loving Beyond the Binary: Applying Associational Discrimination to Gender Identity under Title Vii |
99 Boston University Law Review 2211 (October, 2019) |
The Second and Seventh Circuits, in their landmark decisions in Zarda v. Altitude Express, Inc. and Hively v. Ivy Tech Community College of Indiana, declared that Title VII of the Civil Rights Act encompasses sexual orientation when determining discrimination because of . sex. Both courts supported their reasoning in part through statutory...; Search Snippet: ...2019 Note LOVING BEYOND THE BINARY: APPLYING ASSOCIATIONAL DISCRIMINATION TO GENDER IDENTITY UNDER TITLE VII Christopher L. Hamilton [FNa1] Copyright © 2019... |
2019 |
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| CLEA Committee for Faculty Equity and Inclusion |
The Diversity Imperative Revisited: Racial and Gender Inclusion in Clinical Law Faculty |
26 Clinical Law Review 127 (Fall, 2019) |
The demographics of clinical law faculties matter. As Professor Jon Dubin persuasively argued nearly twenty years ago in his article Faculty Diversity as a Clinical Legal Education Imperative, clinical faculty of color entering the legal academy in the 1980s and 1990s expanded the communities served by law school clinics and the lawyering methods...; Search Snippet: ...Reflections on Clinical Scholarship THE DIVERSITY IMPERATIVE REVISITED: RACIAL AND GENDER INCLUSION IN CLINICAL LAW FACULTY CLEA Committee for Faculty Equity... |
2019 |
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| 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... |
2019 |
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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... |
2019 |
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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... |
2019 |
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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... |
2019 |
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| Ursula Tracy Doyle |
Strange Fruit at the United Nations |
61 Howard Law Journal 187 (Winter, 2018) |
INTRODUCTION. 189 I. THE UNITED NATIONS. 192 A. The Founding. 192 B. The United Nations Charter. 195 II. THE UNITED STATES. 201 III. STRANGE FRUIT AT THE UNITED NATIONS. 208 A. The General Assembly. 209 1. General Condemnations of Racial Segregation and Racial Discrimination. 211 2. Specific Condemnations of Racial Segregation and Racial...; Search Snippet: ...Fifteenth Amendments to the U.S. Constitution, thus abolishing slavery, recognizing African Americans' citizenship, and the right of African American males to vote. It also passed the Civil Rights Act of... |
2018 |
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African/Black American |
| 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... |
2018 |
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African/Black American |
| 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... |
2018 |
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African/Black American |
| 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... |
2018 |
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Asian American |
| 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... |
2018 |
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Hispanic/Latinx American |
| 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... |
2018 |
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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... |
2018 |
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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... |
2018 |
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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... |
2018 |
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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... |
2018 |
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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... |
2018 |
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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... |
2018 |
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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... |
2018 |
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