| Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
| Meredith Render |
The Man, the State and You: the Role of the State in Regulating Gender Hierarchies |
14 American University Journal of Gender, Social Policy and the Law 73 (2006) |
Abstract. 73 Introduction: Women are Still Treated Differently at Work, But the Assimilation Model Has Helped Us to Stop Caring. 74 I. Conceptualizing Equality in a Hierarchical Schema. 82 A. The Current Gender Schematic: Cherry-Picking and Trickle-Down. 84 B. If to Schema is Human, then Whether to Schema is not the Question. 98 C. Discrimination...; Search Snippet: ...of Gender, Social Policy and the Law 2006 Article THE MAN, THE STATE AND YOU: THE ROLE OF THE STATE IN REGULATING GENDER HIERARCHIES Meredith Render [FNa1] Copyright (c) 2006 American University Journal... |
2006 |
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| David Dante Troutt |
A Portrait of the Trademark as a Black Man: Intellectual Property, Commodification, and Redescription |
38 U.C. Davis Law Review 1141 (April, 2005) |
Introduction. 1142 I. A Portrait of the Trademark as a Black Man: An Allegorical Business Plan. 1149 II. Intellectual Property: Rights Acquisition and Expansion Amid the Consumption of Hyperreality. 1155 A. Registration and Validity. 1156 B. The Lanham Act § 43(a) and Protection of Persona. 1160 1. The Lanham Act § 43(a). 1160 2. Perception and...; Search Snippet: ...2005 Article A PORTRAIT OF THE TRADEMARK AS A BLACK MAN: INTELLECTUAL PROPERTY, COMMODIFICATION, AND REDESCRIPTION David Dante Troutt [FNa1] Copyright... |
2005 |
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African/Black American |
| Allison M. Dussias |
Kennewick Man, Kinship, and the "Dying Race": the Ninth Circuit's Assimilationist Assault on the Native American Graves Protection and Repatriation Act |
84 Nebraska Law Review 55 (2005) |
I. Introduction. 56 II. Documenting the Dying Race: Imperial Anthropology Encounters Native Americans. 61 III. Let My People Go: The Native American Graves Protection and Repatriation Act and its Application to the Ancient One. 74 A. Understanding NAGPRA and its Key Goals. 74 B. Parsing the Statute--The Who, What, When, and Where of NAGPRA. 77 1....; Search Snippet: ...2387842 NEBRASKA LAW REVIEW Nebraska Law Review 2005 Article KENNEWICK MAN, KINSHIP, AND THE DYING RACE: THE NINTH CIRCUIT'S ASSIMILATIONIST ASSAULT ON THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Allison M. Dussias [FNa1] Copyright... |
2005 |
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American Indian/Alaskan Native |
| Aaron M. Clemens |
Executing Homosexuality: Removing Anti-gay Bias from Capital Trials |
6 Georgetown Journal of Gender and the Law 71 (2005) |
L1-2Introduction . R372. I. Anti-Gay Bias as a Concern. 75 A. Prevalence of Anti-Gay Attitudes. 75 B. Falsely Linking Homosexuality to crime. 77 C. Addressing Juror's Anti-Gay Bias to Prevent Unjust Execution. 78 D. Anti-Gay Attitudes Can Result in Illegitimate Executions. 81 II. Standard for Removing a Juror for Cause. 85 III. Determining Anti-Gay...; Search Snippet: ...more anti-gay bias than bias against females, blacks, or Latinos, or that public admission of anti-gay bias remains socially... |
2005 |
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Multiple Groups |
| Celestial S.D. Cassman , Lisa R. Pruitt |
A Kinder, Gentler Law School? Race, Ethnicity, Gender, and Legal Education at King Hall |
38 U.C. Davis Law Review 1209 (April, 2005) |
I. Studies of Race, Ethnicity, Gender, and Legal Education. 1218 A. Gender. 1219 B. Race and Ethnicity. 1222 II. A Profile of King Hall. 1224 A. A Kinder, Gentler Law School: Reputation, Rhetoric, Reality?. 1225 B. Curriculum and Public Academic Environment. 1229 C. Demographics. 1231 III. The King Hall Law Student Survey. 1234 A. Survey Design....; Search Snippet: ...April, 2005 Article A KINDER, GENTLER LAW SCHOOL? RACE, ETHNICITY, GENDER, AND LEGAL EDUCATION AT KING HALL [FNd1] Celestial S.D. Cassman... |
2005 |
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| Martha Chamallas |
Civil Rights in Ordinary Tort Cases: Race, Gender, and the Calculation of Economic Loss |
38 Loyola of Los Angeles Law Review 1435 (Spring 2005) |
These days tort reform has become a code word for initiatives that seek to limit liability and reduce the amount or type of damages plaintiffs receive. It is a one way street that promises few benefits for injured parties or consumers. Tort reform has not always had this meaning. Prior to the 1980s, it was more frequently linked to measures, such...; Search Snippet: ...Civil Justice System? CIVIL RIGHTS IN ORDINARY TORT CASES: RACE, GENDER, AND THE CALCULATION OF ECONOMIC LOSS Martha Chamallas [FNa1] Copyright... |
2005 |
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| Larry Catá Backer |
Director Independence and the Duty of Loyalty: Race, Gender, Class, and the Disney-ovitz Litigation |
79 Saint John's Law Review 1011 (Fall 2005) |
Just as the 85,000-ton cruise ships Disney Magic and Disney Wonder are forced by science to obey the same laws of buoyancy as Disneyland's significantly smaller Jungle Cruise ships, so is a corporate board's extraordinary decision to award a $140 million severance package governed by the same corporate law principles as its everyday decision to...; Search Snippet: ...Public Corporation DIRECTOR INDEPENDENCE AND THE DUTY OF LOYALTY: RACE, GENDER, CLASS, AND THE DISNEY-OVITZ LITIGATION Larry Catá Backer [FNd1... |
2005 |
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| Katharine K. Baker |
Gender and Emotion in Criminal Law |
28 Harvard Journal of Law & Gender 447 (Summer, 2005) |
Despite most people's view that emotion is far from simple, the criminal law's approach to emotion is, for the most part, simplistic. The criminal law acknowledges mechanistic emotionsthose that are immediate, clear, or seemingly instinctivebut it frequently ignores or discounts complicated emotional states. The failure to appreciate or...; Search Snippet: ...Law & Gender Summer, 2005 Focus Section on Law and Emotion GENDER AND EMOTION IN CRIMINAL LAW Katharine K. Baker [FNa1] Copyright... |
2005 |
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| Lucy Fowler |
Gender and Jury Deliberations: the Contributions of Social Science |
12 William and Mary Journal of Women and the Law 1 (Fall, 2005) |
Women were not permitted to serve on juries for most of United States history. As recently as 1961, the United States Supreme Court upheld a state jury selection scheme that permitted women to serve on juries only if they filed a written declaration expressing their desire to be eligible for service. Part I of this article traces this history of...; Search Snippet: ...Mary Journal of Women and the Law Fall, 2005 Article GENDER AND JURY DELIBERATIONS: THE CONTRIBUTIONS OF SOCIAL SCIENCE Lucy Fowler... |
2005 |
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| Angela P. Harris |
Love and Architecture: Race, Nation, and Gender Performances Inside and Outside the State |
52 Cleveland State Law Review 121 (2005) |
In her contribution to this Cluster, Of Desi, J. Lo and Color Matters: Law, Critical Race Theory and the Architecture of Race, Imani Perry adopts a spatial metaphor for exploring the interconnections among race, sex, color, nation, and language, suggesting that we think of race as an architecture. In her desire for a more complex language of...; Search Snippet: ...Law, Theory and Culture LOVE AND ARCHITECTURE: RACE, NATION, AND GENDER PERFORMANCES INSIDE AND OUTSIDE THE STATE Angela P. Harris [FN1... |
2005 |
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| Susan Frelich Appleton |
Missing in Action? Searching for Gender Talk in the Same-sex Marriage Debate |
16 Stanford Law and Policy Review 97 (2005) |
Introduction. 98 I. A Quick Tour of Gender Talk in Same-Sex Marriage Cases & Legal Scholarship. 103 A. The Formal Argument: Sex Classifications. 103 B. Elaborating the Miscegenation Analogy: The Gender Hierarchy. 106 C. The View from Family Law. 110 II. Exploring the Void. 120 A. The Analytical Divide. 120 B. Missing or Camouflaged?: Bringing...; Search Snippet: ...in the Twenty-First Century MISSING IN ACTION? SEARCHING FOR GENDER TALK IN THE SAME-SEX MARRIAGE DEBATE Susan Frelich Appleton... |
2005 |
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| MaryJoy Ballantyne |
One Man's Trash Is Another Man's Treasure: Increasing Patient Autonomy Through a Limited Self-intellectual Property Right |
3 Georgetown Journal of Law and Public Policy 567 (Summer, 2005) |
I Introduction. 568 II. Moore v. Regents of the University of California. 570 A. The Facts. 570 B. Procedural History. 572 C. The California Supreme Court Opinion. 573 III. The Limitations of Moore's Remedy of Informed Consent. 576 A. The Origins of the Informed Consent Doctrine. 576 B. The Judicial Erosion of Informed Consent. 577 C. The Rise of...; Search Snippet: ...Journal of Law and Public Policy Summer, 2005 Note ONE MAN'S TRASH IS ANOTHER MAN'S TREASURE: INCREASING PATIENT AUTONOMY THROUGH A LIMITED SELF-INTELLECTUAL PROPERTY... |
2005 |
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| Isabelle Katz Pinzler |
Separate but Equal Education in the Context of Gender |
49 New York Law School Law Review 785 (2004-2005) |
[I]n the field of public education the doctrine of separate but equal has no place. Separate educational facilities are inherently unequal. Single-sex education affords pedagogical benefits to at least some students, Virginia emphasizes, and that reality is uncontested in this litigation. Similarly, it is not disputed that diversity among public...; Search Snippet: ...of Education SEPARATE BUT EQUAL EDUCATION IN THE CONTEXT OF GENDER Isabelle Katz Pinzler [FNa1] Copyright ( c) 2004 New York Law... |
2005 |
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| Elaine Martin, Barry Pyle |
State High Courts and Divorce: the Impact of Judicial Gender |
36 University of Toledo Law Review 923 (Summer 2005) |
THIS article is the latest in a series of studies of state high court decisions in the area of divorce law. Our first paper was a case study, over a thirteen year period, of the Michigan State Supreme Court. We found that both Republican and Democratic, Caucasian, female justices were likely to transcend party lines and vote with their sister...; Search Snippet: ...Symposium STATE HIGH COURTS AND DIVORCE: THE IMPACT OF JUDICIAL GENDER Elaine Martin Barry Pyle [FNa1] Copyright (c) 2005 University of... |
2005 |
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| Doriane Lambelet Coleman |
The Alchemy of a Moral Discourse about the Biology of Gender: Historical Sensitivity, Genetic Literacy, and the Will to Imagine a Different Equality |
11 Cardozo Women's Law Journal 543 (Summer 2005) |
When it comes to explaining human thought and behavior, the possibility that heredity plays any role at all still has the power to shock. To acknowledge human nature, many think, is to endorse racism, sexism, war, greed, genocide, nihilism, reactionary politics, and neglect of children and the disadvantaged. Any claim that the mind has an innate...; Search Snippet: ...THE ALCHEMY OF A MORAL DISCOURSE ABOUT THE BIOLOGY OF GENDER: HISTORICAL SENSITIVITY, GENETIC LITERACY, AND THE WILL TO IMAGINE A... |
2005 |
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The Feminist Pervasion: How Gender-based Scholarship Informs Law and Law Teaching |
15 Southern California Review of Law and Women's Studies 3 (Fall 2005) |
An edited panel discussion conducted on Thursday, July 24, 2003, at the annual conference and meeting of the Southeastern Association of Law Schools (SEALS) Moderator: Joan MacLeod Heminway Panelists: Ann Bartow F. Carolyn Graglia Deseriee Kennedy PROFESSOR HEMINWAY: Good morning. I am delighted to welcome you to our moderated panel discussion. The...; Search Snippet: ...and Women's Studies Fall 2005 Article THE FEMINIST PERVASION: HOW GENDER-BASED SCHOLARSHIP INFORMS LAW AND LAW TEACHING Copyright (c) 2005... |
2005 |
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| Pamela A. Wilkins |
The Mark of Cain: Disenfranchised Felons and the Constitutional No Man's Land |
56 Syracuse Law Review 85 (2005) |
Introduction. 86 I. The Disenfranchisement Of Felons: An Overview. 90 A. General Overview. 90 B. Overview of Twentieth and Twenty-first Century Legal Challenges to Disenfranchisement. 94 1. Equal Protection Cases. 95 a. Richardson v. Ramirez. 95 b. Hunter v. Underwood and Its Progeny. 96 2. Voting Rights Cases. 97 II. Barriers to Serious...; Search Snippet: ...THE MARK OF CAIN: DISENFRANCHISED FELONS AND THE CONSTITUTIONAL NO MAN'S LAND Pamela A. Wilkins [FNd1] Copyright (c) 2005 Syracuse Law... |
2005 |
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| Deborah M. Weissman |
The Political Economy of Violence: Toward an Understanding of the Gender-based Murders of Ciudad Juárez |
30 North Carolina Journal of International Law and Commercial Regulation 795 (Summer 2005) |
I. Introduction. 795 II. Gender and Violence in the Transformation of Ciudad Juárez. 800 A. The Murders of Women in Ciudad Juárez. 800 B. Murder Theories. 805 C. Situating Ciudad Juárez. 809 III. Global Economics and Their Progenies: Theorizing Gender Murders in Context. 825 A. Crime in Context: Economic Liberalization, Crime, and Deviancy. 826 B....; Search Snippet: ...THE POLITICAL ECONOMY OF VIOLENCE: TOWARD AN UNDERSTANDING OF THE GENDER-BASED MURDERS OF CIUDAD JUÁREZ Deborah M. Weissman [FNd1] Copyright... |
2005 |
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| Minna J. Kotkin |
Theresa M. Beiner, Gender Myths V. Working Realities: Using Social Science to Reformulate Sexual Harassment Law, New York: New York University Press, 2005. Pp. X + 262 |
55 Journal of Legal Education 613 (December, 2005) |
When did sexual harassment stop being a joke and start being a wrong? Sometime between the publication of Catharine MacKinnon's Sexual Harassment of Women in 1979 and the Supreme Court's 1986 decision in Meritor Savings Bank v. Vinson, New Yorker cartoons of the boss chasing the secretary around the desk no longer seemed funny, and a flirtation or...; Search Snippet: ...of Legal Education December, 2005 Book Review THERESA M. BEINER, GENDER MYTHS v. WORKING REALITIES: USING SOCIAL SCIENCE TO REFORMULATE SEXUAL... |
2005 |
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| Edward G. Kramer, Amanda Reece |
One Man's Castle: Clarence Darrow in Defense of the American Dream Phyllis Vine Harper Collins Publishers Www.harpercollins.com 352 Pp., $24.95 |
40-NOV Trial 83 (November, 2004) |
One Man's Castle tells the story of one of Clarence Darrow's lesser-known cases, in which he defended members of an African-American family charged with conspiracy to murder after protecting their newly purchased home from an angry mob whose members did not want an African-American family moving into the all-white neighborhood. Residential housing...; Search Snippet: ...2004 WL 2595990 TRIAL Trial November, 2004 Department Book ONE MAN'S CASTLE: CLARENCE DARROW IN DEFENSE OF THE AMERICAN DREAM PHYLLIS... |
2004 |
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African/Black American |
| Verna L. Williams |
Reform or Retrenchment? Single-sex Education and the Construction of Race and Gender |
2004 Wisconsin Law Review 15 (2004) |
Introduction. 16 I. Legally Cloudy or Clear?: The Law Regarding Single-Sex Education and the Bush Proposal to Modify It. 27 II. Looking Backward to Look Ahead: Race- and Sex-Based Segregation in Education. 37 A. The History of Educating African Americans: Segregation Constructing Race and Gender. 39 1. Racialized Realities: Determining the Best...; Search Snippet: ...RETRENCHMENT? SINGLE-SEX EDUCATION AND THE CONSTRUCTION OF RACE AND GENDER Verna L. Williams [FNa1] Copyright (c) 2004 By the Board... |
2004 |
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African/Black American |
| Julissa Reynoso |
Perspectives on Intersections of Race, Ethnicity, Gender, and Other Grounds: Latinas at the Margins |
7 Harvard Latino Law Review 63 (Spring, 2004) |
A review of United States law reveals that the most common approach to discrimination claims is one that focuses on a single ground for discrimination, such as race, gender, disability, or national origin. This Article proposes an alternative approach to discrimination claims--an analysis that takes into account the lived realities of individuals...; Search Snippet: ...Review Spring, 2004 Article PERSPECTIVES ON INTERSECTIONS OF RACE, ETHNICITY, GENDER, AND OTHER GROUNDS: LATINAS AT THE MARGINS Julissa Reynoso [FNa1] Copyright © 2004 by the... |
2004 |
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Hispanic/Latinx American |
| Charles A. Sullivan |
The World Turned Upside Down?: Disparate Impact Claims by White Males |
98 Northwestern University Law Review 1505 (Summer 2004) |
Over my years teaching Employment Discrimination, students have frequently asked whether the disparate impact theory could be used by whites or males, or whether it was limited to minorities and women. My reaction to the question has changed over time. Originally, I was pleased that the students had absorbed the lesson of McDonald v. Santa Fe Trail...; Search Snippet: ...THE WORLD TURNED UPSIDE DOWN?: DISPARATE IMPACT CLAIMS BY WHITE MALES Charles A. Sullivan [FNa1] Copyright (c) 2004 Northwestern University School... |
2004 |
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White |
| Timothy T. Clydesdale |
A Forked River Runs Through Law School: Toward Understanding Race, Gender, Age, and Related Gaps in Law School Performance and Bar Passage |
29 Law and Social Inquiry 711 (Fall 2004) |
Analyses of the National Longitudinal Bar Passage Study (N = 27,478), demonstrate that law schools enlarge entering academic differences across race, age, disability, and socioeconomic origins rather than reduce them, and that academic differences in turn impact bar passage. Such differences cannot be reduced to (1) academic preparation, effort, or...; Search Snippet: ...A FORKED RIVER RUNS THROUGH LAW SCHOOL: TOWARD UNDERSTANDING RACE, GENDER, AGE, AND RELATED GAPS IN LAW SCHOOL PERFORMANCE AND BAR... |
2004 |
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| Katrina C. Rose |
A History of Gender Variance in Pre-20 Century Anglo-american Law |
14 Texas Journal of Women and the Law 77 (Fall 2004) |
I. Introduction. 78 II. The Relevance Today. 82 A. The Gender Recognition Act of 2004. 82 B. What Came Before. 84 III. Hermaphrodites and the Law. 86 A. History. 86 B. Today. 89 IV. Three Cases in Point. 91 A. The Hall Case of 1629. 91 B. Hunt v. Poulter. 98 C. The Queen v. Boulton and Others. 102 V. Other Cases. 108 A. England. 108 B. America--The...; Search Snippet: ...Women and the Law Fall 2004 Article A HISTORY OF GENDER VARIANCE IN PRE-20 TH CENTURY ANGLO-AMERICAN LAW Katrina C... |
2004 |
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| David E. Bernstein, George Mason University |
Barbara Young Welke, Recasting American Liberty: Gender, Race, Law, and the Railroad Revolution, 1865-1920. New York: Cambridge University Press; 2001. Xx, 405 Pp. $65.00 (Cloth). $23.00 (Paper) |
46 American Journal of Legal History 86 (January, 2004) |
Recasting American Liberty provides a commendable example of using case reports to support a powerful thesis. Barbara Welke relies on legal cases involving railroads to show the important role gender played in creating injury, in the social construction of injury, and in determining the legal system's response to injury. For example, a lady was...; Search Snippet: ...January, 2004 Book Review BARBARA YOUNG WELKE, RECASTING AMERICAN LIBERTY: GENDER, RACE, LAW, AND THE RAILROAD REVOLUTION, 1865-1920. NEW YORK... |
2004 |
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| Richard J. Lundman |
Driver Race, Ethnicity, and Gender and Citizen Reports of Vehicle Searches by Police and Vehicle Search Hits: Toward a Triangulated Scholarly Understanding |
94 Journal of Criminal Law and Criminology 309 (Winter 2004) |
The debate over race and ethnically targeted vehicle searches by police is currently dominated by two loosely organized and very different coalitions. The first consists of civil rights and social movement organizations, such as the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP),...; Search Snippet: ...Law and Criminology Winter 2004 Criminology DRIVER RACE, ETHNICITY, AND GENDER AND CITIZEN REPORTS OF VEHICLE SEARCHES BY POLICE AND VEHICLE... |
2004 |
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| Peggie R. Smith |
Elder Care, Gender, and Work: the Work-family Issue of the 21 Century |
25 Berkeley Journal of Employment and Labor Law 351 (2004) |
Introduction. 352 I. Background. 355 A. Demographic Transformations: The Aging of the Baby Boomers. 355 B. The Need for Elder Care. 356 C. The Gendered Dimensions of Elder Care. 360 II. Elder Care as a Work-Family Issue for Employees. 364 A. Elder Care versus Child Care. 365 1. Care Reversals. 365 2. Proximity Concerns: Too Close for Comfort and...; Search Snippet: ...Journal of Employment and Labor Law 2004 Article ELDER CARE, GENDER, AND WORK: THE WORK-FAMILY ISSUE OF THE 21 ST CENTURY... |
2004 |
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| A. Dean Byrd, Ph.D, MBA, MPH |
Gender Complementarity and Child-rearing: Where Tradition and Science Agree |
6 Journal of Law and Family Studies 213 (2004) |
The notion that all family forms are equally as helpful or healthful for children has no basis in science. Indeed, there is no better example than the extensive research on children reared in single-parent families. The most authoritative evidence on children growing up in single-parent families (most often headed by single mothers) concluded...; Search Snippet: ...FAMILY STUDIES Journal of Law and Family Studies 2004 Article GENDER COMPLEMENTARITY AND CHILD-REARING: WHERE TRADITION AND SCIENCE AGREE A... |
2004 |
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| Sarah Westergren |
Gender Effects in the Courts of Appeals Revisited: the Date since 1994 |
92 Georgetown Law Journal 689 (March, 2004) |
When the realist school of legal theory emerged in the 1930s, scholars for the first time began to examine the influence of judges' personal identities on their decisionmaking. The realist school challenged the predominant view that legal principles were universal and rational, contending instead that judicial decisions were essentially political,...; Search Snippet: ...2341855 GEORGETOWN LAW JOURNAL Georgetown Law Journal March, 2004 Note GENDER EFFECTS IN THE COURTS OF APPEALS REVISITED: THE DATE SINCE... |
2004 |
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