AuthorTitleCitationSummaryYearGender in title or SummaryEthnicity Identified in Title
Angela Gilmore Employment Protection for Lesbians and Gay Men 6 Law and Sexuality: A Review of Lesbian & Gay Legal Issues 83 (1996) I. Introduction. 83 II. Employment At Will and the Common-Law Exceptions. 85 A. Generally. 85 B. Contract Exception. 86 C. Promissory Estoppel Exception To At Will Employment. 89 D. Good Faith Exception. 91 E. Public Policy Exception. 92 III. Statutory Hurdles. 95 A. Title VII. 96 B. State Nondiscrimination Statutes. 97 IV. Lifestyle Protection...; Search Snippet: ...Gay Legal Issues 1996 EMPLOYMENT PROTECTION FOR LESBIANS AND GAY MEN Angela Gilmore [FNa] Copyright (c) 1996 Law and Sexuality; Angela... 1996 Yes  
Nancy Levit Feminism for Men: Legal Ideology and the Construction of Maleness 43 UCLA Law Review 1037 (April, 1996) Introduction . 1038 I. Feminist Legal Theory and the Treatment of Men . 1041 A. Liberal Feminism or Equal Treatment Theory: Men as Objects of Analysis . 1042 B. Cultural Feminism or Difference Theory: Men as Other . 1044 C. Dominance Theory or Radical Feminism: Men Oppressors . 1047 D. Postmodern Feminism: Men Omitted . 1049 E. Feminist Legal...; Search Snippet: ...UCLA LAW REVIEW UCLA Law Review April, 1996 FEMINISM FOR MEN: LEGAL IDEOLOGY AND THE CONSTRUCTION OF MALENESS Nancy Levit [Fna... 1996 Yes  
Cheryl I. Harris Finding Sojourner's Truth: Race, Gender, and the Institution of Property 18 Cardozo Law Review 309 (November, 1996) I want to say a few words about this matter. I am for a woman's rights. I have as much muscle as any man and can do as much work as any man. I have plowed and reaped and husked and chopped and mowed, and can any man do more than that? I have heard much about the sexes being equal; I can carry as much as any man, and can eat as much too, if I can...; Search Snippet: ...Law and United States Slave Regimes FINDING SOJOURNER'S TRUTH: RACE, GENDER, AND THE INSTITUTION OF PROPERTY Cheryl I. Harris [FNa1] Copyright... 1996 Yes  
Rosemary C. Hunter Gender in Evidence: Masculine Norms Vs. Feminist Reforms 19 Harvard Women's Law Journal 127 (Spring, 1996) One of the primary concerns of feminist legal scholarship has been to explore the gender effects of legal rules and practices in order to discover whether, and why, certain areas of law operate systematically to the advantage of men and to the disadvantage of women. This Article explores the gender effects of the rules of evidence and the conduct...; Search Snippet: ...HARVARD WOMENS LAW JOURNAL Harvard Women's Law Journal Spring, 1996 GENDER IN EVIDENCE: MASCULINE NORMS vs. FEMINIST REFORMS Rosemary C. Hunter [FNa1] Copyright ©... 1996 Yes  
B. Tobias Isbell Gender Inequality and Wage Differentials Between the Sexes: Is it Inevitable or Is There an Answer? 50 Washington University Journal of Urban and Contemporary Law 369 (Fall 1996) Labor compensation for many individuals in the United States is still determined by gender, despite over thirty years of civil rights legislation. Specifically, women in the United States labor under an emploment system in which they earn comparatively less than men. In the early 1960s, women earned about 59 for every dollar earned by men. In 1992,...; Search Snippet: ...Journal of Urban and Contemporary Law Fall 1996 Recent Development GENDER INEQUALITY AND WAGE DIFFERENTIALS BETWEEN THE SEXES: IS IT INEVITABLE... 1996 Yes  
Hon. Cameron McGowan Currie, Aleta M. Pillick Gender-based Peremptory Strikes: a Post J.e.b. Analysis 7-FEB South Carolina Lawyer 14 (January/February, 1996) Folklore and stereotypes often guide jury selection. Strategies are driven by a belief that male and female jurors reach different results. These attitudes persist at a time when the U.S. Supreme Court has been promoting the cross-sectional jury ideal, Taylor v. Louisiana, 419 U.S. 522 (1975), prohibiting the use of peremptory strikes in...; Search Snippet: ...SOUTH CAROLINA LAWYER South Carolina Lawyer January/February, 1996 Feature GENDER-BASED PEREMPTORY STRIKES: A POST J.E.B. ANALYSIS Hon. Cameron McGowan... 1996 Yes  
April L. Cherry Social Contract Theory, Welfare Reform, Race, and the Male Sex-right 75 Oregon Law Review 1037 (Winter, 1996) In his 1994 State of the Union Address, President Clinton promised to end welfare as we know it. Many believe that he fulfilled this promise during his 1996 reelection campaign by signing into law a substantially Republican welfare reform bill that radically transforms the way in which government will address the needs of poor women and children....; Search Snippet: ...December, 1996 SOCIAL CONTRACT THEORY, WELFARE REFORM, RACE, AND THE MALE SEX-RIGHT April L. Cherry [FNa] Copyright (c) 1996 University... 1996 Yes  
Laurie A. Keco The Citadel: Last Male Bastion or New Training Ground? 46 Case Western Reserve Law Review 479 (Winter 1996) Almost three years ago, Shannon Richey Faulkner made a simple request: to be admitted to The Citadel, the all-male, state-supported Military College of South Carolina. What began as a college application ended as an intense legal and social controversy which rocked the country. Over the course of the litigation, Faulkner appeared on television news...; Search Snippet: ...Western Reserve Law Review Winter 1996 Note THE CITADEL: LAST MALE BASTION OR NEW TRAINING GROUND? Laurie A. Keco [FNa] Copyright... 1996 Yes  
Suzanne Shale The Conflicts of Law and the Character of Men: Writing Reversal of Fortune and Judgment at Nuremberg 30 University of San Francisco Law Review 991 (Summer 1996) I had a professor, when I went to New York University. . . . I asked him, What's the best way to study to become a writer, playwriter, write movies? And he says, Become a lawyer. Because they are so meticulous on structure . . . [and] presenting a very dramatic thing. We shall not look upon [Sir Edward Marshall Hall's] like again, for the...; Search Snippet: ...Visual Media THE CONFLICTS OF LAW AND THE CHARACTER OF MEN: WRITING REVERSAL OF FORTUNE AND JUDGMENT AT NUREMBERG Suzanne Shale... 1996 Yes  
William E. Adams, Jr. Whose Family Is it Anyway? The Continuing Struggle for Lesbians and Gay Men Seeking to Adopt Children 30 New England Law Review 579 (Spring 1996) Courts across America continue to grapple with the reality of lesbians and gay men raising children. The increasing number of court cases involving lesbians and gay men in the family law area is, in part, a reflection of the growing visibility and political strength of gays and lesbians in this country. Gay and lesbian parents are increasingly...; Search Snippet: ...IS IT ANYWAY? THE CONTINUING STRUGGLE FOR LESBIANS AND GAY MEN SEEKING TO ADOPT CHILDREN William E. Adams, Jr. [FNa] Copyright... 1996 Yes  
Erika L. Johnson A Menace to Society: the Use of Criminal Profiles and its Effects on Black Males 38 Howard Law Journal 629 (Summer 1995) In one of the most memorable scenes in the movie, Menace II Society, actor Charles S. Dutton urges the main character, Cain, a young black male, to leave the brutal conditions of the inner-city. In his final plea, Dutton tells Cain to just survive, because, [t]he hunt is on, and you are the prey! This particular line continues to ring true --...; Search Snippet: ...THE USE OF CRIMINAL PROFILES AND ITS EFFECTS ON BLACK MALES Erika L. Johnson [FNa] Copyright (c) 1995 Howard University School... 1995 Yes African/Black American
Walteen Grady Truely , Martha F. Davis Public Education Programs for African-american Males: a Gender Equity Perspective 21 New York University Review of Law and Social Change 725 (1994-1995) Introduction I. Education Proposals Addressing the Crisis of African-American Males. 728 A. The Range of Proposals. 729 1. System-Wide Education Restructuring. 729 2. African-American Male Advocates. 730 3. Single-Sex Schools. 730 B. Research on Single-Sex and Single-Race Schooling. 731 II. Women's Educational Equity Concerns. 732 A. The Nature of...; Search Snippet: ...A Colloquium on Public Education Reform PUBLIC EDUCATION PROGRAMS FOR AFRICAN- AMERICAN MALES: A GENDER EQUITY PERSPECTIVE Walteen Grady Truely [FNa] Martha F. Davis [Fnaa... 1995 Yes African/Black American
Lester M. Cuffie The Political/economic Plight of African American Men & the Million Man March 9-DEC NBA National Bar Association Magazine 18 (November/December, 1995) Strength carried to the extreme can become weakness. African-Americans have invested our strength in the development of America, in business lexicon it's called Sweat Equity. The experience of making America the political/economic superpower that it is today, have been shared by people of many continents. Black Men have built the nation, forged...; Search Snippet: ...Magazine November/December, 1995 Feature THE POLITICAL/ECONOMIC PLIGHT OF AFRICAN AMERICAN MEN & THE MILLION MAN MARCH Lester M. Cuffie [FNa1] Copyright (c) 1995 by the... 1995 Yes African/Black American
Peter Halewood White Men Can't Jump: Critical Epistemologies, Embodiment, and the Praxis of Legal Scholarship 7 Yale Journal of Law & Feminism Feminism 1 (1995) Dehumanization . . . marks not only those whose humanity has been stolen, but also . . . those who have stolen it . . . . The oppressors, who oppress, exploit, and rape by virtue of their power, cannot find in this power the strength to liberate either the oppressed or themselves. Only power that springs from the weakness of the oppressed will be...; Search Snippet: ...LAW AND FEMINISM Yale Journal of Law & Feminism 1995 WHITE MEN CAN'T JUMP: CRITICAL EPISTEMOLOGIES, EMBODIMENT, AND THE PRAXIS OF LEGAL... 1995 Yes White
David M. Seitz Constitutional Law--jury Selection--peremptory Challenges--the United States Supreme Court Held That Intentional Gender Discrimination by State Actors When Exercising Peremptory Challenges in the Jury Selection Process Violates the Equal Protection Clause 33 Duquesne Law Review 1033 (Summer, 1995) A complaint for paternity and child support was filed by the State of Alabama (the State) on behalf of T.B., the mother of a minor child, against petitioner J.E.B. (the Petitioner) in the District Court of Jackson County, Alabama. A pool of thirty-six potential jurors was available when the matter came to trial, three of whom were subsequently...; Search Snippet: ...PEREMPTORY CHALLENGES--THE UNITED STATES SUPREME COURT HELD THAT INTENTIONAL GENDER DISCRIMINATION BY STATE ACTORS WHEN EXERCISING PEREMPTORY CHALLENGES IN THE... 1995 Yes  
Abbe Smith Criminal Responsibility, Social Responsibility, and Angry Young Men: Reflections of a Feminist Criminal Defense Lawyer 21 New York University Review of Law and Social Change 433 (1994-1995) I. Short Stories and Court Stories . 433 A. A Crime of Passion . 433 B. A Crime of Self-Defense . 437 C. A Crime of Despair . 440 D. Which Story is Heard . 443 II. The Context of the Stories . 450 A. The Immediate Context: A Hostile Criminal System . 450 B. The Broader Context: Individual Responsibility in an Out-of-Control Society . 457 III. When...; Search Snippet: ...Change 1994-1995 CRIMINAL RESPONSIBILITY, SOCIAL RESPONSIBILITY, AND ANGRY YOUNG MEN: REFLECTIONS OF A FEMINIST CRIMINAL DEFENSE LAWYER Abbe Smith [Fna... 1995 Yes  
Evan Wolfson Crossing the Threshold: Equal Marriage Rights for Lesbians and Gay Men and the Intra-community Critique 21 New York University Review of Law and Social Change 567 (1994-1995) L1-2Introduction 568 I. Baehr v. Lewin Opens The Door To Equal Marriage Rights for Lesbians and Gay Men . 571 A. Baehr v. Lewin . 572 B. The State's Attempts to Defend the Different-Sex Restriction . 576 C. The Meaning of Baehr v. Lewin . 580 II. Responding to the Intra-community Critique . 581 A. The Critique that Marriage is an Inherently...; Search Snippet: ...CROSSING THE THRESHOLD: EQUAL MARRIAGE RIGHTS FOR LESBIANS AND GAY MEN AND THE INTRA-COMMUNITY CRITIQUE Evan Wolfson [FNa] Copyright ©... 1995 Yes  
Holly Maguigan Cultural Evidence and Male Violence: Are Feminist and Multiculturalist Reformers on a Collision Course in Criminal Courts? 70 New York University Law Review 36 (April, 1995) While both feminists and multiculturalists have advocated for inclusion of a wider variety of voices in American jurisprudence, they have recently perceived themselves to be on opposite sides of a vigorously disputed issue: whether to permit criminal defendants to introduce cultural evidence. Some feminists argue that any admissibility of cultural...; Search Snippet: ...New York University Law Review April, 1995 CULTURAL EVIDENCE AND MALE VIOLENCE: ARE FEMINIST AND MULTICULTURALIST REFORMERS ON A COLLISION COURSE... 1995 Yes  
Mary Anne C. Case Disaggregating Gender from Sex and Sexual Orientation: the Effeminate Man in the Law and Feminist Jurisprudence 105 Yale Law Journal 1 (October, 1995) C1-3Contents I. Introduction. 2 II. On Terminology: Gender Is for Adjectives, Sex Is for Nouns. 9 III. History and Theory of Gender Bending: Herein of Hic Mulier and Haec Vir. 18 IV. The Case Law of Gender Bending. 36 A. Herein of Ann Hopkins and Bennie Smith. 36 1. Hopkins and Sex Stereotyping. 36 2. Smith, Strailey, and Effeminacy. 46 B. Applying...; Search Snippet: ...789005 YALE LAW JOURNAL Yale Law Journal October, 1995 DISAGGREGATING GENDER FROM SEX AND SEXUAL ORIENTATION: THE EFFEMINATE MAN IN THE LAW AND FEMINIST JURISPRUDENCE Mary Anne C. Case... 1995 Yes  
Kathleen Daly Gender and Sentencing: What We Know and Don't Know from Empirical Research 1995 Federal Sentencing Reporter 862010 (12/1/1995) Many claims are made about gender differences in sentencing. I review what we know and don't know from empirical research on judicial paternalism and the more lenient treatment of women compared to men. I then challenge several arguments made by Ilene Nagel and Barry Johnson on equal treatment, special treatment, and gender-neutrality in sentencing...; Search Snippet: ...Reporter Volume 8, Number 3 November/December, 1995 KATHLEEN DALY GENDER AND SENTENCING: WHAT WE KNOW AND DON'T KNOW FROM EMPIRICAL... 1995 Yes  
Phyllis J. Newton, Jill Glazer, Kevin Blackwell Gender, Individuality and the Federal Sentencing Guidelines 1995 Federal Sentencing Reporter 862007 (12/1/1995) Historically, gender has played an important role in determining sanctions for criminal and delinquent conduct. The direction of that role, i.e., mitigation or aggravation, has varied. Often for status offenses, such as running away from home, young female defendants received stiffer sanctions than did their male counterparts. On the other hand,...; Search Snippet: ...Volume 8, Number 3 November/December, 1995 PHYLLIS J. NEWTON GENDER, INDIVIDUALITY AND THE FEDERAL SENTENCING GUIDELINES December 1, 1995 Phyllis... 1995 Yes  
Edmund L. Quatmann, Jr. J.e.b. V. Alabama ex Rel. T.b.: the Extension of the Equal Protection Clause to Gender-based Peremptory Challenges -- Is this the End? 39 Saint Louis University Law Journal 1349 (Summer 1995) I don't like women jurors because I can't trust them. A woman is inclined to forgive sin in the opposite sex; but definitely not her own . . . . I would want very few women. . . . Women are more punitive than men by a score of about five to one. [W]omen tend more than men to base their verdicts on the physical appearance of a defendant. THE...; Search Snippet: ...T.B.: [FNa] THE EXTENSION OF THE EQUAL PROTECTION CLAUSE TO GENDER-BASED PEREMPTORY CHALLENGES -- IS THIS THE END? Edmund L. Quatmann... 1995 Yes  
Kevin R. Johnson Public Benefits and Immigration: the Intersection of Immigration Status, Ethnicity, Gender, and Class 42 UCLA Law Review 1509 (8/1/1995) Introduction. 1510 I. Menaces to Society: Public Charges, Welfare Mothers, and Criminal Aliens'. 1519 A. Immigrants and Public Benefits: A History of Fear. 1519 B. The Ineligibility of Undocumented Persons for Most Major Federal Public Assistance Programs. 1528 C. Outlaw Aliens': Benefit Recipients and Criminals. 1531 D. Immigration Benefit...; Search Snippet: ...PUBLIC BENEFITS AND IMMIGRATION: THE INTERSECTION OF IMMIGRATION STATUS, ETHNICITY, GENDER, AND CLASS Kevin R. Johnson [FNa] Copyright (c) 1995 Regents... 1995 Yes  
Katherine M. Franke The Central Mistake of Sex Discrimination Law:the Disaggregation of Sex from Gender 144 University of Pennsylvania Law Review 1 (November, 1995) Contemporary sex discrimination jurisprudence accepts as one of its foundational premises the notion that sex and gender are two distinct aspects of human identity. That is, it assumes that the identities male and female are different from the characteristics masculine and feminine. Sex is regarded as a product of nature, while gender is understood...; Search Snippet: ...MISTAKE OF SEX DISCRIMINATION LAW:THE DISAGGREGATION OF SEX FROM GENDER Katherine M. Franke [FNd] Copyright (c) 1995 University of Pennsylvania... 1995 Yes  
Joshua Dressler When "Heterosexual" Men Kill "Homosexual" Men: Reflections on Provocation Law, Sexual Advances, and the "Reasonable Man" Standard 85 Journal of Criminal Law and Criminology 726 (Winter, 1995) Most of the time a criminal law that reflects male views and male standards imposes its judgment on men who have injured other men. It is boys' rules applied to a boy's fight. In a recent article, Robert Mison asked the following simple question: Should a nonviolent [homo] sexual advance in and of itself constitute sufficient provocation to...; Search Snippet: ...of Criminal Law and Criminology Winter, 1995 Commentaries WHEN HETEROSEXUAL MEN KILL HOMOSEXUAL MEN: REFLECTIONS ON PROVOCATION LAW, SEXUAL ADVANCES, AND THE REASONABLE MAN STANDARD [FNa1] Joshua Dressler [FNaa1] Copyright (c) 1995 by the... 1995 Yes  
Joshua E. Kimerling Black Male Academies: Re-examining the Strategy of Integration 42 Buffalo Law Review 829 (Fall, 1994) As a result of persistent educational achievement disparities between black and white American students, and particularly in response to the current educational plight of black American males, educators are proposing and implementing various novel remedial measures. One of the more prominent, but controversial, of these measures is thecreation of...; Search Snippet: ...BUFFALO LAW REVIEW Buffalo Law Review Fall, 1994 Comment BLACK MALE ACADEMIES: RE-EXAMINING THE STRATEGY OF INTEGRATION Joshua E. Kimerling... 1994 Yes African/Black American
Lundy Langston Force African-american Fathers to Parent Their Delinquent Sons--a Factor to Be Considered at the Dispositional Stage 4 Columbia Journal of Gender and Law 173 (1994) Listen to the lambs, all are crying. --Afro-American hymn What species can survive and function when a substantial segment of its young male population is harnessed by the burdens of substance abuse, unemployment, and incarceration? Empirical data suggests that these maladies have infected African-American males at a rate alarmingly...; Search Snippet: ...Law 1994 FORCE AFRICAN-AMERICAN FATHERS TO PARENT THEIR DELINQUENT SONS--A FACTOR TO BE CONSIDERED AT THE DISPOSITIONAL STAGE Lundy... 1994 Yes African/Black American
Dwight L. Greene Naughty by Nurture: Black Male Joyriding--is Everything Gonna Be Alright? 4 Columbia Journal of Gender and Law 73 (1994) This Article is the final work of Professor Greene's extensive contribution to the study of the intersection of law and race. Professor Greene was still in the process of developing this work when he was murdered on July 5, 1993. The Journal collaborated with Professor Greene's friend and colleague, Professor Twyla Tharp of Rutgers University, and...; Search Snippet: ...Journal of Gender and Law 1994 NAUGHTY BY NURTURE: BLACK MALE JOYRIDING--IS EVERYTHING GONNA BE ALRIGHT? Dwight L. Greene [FNa1... 1994 Yes African/Black American
Michael A. Middleton Small Numbers, Black Men, Precipitous Responses, Big Problems 23 Capital University Law Review 267 (1994) Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of...; Search Snippet: ...LAW REVIEW Capital University Law Review 1994 SMALL NUMBERS, BLACK MEN, PRECIPITOUS RESPONSES, BIG PROBLEMS Michael A. Middleton [FNa1] Copyright ©... 1994 Yes African/Black American
Robin K. Magee The Myth of the Good Cop and the Inadequacy of Fourth Amendment Remedies for Black Men: Contrasting Presumptions of Innocence and Guilt 23 Capital University Law Review 151 (1994) C1-3Table of Contents L1-2Introduction 153 I. The Myth of the Good Cop. 160 A. The Exclusionary Rule Cases. 161 B. Pretextual Activity. 167 C. Deference, Discretion, and Esteeming Police and Their Decisions. 172 1. Discretion and deference: defined. 173 a. Discretion. 174 i. identifying and scrutinizing the quantum of evidence under Terry as an...; Search Snippet: ...COP AND THE INADEQUACY OF FOURTH AMENDMENT REMEDIES FOR BLACK MEN: CONTRASTING PRESUMPTIONS OF INNOCENCE AND GUILT Robin K. Magee [FNa1... 1994 Yes African/Black American
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