Author | Title | Citation | Summary | Year | Gender in title or Summary | Ethnicity Identified in Title |
Miriam H. Ruttenberg |
A Feminist Critique of Mandatory Arrest: an Anallysis of Race and Gender in Domestic Violence Policy |
2 American University Journal of Gender & the Law 171 (Spring, 1994) |
Men have beaten their wives and partners for centuries with no retribution from the criminal justice system. Only recently has domestic violence been targeted by the government as a problem warranting criminal sanctions. For example, in the past two decades many states have enacted mandatory arrest statutes. These statutes are designed to send the...; Search Snippet: ...FEMINIST CRITIQUE OF MANDATORY ARREST: AN ANALLYSIS OF RACE AND GENDER IN DOMESTIC VIOLENCE POLICY Miriam H. Ruttenberg [FNa1] Copyright ©... |
1996 |
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Walter B. Connolly, Jr. , Jeffrey D. Adelman |
A University's Defense to a Title Ix Gender Equity in Athletics Lawsuit: Congress Never Intended Gender Equity Based on Student Body Ratios |
71 University of Detroit Mercy Law Review 845 (Summer, 1994) |
I. Introduction . 845 II. An Overview of Title IX . 849 III. The Intercollegiate Athletic Provisions of Title IX . 854 IV. OCR's Interpretation of the Intercollegiate Athletic Provisions of Title IX. 856 V. Judicial Interpretations of the Intercollegiate Athletic Provisions of Title IX . 868 VI. University Responses to Title IX Audits and Private...; Search Snippet: ...Review Summer, 1994 A UNIVERSITY'S DEFENSE TO A TITLE IX GENDER EQUITY IN ATHLETICS LAWSUIT: CONGRESS NEVER INTENDED GENDER EQUITY BASED ON STUDENT BODY RATIOS Walter B. Connolly, Jr... |
1996 |
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Kimberly Jade Norwood |
Adult Complicity in the Dis-education of the Black Male High School Athlete & Societal Failures to Remedy His Plight |
34 Thurgood Marshall Law Review 21 (Fall, 2008) |
This essay is being published in conjunction with a Symposium hosted by the Thurgood Marshall Law School on Education and the Bewilderment of Race. Given the Supreme Court's retreat from what Brown v. Board of Education of Topeka, Shawnee County, Kansas, et. al, stood for in its 2007 decision in Parents Involved in Community Schools v. Seattle...; Search Snippet: ...Article ADULT COMPLICITY IN THE DIS-EDUCATION OF THE BLACK MALE HIGH SCHOOL ATHLETE & SOCIETAL FAILURES TO REMEDY HIS PLIGHT Kimberly... |
1996 |
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African/Black American |
Peter A. Gaudioso |
Batson's Incomplete Legacy: Gender Discrimination and the Peremptory Challenge |
3 Seton Hall Constitutional Law Journal 475 (Fall, 1993) |
In the seminal case Batson v. Kentucky, the Supreme Court of the United States held that in criminal prosecutions, the state's exercise of peremptory challenges to exclude African-Americans from the jury panel violated the Equal Protection Clause of the Fourteenth Amendment. Shortly thereafter, in a series of decisions rendered on the heels of...; Search Snippet: ...Hall Constitutional Law Journal Fall, 1993 Comment BATSON'S INCOMPLETE LEGACY: GENDER DISCRIMINATION AND THE PEREMPTORY CHALLENGE Peter A. Gaudioso Copyright ©... |
1996 |
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Stacy A. Dowling |
Constitutional Law - Fourteenth Amendment -- Equal Protection Clause Prohibits Litigants from Exercising Peremptory Challenges on the Basis of Gender - J.e.b. V. Alabama ex Rel T.b., 114 S. Ct. 1419 (1994). |
25 Seton Hall Law Review 756 (1994) |
The Supreme Court has historically exalted the peremptory challenge as an important element in achieving a fair and impartial jury trial in both criminal and civil cases. During voir dire, the system gives litigants the opportunity to strike potential jurors in two ways: for cause or peremptorily. Litigants employ the challenge for cause to...; Search Snippet: ...PROHIBITS LITIGANTS FROM EXERCISING PEREMPTORY CHALLENGES ON THE BASIS OF GENDER - J.E.B. V. ALABAMA EX REL T.B., 114 S. CT. 1419... |
1996 |
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Stacie L. Sanders |
Constitutional Law: Eliminating Gender-based Peremptory Strikes: the End of the Peremptory Challenge? [J.e.b. V. Alabama Ex. Rel. T.b., 114 S.ct. 1419 (1994)] |
34 Washburn Law Journal 193 (Fall, 1994) |
In J.E.B. v. Alabama ex rel. T.B., the United States Supreme Court addresses whether the United States Constitution's Equal Protection Clause precludes the State from using peremptory challenges to intentionally discriminate on the basis of gender. In a six-three decision, the United States Supreme Court holds a state actor's intentional gender...; Search Snippet: ...JOURNAL Washburn Law Journal Fall, 1994 Comment CONSTITUTIONAL LAW: ELIMINATING GENDER-BASED PEREMPTORY STRIKES: THE END OF THE PEREMPTORY CHALLENGE? [J.E.B... |
1996 |
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Edward McGlynn Gaffney, Jr. |
Dead Man Walking: an Eyewitness Account of the Death Penalty in the United States . By Helen Prejean. New York: Vintage Books 1996. Pp. Xi, 276. $13.00. Isbn: 0-679-75131-9. |
16 Journal of Law and Religion 393 (2001) |
Just as popular support for the death penalty in America reached an all time high in the 1990s, both in raw numbers in Texas (opinion polls running as high as 90% in favor of the death penalty in that state) and in intensity of feelings throughout the nation, doubt arose about the rightness of the consensus. In 1995 Pope John Paul II condemned...; Search Snippet: ...RELIGION Journal of Law and Religion 2001 Review Essay DEAD MAN WALKING: AN EYEWITNESS ACCOUNT OF THE DEATH PENALTY IN THE... |
1996 |
Yes |
Hispanic/Latinx American |
Theresa A. Martinez |
Embracing the Outlaws: Deviance at the Intersection of Race, Class, and Gender |
1994 Utah Law Review 193 (1994) |
I grew up the youngest of twelve children in a Chicano family living in the slums of Albuquerque, New Mexico. My father was an abusive alcoholic. My mother raised the kids by herself both before and after my older brothers kicked my father out of the house. I have memories of when I was a very little girl walking with my mother to the Salvation...; Search Snippet: ...THE OUTLAWS: DEVIANCE AT THE INTERSECTION OF RACE, CLASS, AND GENDER Theresa A. Martinez [FNa1] Copyright (c) 1994 by the Utah... |
1996 |
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Vicki C. Jackson |
Empiricism, Gender, and Legal Pedagogy: an Experiment in a Federal Courts Seminar at Georgetown University Law Center |
83 Georgetown Law Journal 461 (December, 1994) |
Over the last decade, the organized bench and bar have drawn on the insights of feminist legal theory and sociolegal research techniques to create a fascinating movement. The growing strength of this movement--to inquire into and report on the effects of gender on court systems (and, increasingly, to collaborate in similar inquiries on the effects...; Search Snippet: ...1994 Symposium: Gender, Empiricism, and the Federal Courts Essay EMPIRICISM, GENDER, AND LEGAL PEDAGOGY: AN EXPERIMENT IN A FEDERAL COURTS SEMINAR... |
1996 |
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Nathaniel R. Jones |
For Black Males and American Society--the Unbalanced Scales of Justice: a Costly Disconnect |
23 Capital University Law Review 1 (1994) |
The disproportionate number of black males in the criminal justice system continues to stir the debate regarding the societal implications of this phenomenon. Fueling and heating the debate is the nation's preoccupation with crime and its proposed remedies. We must not, however, consider this subject in a vacuum. To make an informed contribution to...; Search Snippet: ...LAW REVIEW Capital University Law Review 1994 Essay FOR BLACK MALES AND AMERICAN SOCIETY--THE UNBALANCED SCALES OF JUSTICE: A COSTLY... |
1996 |
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Jerome G. Miller |
From Social Safety Net to Dragnet: African American Males in the Criminal Justice System |
51 Washington and Lee Law Review 479 (Spring, 1994) |
During the 1980s and 1990s, in the midst of two decades of social neglect, America's white majority presented its inner cities with an expensive gift--a new and improved criminal justice system. This new and improved system would, the government promised, bring domestic tranquility--with particular relevance to African Americans. No expense was...; Search Snippet: ...Race and Criminal Justice FROM SOCIAL SAFETY NET TO DRAGNET: AFRICAN AMERICAN MALES IN THE CRIMINAL JUSTICE SYSTEM Jerome G. Miller [FNa1] Copyright... |
1996 |
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Donna Hess |
Gender-based Peremptory Challenges: a Bad Remnant of the Historical Discrimination Against Women? |
28 Suffolk University Law Review 63 (Spring 1994) |
Gender bias in the courtroom remains a serious problem. Reflected in outmoded attitudes toward women, gender bias is based on stereotypes rather than on a consideration of each individual's experience and abilities. During the 1993 Fall Term, the Supreme Court of the United States had an opportunity to eliminate one type of gender bias in the...; Search Snippet: ...UNIVERSITY LAW REVIEW Suffolk University Law Review Spring 1994 Note GENDER-BASED PEREMPTORY CHALLENGES: A BAD REMNANT OF THE HISTORICAL DISCRIMINATION... |
1996 |
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Sally S. Simpson , Lori Elis |
Is Gender Subordinate to Class? An Empirical Assessment of Colvin and Pauly's Structural Marxist Theory of Delinquency |
85 Journal of Criminal Law and Criminology 453 (Fall, 1994) |
For Karl Marx, the problem of crime in capitalist societies was linked to the material forces of capitalism and class domination. Although Marx did not extensively discuss the problem, he did remark that criminality seemed to be concentrated in the dangerous classes. The lumenproletariat, or parasitic class of criminals, consisted of...; Search Snippet: ...Journal of Criminal Law and Criminology Fall, 1994 Criminology IS GENDER SUBORDINATE TO CLASS? AN EMPIRICAL ASSESSMENT OF COLVIN AND PAULY'S... |
1996 |
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Tobi V. Neff |
J.e.b. V. Alabama: the Supreme Court Extends the Equal Protection Clause by Prohibiting Gender-based Peremptory Challenges |
21 Ohio Northern University Law Review 615 (1994) |
I. Introduction In J.E.B. v. Alabama, the Supreme Court considered the issue of extending equal protection scrutiny to gender-based peremptory challenges. In a six-to-three decision, the Court found that gender-based peremptory challenges were prohibited by the Equal Protection Clause of the Fourteenth Amendment. Because it required no explanation...; Search Snippet: ...THE SUPREME COURT EXTENDS THE EQUAL PROTECTION CLAUSE BY PROHIBITING GENDER-BASED PEREMPTORY CHALLENGES Tobi V. Neff Copyright (c) 1995 by... |
1996 |
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Justice Bernette J. Johnson |
Justice Revius O. Ortique, Jr.: a Man for All Seasons |
36 Southern University Law Review 1 (Fall, 2008) |
Justice Revius O. Ortique, Jr., Louisiana's first African-American elected to the Louisiana State Supreme Court, was a genuine trailblazer in his own right. Webster's Dictionary defines trailblazer as one that blazes a trail to guide others; i.e. a pathfinder, a pioneer. Justice Ortique was a man who realized many firsts: first African-American...; Search Snippet: ...Review Fall, 2008 Article JUSTICE REVIUS O. ORTIQUE, JR.: A MAN FOR ALL SEASONS Justice Bernette J. Johnson [FN1] Copyright © 2008... |
1996 |
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African/Black American |
Lahela Hiapola'ela'e Farrington Hite |
Maka'ala Ke Kanaka Kahea Manu: Examining a Potential Adjustment of Kamehameha Schools' Tuition Policy |
32 University of Hawaii Law Review 237 (Winter 2009) |
In 1893, a group of civilians, supported by the full power of the United States Navy and the United States Minister to the Kingdom of Hawai'i, successfully overthrew the Hawaiian monarchy. This coup d'etat ushered in over a century of hardship and deprivation for the Native Hawaiians. Kamehameha Schools is one of the few remaining institutions...; Search Snippet: ...men and women. [FN208] Kamehameha Schools mission is to educate Native Hawaiian students so as to produce good and industrious men and women in accordance with the wishes of its founder... |
1996 |
Yes |
African/Black American |
Lara Stemple |
Male Rape and Human Rights |
60 Hastings Law Journal 605 (February, 2009) |
For the last few decades, the prevailing approach to sexual violence in international human rights instruments has focused virtually exclusively on the abuse of women and girls. In the meantime, sexual violence against males continues to flourish in prison and other forms of detention. Men have been abused and sexually humiliated during situations...; Search Snippet: ...711780 HASTINGS LAW JOURNAL Hastings Law Journal February, 2009 Articles MALE RAPE AND HUMAN RIGHTS Lara Stemple [FNa1] Copyright (c) 2009... |
1996 |
Yes |
African/Black American |
Nancy E. Dowd |
Masculinities and Feminist Legal Theory |
23 Wisconsin Journal of Law, Gender & Society 201 (Fall 2008) |
Feminist theory has examined men, patriarchy, and masculine characteristics predominantly as sources of power, domination, inequality, and subordination. Various theories of inequality developed by feminists challenge and reveal structures and discourses that reinforce explicitly or implicitly the centrality of men and the male identity of a...; Search Snippet: ...as a claim to equality. [FN122] The distinctive masculinity of African American men has been labeled cool pose by Richard Majors. [FN123] [B]lack... |
1996 |
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African/Black American |
Kenneth G. Dau-Schmidt , Marc S. Galanter , Kaushik Mukhopadhaya , Kathleen E. Hull |
Men and Women of the Bar: the Impact of Gender on Legal Careers |
16 Michigan Journal of Gender & Law 49 (2009) |
I. Introduction 50 II. Analysis of the Data 52 A. Description of the Data Set 52 B. The Personal Characteristics of the Participants in the Surveys: What Type of People Become Lawyers and How Do Their Personal Characteristics Vary By Gender? 53 C. The Family Characteristics of the Participants in the Surveys: What are the Family Situations...; Search Snippet: ...GENDER AND LAW Michigan Journal of Gender & Law 2009 Article MEN AND WOMEN OF THE BAR: THE IMPACT OF GENDER ON LEGAL CAREERS [FNd1] Kenneth G. Dau-Schmidt [FNa1] Marc... |
1996 |
Yes |
African/Black American |
Sean D. O'Brien |
Mothers and Sons: the Lloyd Schlup Story |
77 UMKC Law Review 1021 (Summer, 2009) |
What do you say to the mother of a murder victim? There are no words in any language adequate to the task. A woman who loses a husband is a widow; a surviving husband is a widower. A child who loses her parents is an orphan. But there is no word in the English language for a mother who loses a child. Maybe it is not supposed to be easy to talk...; Search Snippet: ...Review Summer, 2009 Symposium: Death Penalty Stories Articles MOTHERS AND SONS: THE LLOYD SCHLUP STORY Sean D. O'Brien [FNa1] Copyright ©... |
1996 |
Yes |
African/Black American |
David S. Cohen |
No Boy Left Behind? Single-sex Education and the Essentialist Myth of Masculinity |
84 Indiana Law Journal 135 (Winter, 2009) |
Introduction. 135 I. Anti-Essentialism and Masculinities. 141 II. The Federal Law of Single-Sex Education. 145 A. The Constitution and Single-Sex Education. 145 B. Title IX and Single-Sex Education. 148 III. The Narrative of Essentialized Masculinity. 151 A. Methodology. 152 B. Essentialized Masculinity in the Context of Single-Sex Education. 153...; Search Snippet: ...INDIANA LAW JOURNAL Indiana Law Journal Winter, 2009 Articles NO BOY LEFT BEHIND? [FNd1] SINGLE-SEX EDUCATION AND THE ESSENTIALIST MYTH... |
1996 |
Yes |
African/Black American |
Steven Bennett Weisburd , Brian Levin |
On the Basis of Sex: Recognizing Gender-based Bias Crimes |
5 Stanford Law and Policy Review 21 (Spring, 1994) |
Well, maybe the Wisconsin legislature thought that there weren't any misogynists in Wisconsin. --Chief Justice William Rehnquist (question at oral argument in Wisconsin v. Mitchell regarding counsel's argument that Wisconsin's bias crime law was under-inclusive because it failed to include gender). Until women as a class have the same protection...; Search Snippet: ...Spring, 1994 Gender Symposium ON THE BASIS OF SEX: RECOGNIZING GENDER-BASED BIAS CRIMES Steven Bennett Weisburd [FNa] Brian Levin [Fnb... |
1996 |
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Judge Arthur L. Burnett, Sr. |
Permeation of Race, National Origin and Gender Issues from Initial Law Enforcement Contact Through Sentencing: the Need for Sensitivity, Equalitarianism and Vigilance in the Criminal Justice System |
31 American Criminal Law Review 1153 (Summer, 1994) |
This article takes a close look at the actual operation of the entire criminal justice system with reference to issues of racism, national origin and gender bias, from the initial police or law enforcement contact with the individual through the final process of sentencing the guilty offender. What is the remedy when, in the exercise of police...; Search Snippet: ...Review Summer, 1994 Symposium PERMEATION OF RACE, NATIONAL ORIGIN AND GENDER ISSUES FROM INITIAL LAW ENFORCEMENT CONTACT THROUGH SENTENCING: THE NEED... |
1996 |
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Catharine A. MacKinnon |
Prostitution and Civil Rights |
1 Michigan Journal of Gender & Law 13 (1993) |
The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women. To speak of prostitution and civil rights in one breath moves the two into one world, at once exposing and narrowing the distance between them. Women in prostitution are denied every imaginable civil right in every...; Search Snippet: ...serial murders of women in Los Angeles, the eleven dead African- American women who had been in prostitution and were found under piles of rags in Detroitthese acts are gender cleansing. Snuff films are part of it. When killing women... |
1996 |
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Francisco Valdes |
Queers, Sissies, Dykes, and Tomboys: Deconstructing the Conflation of "Sex," "Gender," and "Sexual Orientation" in Euro-american Law and Society |
83 California Law Review Rev. 1 (1/1/1995) |
Foreword Notes on The Conflation'. 11 I. The Conflation as Triangle. 12 II. The Conflation, Language & Common (Mis)Understandings. 20 III. The Conflation & the Law. 23 IV. The Conflation, This Project & Legal Theory. 28 Chapter One Modern Culture: Codification & Internalization. 36 I. The Conflation of Sex, Gender & Sexual Orientation. 36 II....; Search Snippet: ...QUEERS, SISSIES, DYKES, AND TOMBOYS: DECONSTRUCTING THE CONFLATION OF SEX, GENDER, AND SEXUAL ORIENTATION IN EURO-AMERICAN LAW AND SOCIETY Francisco... |
1996 |
Yes |
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Martha Chamallas |
Questioning the Use of Race-specific and Gender-specific Economic Data in Tort Litigation: a Constitutional Argument |
63 Fordham Law Review 73 (October, 1994) |
TORT law, like virtually every other legal subject, has increasingly come under scrutiny by scholars seeking to uncover hidden biases based on race, gender and other important dimensions of personal identity. In law reviews and in final reports of gender and race bias task forces, questions have been raised about the basic equity of legal standards...; Search Snippet: ...And The Law QUESTIONING THE USE OF RACE-SPECIFIC AND GENDER-SPECIFIC ECONOMIC DATA IN TORT LITIGATION: A CONSTITUTIONAL ARGUMENT Martha... |
1996 |
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Samara F. Swanston |
Race, Gender, Age, and Disproportionate Impact: What Can We Do about the Failure to Protect the Most Vulnerable? |
21 Fordham Urban Law Journal 577 (Spring 1994) |
Hard economic times and social conditions are driving a reordering of environmental protection priorities that threatens to sacrifice the most vulnerable groups. Environmental regulatory agencies acknowledge that vulnerable populations face the greatest risk of harm from environmental insult and that these groups are not adequately protected....; Search Snippet: ...URBAN LAW JOURNAL Fordham Urban Law Journal Spring 1994 RACE, GENDER, AGE, AND DISPROPORTIONATE IMPACT: WHAT CAN WE DO ABOUT THE... |
1996 |
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Elizabeth A. Pendo |
Recognizing Violence Against Women: Gender and the Hate Crimes Statistics Act |
17 Harvard Women's Law Journal 157 (Spring, 1994) |
Two million acts of rape were committed against women in 1991. A report on hate crime issued by the Federal Bureau of Investigation pursuant to the Hate Crimes Statistics Act of 1991 stated that only seven of these attacks were motivated by hate. The United States Congress defined violence aimed at people because of their race, religion, sexual...; Search Snippet: ...Law Journal Spring, 1994 Recent Development RECOGNIZING VIOLENCE AGAINST WOMEN: GENDER AND THE HATE CRIMES STATISTICS ACT Elizabeth A. Pendo [Fna... |
1996 |
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Joan C. Williams |
Reconstructive Feminism: Changing the Way We Talk about Gender and Work Thirty Years after the Pda |
21 Yale Journal of Law & Feminism 79 (2009) |
ABSTRACT: This Article seeks to challenge and change the way that we talk about gender--ways that make it difficult to progress on the work/family front. In the thirty years since the Pregnancy Discrimination Act (PDA) was passed in 1979, while the roles of men and women have changed dramatically, the American workplace has changed only...; Search Snippet: ...Symposium Article RECONSTRUCTIVE FEMINISM: CHANGING THE WAY WE TALK ABOUT GENDER AND WORK THIRTY YEARS AFTER THE PDA Joan C. Williams... |
1996 |
Yes |
African/Black American |
Kingsley R. Browne |
Sex and Temperament in Modern Society: a Darwinian View of the Glass Ceiling and the Gender Gap |
37 Arizona Law Review 971 (1995) |
I. Introduction. 973 II. Sex Differences and Evolutionary Theory. 985 A. Natural Selection and Evolutionary Psychology. 985 B. Evolution of Temperamental Sex Differences. 990 C. Evidence of Differential Reproductive Strategies in Our Evolutionary Past. 1000 D. Evidence for the Continued Existence of the Evolved Psychological Mechanism. 1006 III....; Search Snippet: ...SOCIETY: A DARWINIAN VIEW OF THE GLASS CEILING AND THE GENDER GAP Kingsley R. Browne [FNa1] Copyright (c) 1995 by the... |
1996 |
Yes |
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Nicholas J. Johnson |
Shots Across No Man's Land: a Response to Handgun Control, Inc.'S, Richard Aborn |
22 Fordham Urban Law Journal 441 (Winter, 1995) |
Mr. Aborn's essay, The Battle Over the Brady Bill and the Future of Gun Control Advocacy, reflects the wide chasm separating gun owners and the anti-gun lobby. Some of the reasons are not immediately obvious. I will try to illuminate a few of them here. As his essay reflects, Mr. Aborn's organization, Handgun Control, Inc., is one of the primary...; Search Snippet: ...Fordham Urban Law Journal Winter, 1995 Essay SHOTS ACROSS NO MAN'S LAND: A RESPONSE TO HANDGUN CONTROL, INC.'S, RICHARD ABORN Nicholas... |
1996 |
Yes |
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Elaine Golin |
Solving the Problem of Gender and Racial Bias in Administrative Adjudication |
95 Columbia Law Review 1532 (10/1/1995) |
Administrative Law Judges (ALJs) preside over hundreds of thousands of adjudications every year and their decisions affect the lives of millions of Americans. As the decisionmakers in the on-the-record hearings of federal administrative agencies, ALJs play an important role in overseeing the enforcement of federal law and the distribution of...; Search Snippet: ...Columbia Law Review October 1995 Note SOLVING THE PROBLEM OF GENDER AND RACIAL BIAS IN ADMINISTRATIVE ADJUDICATION Elaine Golin Copyright ©... |
1996 |
Yes |
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Trlica Cosby |
Strictly Speaking: Viewing J.e.b. V. Alabama ex Rel. T.b. as Sub Silentio Application of Strict Scrutiny to Gender-based Classifications |
32 Houston Law Review 869 (Fall 1995) |
I. Introduction. 869 II. Recitation. 872 III. Analysis. 877 A. Background: Method and Procedure of Jury Selection. 877 B. The Development of a Standard of Review for Gender Classifications. 879 C. Laying a Foundation for Strict Scrutiny. 884 D. Reconciling Taylor v. Louisiana with the J.E.B. Decision. 888 IV. Future Effects on Peremptory...; Search Snippet: ...REL. T.B. AS SUB SILENTIO APPLICATION OF STRICT SCRUTINY TO GENDER-BASED CLASSIFICATIONS [FNa1] Trlica Cosby Copyright (c) 1995 Houston Law... |
1996 |
Yes |
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Peter Michael Collins |
Taking Batson One Giant Step Further: the Court Prohibits Gender-based Peremptory Challenges in J.e.b. V. Alabama ex Rel. T.b. |
44 Catholic University Law Review 935 (Spring 1995) |
The United States Constitution grants to every criminal defendant accused of serious crimes the right to a jury trial, and preserves for every civil litigant the right to a jury trial where it existed at common law. The jury selection process is a complex mechanism designed to ensure that those selected will be fair and impartial decision-makers....; Search Snippet: ...Note TAKING BATSON ONE GIANT STEP FURTHER: THE COURT PROHIBITS GENDER-BASED PEREMPTORY CHALLENGES IN J.E.B. v. ALABAMA EX REL. T.B... |
1996 |
Yes |
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Floyd D. Weatherspoon |
The Devastating Impact of the Justice System on the Status of African-american Males: an Overview Perspective |
23 Capital University Law Review 23 (1994) |
C1-3Table of Contents L1-2Introduction 24. I. Stereotypical Biases Against African-American Males. 28 II. Criminal Justice System. 30 A. Selective Enforcement. 30 B. Incarceration of African-American Males. 35 C. Racial Disparities in Sentencing. 38 D. Racial Disparities in Prosecutorial Decisions. 42 E. Law Enforcement and Police Brutality--The...; Search Snippet: ...DEVASTATING IMPACT OF THE JUSTICE SYSTEM ON THE STATUS OF AFRICAN- AMERICAN MALES: AN OVERVIEW PERSPECTIVE Floyd D. Weatherspoon [FNa1] Copyright (c) 1994... |
1996 |
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Kevin D. Brown |
The Dilemma of Legal Discourse for Public Educational Responses to the "Crisis" Facing African-american Males |
23 Capital University Law Review 63 (1994) |
C1-3Table of Contents L1-2Introduction 64. I. Legal Discourse and the Intersection of Race, Gender and Public Education. 67 II. The Individualist Framework. 71 A. Conceptual Structure. 71 1. View of the knowing individual. 71 2. Emancipatory role of this framework. 72 3. Role of government. 74 B. The Constitutional Historical Development. 75 1....; Search Snippet: ...LEGAL DISCOURSE FOR PUBLIC EDUCATIONAL RESPONSES TO THE CRISIS FACING AFRICAN- AMERICAN MALES Kevin D. Brown [FNa1] Copyright (c) 1994 by the Capital... |
1996 |
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Tammy B. Grubb |
The Functional Effect of Eliminating Gender Bias in Jury Selection: a Critique and Analysis of J.e.b. V. Alabama |
48 Oklahoma Law Review 173 (Spring, 1995) |
The two sexes are not fungible; a community made up exclusively of one is different from a community composed of both; the subtle interplay of influence one on the other is among the imponderables. To insulate the courtroom from either may not in a given case make an iota of difference. Yet a flavor, a distinct quality is lost if either sex is...; Search Snippet: ...Law Review Spring, 1995 Note THE FUNCTIONAL EFFECT OF ELIMINATING GENDER BIAS IN JURY SELECTION: A CRITIQUE AND ANALYSIS OF J.E.B... |
1996 |
Yes |
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Jordan Herman |
The Fusion of Gay Rights and Feminism: Gender Identity and Marriage after Baehr V. Lewin |
56 Ohio State Law Journal 985 (1995) |
Then you should say what you mean, the March Hare went on. I do, Alice hastily replied; at least--at least I mean what I say-- that's the same thing, you know. Looking back on judicial decisions, we are nonplussed. An unexpected opinion becomes explicable after it occurs. And, after it occurs, its significance and meaning change. The opinion...; Search Snippet: ...1995 Case Comment THE FUSION OF GAY RIGHTS AND FEMINISM: GENDER IDENTITY AND MARRIAGE AFTER BAEHR V. LEWIN Jordan Herman Copyright... |
1996 |
Yes |
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Sandra Farrington-Domingue |
The Intersection of Race and Gender and its Effects in the Workplace |
5 Southern California Review of Law and Women's Studies 187 (Fall 1995) |
The workplace that I am most familiar with is the city of Los Angeles. I have been an employee of the city for more than twenty years, as a Building Mechanical Inspector and, since July 1993, as a staff member for Councilmember Jackie Goldberg. Presently, the city government is comprised of approximately forty-two departments. Of these forty-two...; Search Snippet: ...Gender and Sexual Oreintation: Comment THE INTERSECTION OF RACE AND GENDER AND ITS EFFECTS IN THE WORKPLACE Sandra Farrington-Domingue [Fna... |
1996 |
Yes |
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John R. Quinn |
The Lost Language of the Irishgaymale: Textualization in Ireland's Law and Literature (Or the Most Hidden Ireland ) |
26 Columbia Human Rights Law Review 553 (Spring 1995) |
Introduction. 555 I. Theoretical Considerations. 566 A. Constructionism v. Essentialism. 566 B. Elaine Showalter's Model of Muted Group Discourse. 579 C. The Gaymale. 584 D. The Irishmale. 593 E. The Irishgaymale. 600 II. The Substantive Textualization of the Irishgaymale: Law. 605 A. The Sodomy and Gross Indecency Statutes. 606 B. The Norris...; Search Snippet: ...Madden-Simpson applies the term to female writers in Ireland's male-dominated critical tradition in Anglo Irish Literature: The Received Tradition... |
1996 |
Yes |
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D. Aaron Lacy |
The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males |
86 Nebraska Law Review 552 (2008) |
I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an...; Search Snippet: ...THE MOST ENDANGERED TITLE VII PLAINTIFF?: EXPONENTIAL DISCRIMINATION AGAINST BLACK MALES D. Aaron Lacy [FNa1] Copyright (c) 2008 University of Nebraska... |
1996 |
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African/Black American |
Anita L. Allen |
The Proposed Equal Protection Fix for Abortion Law: Reflections on Citizenship, Gender, and the Constitution |
18 Harvard Journal of Law & Public Policy 419 (Spring, 1995) |
I. Introduction . 419 II. Second-class Citizenship . 424 A. The Consititution on Gender . 424 B. The Meaning of American Citizenship . 426 C. Life Before Privacy and Equality: An Example . 428 D. The Trivialization of Citizenship . 431 E. German Citizenship and Abortion Rights . 433 III. Equal Protection for Equal Citizenship . 435 A. An Equal...; Search Snippet: ...PROPOSED EQUAL PROTECTION FIX FOR ABORTION LAW: REFLECTIONS ON CITIZENSHIP, GENDER, AND THE CONSTITUTION Anita L. Allen [FNa] Copyright (c) 1995... |
1996 |
Yes |
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Patrick J. Guinee |
The Trend Toward the Extension of Batson to Gender-based Peremptory Challenges |
32 Duquesne Law Review 833 (Summer 1994) |
Since the Supreme Court decided Batson v. Kentucky in 1986, the extent of the limitations placed upon the use of peremptory challenges has been questioned in various state and federal court decisions. The purpose of this comment is to provide an overview of one particular aspect of the limitation on peremptory challenges: Should the holding in...; Search Snippet: ...1994 Comment THE TREND TOWARD THE EXTENSION OF BATSON TO GENDER-BASED PEREMPTORY CHALLENGES Patrick J. Guinee Copyright (c) 1994 by... |
1996 |
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Joseph D. Kuborn |
The Unconstitutionality of Gender Based Peremptory Challenges |
78 Marquette Law Review 1069 (Summer, 1995) |
Peremptory challenges by definition permit both the plaintiff and the defendant to strike a limited number of potential jury members without stating a reason. These challenges, which allow the striking party to remain silent on the reasons behind the strike, provide a potential platform for unconstitutional discrimination in the jury selection...; Search Snippet: ...REVIEW Marquette Law Review Summer, 1995 Note THE UNCONSTITUTIONALITY OF GENDER BASED PEREMPTORY CHALLENGES THE UNITED STATES SUPREME COURT'S REVIEW OF... |
1996 |
Yes |
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Matthew L. Daniel |
Title Ix and Gender Equity in College Athletics: How Honesty Might Avert a Crisis |
1995 Annual Survey of American Law 255 (1995) |
There is a crisis threatening the future of college sports in America. And the unfortunate truth is that this crisis has emerged from the solution to the gender equity problem confronting institutions of higher education. After decades of inequities against women in educational fora, Congress, through the 1972 Educational Amendments (commonly...; Search Snippet: ...Survey of American Law 1995 Title IX TITLE IX AND GENDER EQUITY IN COLLEGE ATHLETICS: HOW HONESTY MIGHT AVERT A CRISIS... |
1996 |
Yes |
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Leslie Pearlman |
Transsexualism as Metaphor: the Collision of Sex and Gender |
43 Buffalo Law Review 835 (Winter 1995) |
[W]e [transsexuals] and the professionals should stress that there are many sexes and genders, and try to change the legal and popular view of sex from a dichotomy to a continuum . . . to have sex reassignment as acceptable as moving from New York to Los Angeles. I've been treated so bad as a drag queen. If I get a pussy, I'll be treated fabulous....; Search Snippet: ...1995 Comment TRANSSEXUALISM AS METAPHOR: THE COLLISION OF SEX AND GENDER Leslie Pearlman [FNd] Copyright (c) 1995 Buffalo Law Review; Leslie... |
1996 |
Yes |
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Linda J. Lacey |
We Have Nothing to Fear but Gender Stereotypes: of Katie and Amy and "Babe Feminism" |
80 Cornell Law Review 612 (March, 1995) |
(Girls' Chorus) Tell me more, tell me more. Was it love at first sight? (Boys' Chorus) Tell me more, tell me more. Did she put up a fight? . . . (Girls' Chorus) He got friendly, holding my hand. (Boys' Chorus) She got friendly, down in the sand. In The Morning After: Sex, Fear, and Feminism on Campus, Katie Roiphe claims that feminists have gone...; Search Snippet: ...March, 1995 Book Review WE HAVE NOTHING TO FEAR BUT GENDER STEREOTYPES: OF KATIE AND AMY AND BABE FEMINISM The Morning... |
1996 |
Yes |
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Frank Rudy Cooper |
Who's the Man?: Masculinities Studies, Terry Stops, and Police Training |
18 Columbia Journal of Gender and Law 671 (2009) |
We men have some strange rituals. One occurs on the basketball court. A player will make a move around a defender and score a basket. Then he'll shout, who's the man? He wants his opponent to say, You are the man. This episode is a paradigmatic description of how masculinities work. Men often act with the goal of impressing other men. We gain...; Search Snippet: ...LAW Columbia Journal of Gender and Law 2009 WHO'S THE MAN?: MASCULINITIES STUDIES, TERRY STOPS, AND POLICE TRAINING Frank Rudy Cooper... |
1996 |
Yes |
African/Black American |
C.J. Griffin |
Workplace Restroom Policies in Light of New Jersey's Gender Identity Protection |
61 Rutgers Law Review 409 (Winter 2009) |
Always use the one that says WHITES ONLY, as she pointed to the sign on the water fountain. . . . The same went for restrooms, except it was even more confusing: aside from whether or not the sign read WHITE or COLORED, I had to make sure it read LADIES' instead of MEN. It seemed like an awful lot to keep up with, when all I wanted was a...; Search Snippet: ...2009 Notes WORKPLACE RESTROOM POLICIES IN LIGHT OF NEW JERSEY'S GENDER IDENTITY PROTECTION C.J. Griffin [FNa1] Copyright (c) 2009 Rutgers University... |
1996 |
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African/Black American |
Victoria Nourse |
After the Reasonable Man: Getting over the Subjectivity/objectivity Question |
11 New Criminal Law Review 33 (Winter, 2008) |
This article challenges the conventional notion of the reasonable man. It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the...; Search Snippet: ...on the Reasonable Person in Criminal Law AFTER THE REASONABLE MAN: GETTING OVER THE SUBJECTIVITY/OBJECTIVITY QUESTION Victoria Nourse [FNa1] Copyright... |
1995 |
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African/Black American |