Michigan Journal of Gender & Law最新文献

{"title":"The Preservation of the Separate Spheres Doctrine in Congress and the Federal Courts","authors":"Arjun Parikh","doi":"10.36641/mjgl.30.1.preservation","DOIUrl":"https://doi.org/10.36641/mjgl.30.1.preservation","url":null,"abstract":"In Bradwell v. State, an 1872 decision upholding an Illinois law prohibiting women from practicing law, the United States Supreme Court reasoned that the law was justified because women belonged in the “domestic sphere.” While today’s sex-based workplace exclusions are not as explicit as they once were, women still face barriers to remaining in the workforce and advancing in the workplace despite the existence of major federal legislation in the areas of pregnancy discrimination and family leave policy. Congress passed the Pregnancy Discrimination Act (PDA) in 1978 to stop pregnancy discrimination, but the PDA has not come close to eliminating pregnancy discrimination. Similarly, despite Congress’s passing of the Family and Medical Leave Act (FMLA) in 1993, ineffective family leave policy continues to hinder women’s ability to balance work and their disproportionate family caregiving obligations. After tracing the development of sex-based workplace exclusions from the 1870s through the 1970s, this Note argues that the PDA and FMLA prohibited explicit sex-based workplace exclusions while preserving other forms of sex-based workplace exclusions. This Note then analyzes proposed work-family legislation and argues that policies aimed at eliminating sex-based workplace exclusions must account for the specific experiences of women while promoting anti-stereotyping principles.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124852838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Critical Race Feminism, Health, and Restorative Practices in Schools: Centering the Experiences of Black and Latina Girls","authors":"Thalia González, R. Epstein","doi":"10.36641/mjgl.29.2.critical","DOIUrl":"https://doi.org/10.36641/mjgl.29.2.critical","url":null,"abstract":"Restorative practices (RP) in K-12 schools in the United States have grown exponentially since the early 1990s. Developing against a backdrop of systemic racism, RP has become embedded in education practice and policy to counteract the harmful and persistent patterns of disparities in school discipline experienced by students of color. Within this legal, social, and political context, the empirical evidence that has been gathered on school-based restorative justice has framed and named RP as a behavioral intervention aimed at reducing discipline incidents—that is, an “alternative” to punitive and exclusionary practices. While this view of RP is central to dismantling discriminatory systems, we argue it reflects an unnecessarily limited understanding of its potential and has generated unintended consequences in the field of RP research. First, the reactive RP model of analysis focuses more exclusively on behavioral change, rather than systemic improvement, to address discipline disparities. Second, RP research has insufficiently examined the potential role of RP in achieving health justice. Third, RP research too rarely engages in intersectional analyses that critically examine gendered racism. This study is intended as a course correction. Building on the work of legal scholars, public health researchers, sociologists, restorative justice practitioners, and our own prior work, this original study is the first to examine non-disciplinary RP through a critical race feminist lens, and—just as importantly—a public health praxis. Our findings reveal that the interplay between RP and adolescent health, race, and gender can no longer be overlooked. Proactive non-disciplinary RP was found to promote supportive school environments that enhance five key protective health factors for Black and Latina girls. Additionally, results indicate that RP improved the mental health and wellbeing of Black and Latina girls, building fundamental resilience skills that can help overcome the complex array of social structures that serve to disempower and disenfranchise girls and harm their educational and health outcomes.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128954685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Home of the Dispossessed","authors":"A. Tait","doi":"10.36641/mjgl.28.2.home","DOIUrl":"https://doi.org/10.36641/mjgl.28.2.home","url":null,"abstract":"The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them—the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when people who have deep connections to the objects that populate their lived spaces are not those who possess the legal rights of ownership. These individuals and groups—usually excluded from the realm of property ownership along lines of gender, race, and ethnicity—live on an axis of property precarity, persistently subject to the anxieties as well as the realities of dispossession. This Article’s launching point to explore these dispossessions is Henry James’ novel, The Spoils of Poynton, which involves a dispute about the settlement of a father’s estate and describes the battle between mother and son over the furnishings of the family home, Poynton. On a descriptive level, The Spoils of Poynton is a novel about a wife’s dispossession and the gendered nature of inheritance. The novel is also, however, about the exclusions built into property theories of labor and personhood. Accordingly, this Article explicates tactics of dispossession inherent in traditional theories of property ownership, explores the legal claims made to property ownership by those who have been dispossessed, and analyzes the ways in which the meaning of property for these individuals and communities is reconstituted within the political imaginary. The novel therefore tells the story not only of a property conflict between mother and son but also of how individuals who straddle the fragile boundary between personhood and objecthood both experience property as liminal fragments of the rightsholder they could have been and perform their property ownership as a political declaration. In this way, the novel tells the story of what it is like to live in the home of the dispossessed.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122470271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Black Women & Women's Suffrage: Understanding the Perception of the Nineteenth Amendment Through the Pages of the Chicago Defender","authors":"Tamar Alexanian","doi":"10.36641/mjgl.29.1.black","DOIUrl":"https://doi.org/10.36641/mjgl.29.1.black","url":null,"abstract":"Susan B. Anthony once famously stated, “I will cut off this right arm of mine before I will ever work for or demand the ballot for the Negro and not the woman.” The racism of many early suffragettes has been well documented and discussed; Black suffragettes and other suffragettes of color were, at best, relegated to the margins of the movement and, at worst, scorned and turned away by white suffragettes. Moreover, part of white suffragettes’ strategy for passage of the Nineteenth Amendment was based on racist appeals to white men; white suffragettes claimed that passage of the Nineteenth Amendment would help keep white voters in the majority and, ultimately, would help uphold white supremacy. Against this backdrop, Black women—and much of the Black community more generally—still supported and fought for the passage of the Nineteenth Amendment.\u0000\u0000Recent legal and historical scholars have been dedicated to studying the often-overlooked and instrumental role that Black women played in the Suffrage Movement and Black enfranchisement. This Article seeks to look at the coverage by Black—largely male—journalists at the Chicago Defender in the ten years preceding and proceeding the passage of the Nineteenth Amendment. In doing so, this Article hopes to better understand the ways that some Black community members understood and viewed the Nineteenth Amendment and how that perception changed. Although in hindsight we understand that the Nineteenth Amendment was not the liberating feat for Black women that it was for white women, what does Black journalistic coverage in the period immediately before and after its passage tell us about the perception of the Nineteenth Amendment and Black women’s enfranchisement at the time?\u0000\u0000The methodology of this research differs from those used in other historical research regarding Black women’s suffrage. Many historians have focused on understanding Black women’s suffrage through studying individual women’s stories: In her groundbreaking and well-received book Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All, legal historian Martha Jones says that “by recounting the lives of some of the many Black women who engaged in political fights, the picture of a whole comes into view.” These histories rely on a large variety of historical documents left behind by, and about, individual suffragists and events to gain an understanding of “the picture of a whole.” This Article takes a different approach: it looks deeply at only one set of primary documents—articles printed in the Chicago Defender— to better understand the changes and patterns in community perception revealed through journalistic coverage. This is not counter to the important work of these other historians, who have helped recover the overlooked stories of suffragists of color. Instead, this Article seeks to further our understanding of these stories through a different medium.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121322462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pregnant Transgender People: What to Expect from the Court of Justice of the European Union's Jurisprudence on Pregnancy Discrimination","authors":"Hannah Van Dijcke","doi":"10.36641/mjgl.29.1.pregnant","DOIUrl":"https://doi.org/10.36641/mjgl.29.1.pregnant","url":null,"abstract":"Pregnant transgender people’s experiences vary: they may identify as male or non-binary and may seek gender-affirming medical care to different degrees. This variety in gender identities and bodies puts additional pressure on CJEU’s pregnancy discrimination case law—a case law that is, as this Article argues, already flawed. Building on a critique of the CJEU’s decision in Dekker, this Article discusses three alternative approaches to addressing pregnancy discrimination in EU law. The first two approaches are different ways of construing pregnancy discrimination as sex discrimination. First, the Article discusses a gender-stereotyping approach to direct sex discrimination, and, second, an indirect sex discrimination analysis. The third approach is to introduce a separate provision on pregnancy discrimination in EU legislation. This Article argues that this third approach provides the fullest protection for all types of pregnancy discrimination—including the pregnancy discrimination that pregnant transgender people experience.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127253103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Gentlewomen of the Jury","authors":"Vivian Rotenstein, V. Hans","doi":"10.36641/mjgl.29.2.gentlewomen","DOIUrl":"https://doi.org/10.36641/mjgl.29.2.gentlewomen","url":null,"abstract":"This Article undertakes a contemporary assessment of the role of women on the jury. In 1946, at a time when few women served on U.S. juries, the all-male Supreme Court opined in Ballard v. United States: “The truth is that 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 of one on the other is among the imponderables.” Three-quarters of a century later, women’s legal and social status has changed dramatically, with increased participation in the labor force, expanded leadership roles, and the removal of legal and other barriers to their civic engagement, including jury service. Theoretical developments and research have produced new insights about how genderconforming individuals enact their gender roles. We combine these insights with a substantial body of jury research that has examined the effects of jurors’ gender on their decision-making processes and verdict preferences in criminal and civil cases. We also consider how nonbinary and gender-nonconforming individuals might bring distinctive perspectives and experiences to the jury. After a review of the historical record, describing shifts over time in women’s jury participation in the face of legal and societal barriers, we summarize evidence from decision-making research, gender scholarship, and jury studies to examine whether women bring a different voice to jury service. Our review, which demonstrates substantial commonalities as well as significant areas of divergence in jurors’ attitudes and verdicts as a function of their gender, altogether underscores the importance of full and equitable participation on the jury.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115033270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Title IX and the Alleged Victimization of Men: Applying Twombly to Federal Title IX Lawsuits Brought by Men Accused of Sexual Assault","authors":"Zoe E. Seaman-Grant","doi":"10.36641/mjgl.28.2.title","DOIUrl":"https://doi.org/10.36641/mjgl.28.2.title","url":null,"abstract":"This Note provides a survey of the current state of Title IX law as applied to anti-male bias lawsuits and suggests how courts should apply Twombly’s plausibility standard to anti-male bias claims going forward. Part I of this Note provides an overview of sexual violence on college campuses and the history of Title IX regulations and jurisprudence. Part II offers a brief history of Title IX anti-male bias lawsuits, examines the structure of anti-male bias lawsuits, and analyzes the various pleading standards applied by courts. Part III lays out the types of facts pled by Title IX anti-male bias plaintiffs and discusses what facts should be viewed as sufficient to meet Twombly’s plausibility standard. In Part IV, this Note looks at the future of Title IX anti-male bias lawsuits in light of new federal regulations and discusses the implications of these lawsuits for claimants and respondents in campus Title IX proceedings.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"359 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132287708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reproduction and Gender Self-Determination: Fertile Grounds for Trans Legal Advocacy","authors":"Samira Seraji","doi":"10.36641/mjgl.28.2.reproduction","DOIUrl":"https://doi.org/10.36641/mjgl.28.2.reproduction","url":null,"abstract":"Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their reproductive choices.\u0000\u0000This Article contends that the gender conformity that the state requires of trans people parallels the violence that the state has inflicted on low-income non-trans women of color. As welfare policies have sought to constrain indigent Black women’s reproductive and sexual autonomy, courts use legal gender determination to force trans people to conform to heterosexist sexual and family structures—a project that works to constrain their reproductive freedoms. This Article connects the decades-long struggle of non-trans women of color for reproductive justice with that of trans people’s right to self-identify without medical intervention. In doing so, this Article calls for legal trans advocates to coalition build with existing reproductive justice movements to nurture a trans jurisprudence that rejects heterosexist notions of trans identity and instead embraces the multiplicity of trans embodiment and queer family structures that we, as trans people, can create.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124506138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Litigation, Referendum or Legislation? The Road to Becoming the First in Asia to Institutionalize Same-Sex Marriage","authors":"T. Huang","doi":"10.36641/mjgl.29.2.litigation","DOIUrl":"https://doi.org/10.36641/mjgl.29.2.litigation","url":null,"abstract":"In the pursuit of same-sex marriage, advocates in each country evaluate the appropriate decision-making process for addressing this highly disputed issue—litigation, legislation, or referendum. The choice may be partially based on the institutional advantages of each approach, but more importantly, the choice is also conditioned by the legal and political context of each country, such as the authority of the court, the framing of public opinion, and the dynamics between movement and countermovement. Uniquely, all three decision-making processes are involved in the course of the institutionalization of same-sex marriage in Taiwan. This Article, focusing on the experience in Taiwan, examines the approaches and factors that influence the conceptualization and realization of marriage equality, and to what extent the court can be involved in the process of major social reforms. At first glance, the polarizing events subsequent to the Taiwan Constitutional Court’s (TCC) decision seem to reflect the judicial backlash thesis, which suggests that court intervention is counterproductive, as it engenders political resistance. However, this Article argues that the way the TCC adjudicated may actually be a workable alternative approach for other courts to introduce same-sex marriage. In particular, the combination of a “remedial period” for the legislature and “supplemental judicial law-making” allows the courts to facilitate substantial social change while ensuring more democratic deliberation.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127450316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Missed Connections in the U.N. Agenda: Applying the Women, Peace and Security Framework to the Feminization of Poverty","authors":"Lauren Fleming","doi":"10.36641/mjgl.30.1.missed","DOIUrl":"https://doi.org/10.36641/mjgl.30.1.missed","url":null,"abstract":"Women, Peace and Security, a multifaceted agenda intended to address the particular ways in which conflict affects women, has been on the United Nations agenda since the landmark Security Council Resolution 1325 passed in 2000. The unequal burden of poverty on women, a phenomenon that has been coined “the feminization of poverty,” has been on the United Nations agenda for even longer, since the 1995 Beijing Conference on Women. Yet, despite the fact that poverty and inequality both cause and result in conflict in a violent cycle, the problem of the feminization of poverty has not been integrated into the United Nation’s Women, Peace and Security agenda at large. This Note argues that the eradication of the gendered impact of poverty must be a central goal of the Women, Peace and Security agenda: first, to ensure the full enjoyment of women’s human rights, and second, because an agenda for peace can only be achieved by increasing gender equality and women’s political participation. This point is demonstrated through an analysis of the current system of international peacebuilding, which relies heavily on international financial institutions and perpetuates a neoliberal economy, to the detriment of both peace and women’s rights. This Note concludes that applying the framework of the four pillars of Women, Peace and Security (participation, protection, prevention, and post-conflict relief and recovery) can disrupt the cycles that perpetuate conflict and deny women equality, opportunity, and adequate living conditions.","PeriodicalId":303089,"journal":{"name":"Michigan Journal of Gender & Law","volume":"488 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123692261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}