Duke Journal of Gender Law & Policy

An annual interdisciplinary journal devoted to gender issues in the context of law and public policy with emphasis on practical analysis. Explores connections between social science and the law, and connections between scholarship and public policy and pr

Articles from Vol. 13, Spring

Acknowledging Informal Power Dynamics in the Workplace: A Proposal for Further Development of the Vicarious Liability Doctrine in Hostile Environment Sexual Harassment Cases
I. INTRODUCTION In this Article, I evaluate courts' application of the U.S. Supreme Court's affirmative defense doctrine in hostile environment sexual harassment cases. This doctrine provides that employers may avoid being held vicariously liable...
Birth Control as a Labor Law Issue
I. INTRODUCTION The latest challenge to choice is at the local drugstore. The century-long battle to give women the right to control their bodies and their working lives is far from over. The most recent guardians of public morals are the local...
Dance Halls, Masquerades, Body Protest and the Law: The Female Body as a Redemptive Tool against Trinidad's Gender-Biased Laws
I. INTRODUCTION Male domination of the female body is the basic material reality of women's lives; and all struggle for dignity and self-determination is rooted in the struggle for actual control of one's own body.... (1) The very...
Deconstructing the Maternal Wall: Strategies for Vindicating the Civil Rights of "Carers" in the Workplace
I. INTRODUCTION While the glass ceiling and sexual harassment continue to pose formidable obstacles to women's advancement in the workplace, many women are also harmed by another form of gender discrimination known as the "maternal wall." (2) Women...
Foreword: Looking for a Miracle? Women, Work, and Effective Legal Change
If you were asked to blurt out the first few words that popped into your head in response to the words "gender, work, and law," what would you say? The answer to that question tells us something about the current state of our culture, the law, and...
Joe Camel Explains It to the Board: Corporate Law, Women in the Workforce, and the Exploitation of Children
A USER'S GUIDE The premise of this article is that corporate law, as it is currently understood and allowed to operate, inevitably leads to the exploitation of children as consumers. The article acknowledges, deconstructs, and reconstructs some...
Love at Work
I. INTRODUCTION Work is serious business. Management requires that employees act rationally while on the job. Workers are expected to compartmentalize their on-duty and off-duty lives. At work, they should devote themselves to the tasks of the job...
Re-Defining Superwoman: An Essay on Overcoming the "Maternal Wall" in the Legal Workplace
I. INTRODUCTION You know her when you see her. She has a successful career as an attorney in a major law firm. She has a reputation at work for always being available to help out in a pinch, and her colleagues see her as a very hard worker. She...
Sexual Harassment, Misconduct, and the Atmosphere of the Laboratory: The Legal and Professional Challenges Faced by Women Physical Science Researchers at Educational Institutions
I. INTRODUCTION Former Harvard University President, Larry Summers, once made public remarks correlating women's intrinsic academic abilities to their scarcity in high-powered science jobs. (1) These controversial comments sparked a debate about...
Women in the Workplace: Which Women, Which Agenda?
I. INTRODUCTION When we talk about women in the workplace, there is a tendency to speak in broad generalizations, and frequently our own experiences deeply influence those generalizations. This has been particularly true of the work and family literature...
Work Sanctions under Welfare Reform: Are They Helping Women Achieve Self-Sufficiency?
The Personal Responsibility and Work Opportunity and Reconciliation Act (PRWORA) of 1996 (1) radically reshaped the landscape of welfare for women. (2) The changes transformed a program designed to meet the material needs of poor women and their families...

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