The Duke Journal of Gender Law & Policy is a student-edited interdisciplinary publication of Duke Law School devoted to discussions of gender, sexuality, race, and class issues in the context of law and public policy. Published since 1994, DJGLP aims to foster debate and encourage scholarship outside conventional boundaries.

News

The Globethics.net library contains articles of Duke Journal of Gender Law & Policy as of vol. 1 (1994) to current.

Recent Submissions

  • Gender Law: After Twenty-Five Years

    Bartlett, Katharine T. (Duke University School of Law, 2020-03-06)
  • Domestic Violence and the Home-Centric Second Amendment

    Blocher, Joseph (Duke University School of Law, 2020-03-06)
    The most prominent line-drawing debate in Second Amendment law and scholarship is whether and to what degree the right to keep and bear arms extends outside the home. Inside the home, the right is thought to be strongest, as private interests are at their apex and governmental interests are correspondingly weaker. But an uncritical acceptance of this home-centric Second Amendment is not well-equipped to account for the intersection between guns and domestic violence (DV). For women in particular, domestic violence in the home is a more significant threat than assault by a stranger, and studies have shown that the availability of a firearm in the home can exacerbate the already-significant risk that such violence ends in murder. The reality of armed DV poses a challenge for the home-bound or home-centric right to keep and bear arms, and for Second Amendment law and scholarship more generally.
  • Me Too? Race, Gender, and Ending Workplace Sexual Harassment

    Jones, Trina; Wade, Emma E. (Duke University School of Law, 2020-03-06)
  • Looking Beyond the Easel: Artists’ Contexts and Resale Payments

    DeMott, Deborah A. (Duke University School of Law, 2020-03-06)
  • Chaos, Accomplishment, and Work, or, What I Learned on Paternity Leave

    Young, Ernest A. (Duke University School of Law, 2020-03-06)
  • Constitutional Pronouns

    Miller, Darrell A. H. (Duke University School of Law, 2020-03-06)
  • In Harm’s Way: Gender and Human Rights in National Security

    Huckerby, Jayne C. (Duke University School of Law, 2020-03-06)
  • Journal Staff

    Duke University School of Law, 2020-03-06
  • Working to Fail

    Greene, Sara Sternberg (Duke University School of Law, 2020-03-06)
  • Why the Nineteenth Amendment Matters Today: A Guide for the Centennial

    Siegel, Neil S. (Duke University School of Law, 2020-03-06)
  • Re-Affirming the Value of the Sports Exception to Title IX’s General Non-Discrimination Rule

    Coleman, Doriane Lambelet; Joyner, Michael J.; Lopiano, Donna (Duke University School of Law, 2020-03-06)
  • Foreword: Gender Journals and Gender Equality: Reflections on Twenty-five Years of the Duke Journal of Gender Law and Policy

    Abrams, Kerry (Duke University School of Law, 2020-03-06)
    This Twenty-fifth Anniversary Volume of the Duke Journal of Gender Law and Policy is dedicated to Katharine T. Bartlett, A. Kenneth Pye Distinguish Professor of Law Emerita. She is a path-breaking scholar, inspiring leader, dynamic teacher, and loyal friend. Thank you, Kate, for your many contributions to furthering gender equality for generations of lawyers, students, and scholars.
  • Editors’ Note

    Duke Journal of Gender Law & Policy Editors, (Duke University School of Law, 2020-03-06)
  • Annie Get Your Gun: The Constitution, Women, and Involuntary Service in Combat

    Dunlap, Charles J., Jr. (Duke University School of Law, 2020-03-06)
  • Consensual Sex Crimes in the Armed Forces: A Primer for the Uninformed

    Cox, Walter T., III (Duke University School of Law, 2007-05-01)
    Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, . . . shall be punished at the discretion of that court.5 To implement this congressionally-enacted prohibition, the President, as Commander-in-Chief of the Armed Forces, has deemed by executive order that a number of acts are punishable under this Article.
  • Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse than the Disease

    Browne, Kingsley R. (Duke University School of Law, 2007-05-01)
    On Friday and Saturday of the convention, "hospitality suites" hosted by various flight squadrons were the scene of what can accurately be described as debauchery.6 The activities included performances by female strippers, sexual interaction with these strippers,7 drinking "belly/navel shots,"8 which entails men drinking alcohol out of women's navels, "butt biting"9 and leg shaving,10 which are what they sound like, and "ball walking," which consisted of fully clothed male officers walking around with their genitals exposed.11 The activities spread into the third-floor hall linking the suites. A "gauntlet" (or "gantlet")-a double line of male aviators, one on each side of the hallway-was set up, and those women who had the fortune or misfortune, depending upon their preferences, of finding themselves in the hallway were fondled and groped as they walked past the men.12 One of those women was Paula Coughlin, an admiral's aide who claimed that she had been victimized in the gauntlet.13 Depending upon whose version of the story is believed, she reported this activity to her boss within a day or a couple of weeks, and the Chief of Naval Aviation learned of the event sometime shortly after that.14 Although the convention took place in early September, it did not make the news until late October,15 at about the same time that the nation was transfixed by allegations of sexual harassment by Anita Hill against Supreme Court nominee Clarence Thomas.16 A. The Reaction The reaction of the Navy and Congress to the Tailhook mess converted an out-of-control party into a career-killer for hundreds of Navy personnel and a morale-killer for thousands of others.
  • Cultural Differences in Perceptions of and Responses to Sexual Harassment

    Zimbroff, Jennifer (Duke University School of Law, 2007-05-01)
    14 To be considered pervasive, the conduct must be repeated, continuous and concerted, and not merely an isolated incident or occasional occurrence.15 Moreover, to sustain a hostile environment claim, the conduct must have been unwelcome-that is, the conduct was neither invited nor incited by the complaining party-and the complainant must have clearly indicated that the conduct was unwelcome.16 Hostile environment sexual harassment encompasses a wide range of behaviors including, inter alia, displays of sexually-explicit materials, sexuallycharged or demeaning jokes, derogatory names or epithets, physical advances, repetitive requests for dates, repeated comments on physical appearance, and sexually-charged body language or facial expressions.17 The terms and conditions of employment need not have been tangibly affected, even if the offending conduct had the purpose of unreasonably interfering with the victim's work performance.18 To be actionable, the conduct at issue must have been tinged with offensive sexual content and must have demonstrated discrimination based on sex.19 The range of circumstances considered includes the frequency, severity, physical nature, associated humiliation, and job interference inherent in the harassing behaviors.20 As a precondition to an actionable harassment claim, would-be plaintiffs must first utilize any procedures established by the employer for prevention and correction of sexual harassment.21 The concept of hostile environment is both complicated and imprecise, leaving many issues for the courts to resolve.

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