RSS 1.0Duke Journal of Gender Law & Policy
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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.
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The Globethics library contains articles of Duke Journal of Gender Law & Policy as of vol. 1 (1994) to current.
Recent Submissions
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Domestic Violence and the Home-Centric Second AmendmentThe 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.
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Journal StaffDuke University School of Law, 2020-03-06
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Foreword: Gender Journals and Gender Equality: Reflections on Twenty-five Years of the Duke Journal of Gender Law and PolicyThis 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.
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Consensual Sex Crimes in the Armed Forces: A Primer for the UninformedThough 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.
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Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse than the DiseaseOn 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.
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Lessons from Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance and Dress CodesImporting interpretations of Title VII developed from the equal opportunity harasser doctrine to dress code cases-which also fall under the purview of Title VII-would allow courts to focus on the sex-based underpinnings of employer dress codes that construct women as generally inferior to men and the harm that dress codes present to individuals who deviate from accepted gender norms, without requiring comparative evidence of unequal burdens to both sexes.