Access the full text.
Sign up today, get DeepDyve free for 14 days.
S.T. Fiske
Stereotyping, prejudice, and discrimination
M. Adler (2003)
A Socio-Legal Approach to Administrative JusticeLaw & Policy, 25
D. Schiek, L. Waddington, M. Bell (2007)
Cases, Materials and Text on National, Supranational and International Non-Discrimination Law
S.A. Law
Homosexuality and the social meaning of gender
C. Oldfather
Judges as human: interdisciplinary research and the problems of institutional design
Alan Taylor (1983)
Conceptions of masculinity and femininity as a basis for stereotypes of male and female homosexuals.Journal of homosexuality, 9 1
E.Q. Shults
Sharply drawn lines: an examination of title IX, intersex, and transgender
G. Jr Chauncy
Christian brotherhood or sexual perversion? Homosexual identities and the construction of sexual boundaries in the World War I era
N. Taub, Catherine MacKinnon (1979)
Sexual harassment of working women : a case of sex discriminationColumbia Law Review, 80
R. Levenson
Sex discrimination in employment practices: an experiment with unconventional job inquiries
J. Segal, H. Spaeth (1993)
The Supreme Court and the Attitudinal Model
H. Genn, M. Partington, S. Wheeler
Law in the real world: improving our understanding of how law works
S. Bem (1993)
The Lenses of Gender: Transforming the Debate on Sexual Inequality
M. Bierly (1985)
Prejudice Toward Contemporary Outgroups as a Generalized AttitudeJournal of Applied Social Psychology, 15
M. Galbraith (1992)
Understanding Career Choices of Men in Elementary EducationJournal of Educational Research, 85
S. Keiller (2010)
Masculine norms as correlates of heterosexual men’s attitudes toward gay men and lesbian women.Psychology of Men and Masculinity, 11
S.A. Marcosson
Harassment on the basis of sexual orientation: a claim of sex discrimination under title VII
L. Serbin, C.H. Sprafkin
A developmental approach: sexuality from infancy through adolescence
J. Halley
The politics of the closet: towards equal protection for gay, lesbian and bisexual identity
J. Bosson, Jennifer Prewitt-Freilino, Jenel Taylor (2005)
Role rigidity: a problem of identity misclassification?Journal of personality and social psychology, 89 4
S. Fiske (2000)
Stereotyping, prejudice, and discrimination at the seam between the centuries: evolution, culture, mind, and brainEuropean Journal of Social Psychology, 30
N. Henley, Fred Pincus (1978)
Interrelationship of Sexist, Racist, and Antihomosexual AttitudesPsychological Reports, 42
S. Forsythe (1990)
Effect of Applicant's Clothing on Interviewer's Decision to HireJournal of Applied Social Psychology, 20
D. Stipp, A.H. Moore
Mirror, mirror on the wall, who's the fairest of them all?
P. Chynoweth
Legal research
B. Denizet‐Lewis
Putting on a good face: lipstick lesbians may favor makeup and dress‐up over political activism, but their very existence rejects the stereotype that femininity is reserved for straight women
L. Fuller, Kenneth Winston (1978)
The Forms and Limits of AdjudicationHarvard Law Review, 92
Francisco Valdes (1995)
Queers, Sissies, Dykes, and Tomboys: Deconstructing the Conflation of &lsquolSex,’ ‘Gender,’ and ‘Sexual Orientation’ in Euro-American Law and SocietyCalifornia Law Review, 83
E. DeSouza, Solberg (2004)
Women's and Men's Reactions to Man-to-Man Sexual Harassment: Does the Sexual Orientation of the Victim Matter?Sex Roles, 50
B. Cohler, R. Galatzer‐Levy (2000)
The Course of Gay and Lesbian Lives: Social and Psychoanalytic Perspectives
J. Kihlstrom, N. Cantor (1984)
Mental Representations of the SelfAdvances in Experimental Social Psychology, 17
M. Case (1995)
Disaggregating Gender from Sex and Sexual Orientation: The Effeminate Man in the Law and Feminist JurisprudenceYale Law Journal, 105
J. Butler (1990)
Gender Trouble: Feminism and the Subversion of Identity
Selcuk Sirin, D. McCreary, J. Mahalik (2004)
Differential Reactions to Men and Women's Gender Role Transgressions: Perceptions of Social Status, Sexual Orientation, and Value DissimilarityThe Journal of Men's Studies, 12
J. Ramseyer (1994)
The Puzzling (In)Dependence of Courts: A Comparative ApproachThe Journal of Legal Studies, 23
J. Frank (1951)
Courts on trial : myth and reality in American justiceJournal of Criminal Law & Criminology, 41
R. Wyer, T. Srull (1993)
Handbook of Social Cognition
T. Brower (2008)
Social Cognition 'At Work:' Schema Theory and Lesbian and Gay Identity in Title VII
L. Chusmir (1990)
Men Who Make Nontraditional Career ChoicesJournal of Counseling and Development, 69
Jersey Journal (NJ)
Breaking barriers
E.L. Kennedy, M. Davis
They was no one to mess with’: the construction of the butch role in the lesbian community of the 1940s and 1950s
T. Almaguer
Chicano men: a cartography of homosexual identity and behavior
L. Krieger (1995)
The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment OpportunityStanford Law Review, 47
L. Baum (2006)
Judges and Their Audiences: A Perspective on Judicial Behavior
R. Jr Schneider
BTW, science prances on
J. Lerner, P. Tetlock (1999)
Accounting for the effects of accountability.Psychological bulletin, 125 2
P. Chynoweth (2009)
Legal scholarship: a discipline in transitionInternational Journal of Law in The Built Environment, 1
Kerri Johnson, S. Gill, Victoria Reichman, L. Tassinary (2007)
Swagger, sway, and sexuality: Judging sexual orientation from body motion and morphology.Journal of personality and social psychology, 93 3
W. Williams
The equality crisis: some reflections on culture, courts, and feminism
R. Blanpain, H. Nakakubo, T. Araki, C. Barnard (2008)
New developments in employment discrimination law
M. Kelman (1987)
A Guide to Critical Legal Studies
Zachary Kramer (2008)
Heterosexuality and Title VIIEmployment Law eJournal
Jimmy Ciliberto, F. Ferrari (2009)
Interiorized Homophobia, Identity Dynamics and Gender Typization. Hypothesizing a Third Gender Role in Italian LGB IndividualsJournal of Homosexuality, 56
Martin Hees, B. Steunenberg (2000)
The Choices Judges MakeJournal of Theoretical Politics, 12
P.T. Spiller
A positive political theory of regulatory instruments: contracts, administrative law or regulatory specificity?
A. Herman-Jeglińska, A. Grabowska, S. Dulko (2002)
Masculinity, Femininity, and TranssexualismArchives of Sexual Behavior, 31
G. Garrett, R. Kelemen, Heiner Schulz (1998)
The European Court of Justice, National Governments, and Legal Integration in the European UnionInternational Organization, 52
C.E. Cohen
Goals and schemata in person perception: making sense from the stream of behavior
M. Salter, J. Mason (2007)
Writing Law Dissertations: An Introduction and Guide to the Conduct of Legal Research
G. Garrett, R. Kelemen, Heiner Schulz (2007)
International Law and International Relations: The European Court of Justice, National Governments, and Legal Integration in the European Union (1998)
Clark Freshman (1999)
Whatever Happened to Anti-Semitism - How Social Science Theories Identify Discrimination and Promote Coalitions between Different MinoritiesCornell Law Review, 85
R. Lauer, Warren Handel (1977)
Social psychology: The theory and application of symbolic interactionism
K. Clark, M. Clark
Racial identification and preference in Negro children
M. Brewer (1993)
Social identity, distinctiveness, and in-group homogeneity.Social Cognition, 11
Brandon Bartels (2010)
Top-Down and Bottom-Up Models of Judicial Reasoning
R. Cooter, Tom Ginsburg (1995)
Comparative judicial discretion: An empirical test of economic modelsInternational Review of Law and Economics, 16
A. Tversky, D. Kahneman (1973)
Availability: A heuristic for judging frequency and probabilityCognitive Psychology, 5
M. Dahl
Gay or straight? Watch his walk, new study suggests body movement gives clues to sexual orientation
T. Harding (2007)
The construction of men who are nurses as gay.Journal of advanced nursing, 60 6
Patricia Linville (1998)
The heterogeneity of homogeneity.
R. Simpson (2005)
Men in Non‐Traditional Occupations: Career Entry, Career Orientation and Experience of Role StrainGender, Work and Organization, 12
A. Brower, P. Nurius (1993)
Social Cognition and Individual Change: Current Theory and Counseling Guidelines
M.R. Gottfried, C. Robins
Self schemata, cognitive bias and the processing of therapeutic experiences
P. Chynoweth
Editorial legal scholarship: a discipline in transition
D. Rumelhart (1984)
Schemata and the cognitive system.
H. Genn, S. Wheeler, M. Partington (2006)
Law in the Real World : Improving Our Understanding of How Law Works: Final Report and Recommendations
Purpose – Borrowing from the literature on social cognition and schema theory, the purpose of this paper is to examine sexual orientation and sex discrimination, to critique and refine that doctrine, particularly when traditional gender roles are enforced in workplaces. The insights of cognitive schemas on lesbian and gay identity are employed to link models of judicial decision making and gender/sexual orientation. Design/methodology/approach – Methodologically, the paper is located in the sociolegal tradition, but also uses case analysis to supplement and advance its thesis. Because US nondiscrimination law distinguishes between sexuality and gender discrimination, it provides a unique laboratory to critique not only American law, but the structure of nondiscrimination law generally. Findings – Judges' and others' schemas of lesbian and gay men suggest explanations for the analytical confusion in nondiscrimination law. Additionally, the paper's specific findings both supplement and question aspects of extant models of judicial decision making and gender/sexuality. Originality/value – Social cognition framework enables judges and commentators to reconceptualize facts and relevant doctrine in gender and sexual orientation discrimination cases and to critique some fundamental assumptions of nondiscrimination law. Further, because the paper bridges judicial decision making and gender/sexuality, researchers in those areas can use this analysis of a specific legal context to provide additional insights into how those models work and their underlying, hidden assumptions. This is a conference paper based on this author's work on schema theory and sexual orientation identity in nondiscrimination law.
Equality Diversity and Inclusion: An International Journal – Emerald Publishing
Published: Nov 8, 2011
Keywords: United States of America; Laws and legislation; Sexual orientation; Sexual discrimination; Gender; Judges; Lesbians; Gay men
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.