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COGNITIVE BIASES THAT LEAD TO WRONGFUL CONVICTIONS: ILLUSTRATED BY TWENTY-THREE ERRONEOUS CHINESE CASES
Gender Sidelining and the Problem of Unactionable Discrimination
Gender dynamics suffuse virtually every workplace. Indeed, the way that employees interact with one another turns not only on their individual backgrounds, skills and personalities, but also frequently on their gender. While many employees embrace gender diversity at work and appreciate the benefits of incorporating both male and female perspectives into workplace programs and projects, this ideal does not translate into every work environment. In many workplaces, female workers continue to experience unfair (and often unlawful) treatment based upon their gender. The law has done much to outlaw overt gender discrimination at work, providing a legal framework within which female employees can vindicate concerns regarding gender-based decisions about hiring, promotion, discipline or pay. Similarly, a robust body of sexual harassment jurisprudence has given women a vehicle for protesting workplace actions that create a sexually hostile working environment.
Despite all of these strides, however, there remains a subtle but significant undercurrent of less obvious gender bias in the workplace today. In a variety of settings-from conventional boardrooms and factory floors to less conventional workplaces like the art studio, the athletic field or the political stage-women experience a broad range of adverse treatment at work that the law does not address: Male workers often garner more of the limelight than their female coworkers, attracting more attention and recognition. Women often lack access to important opportunities or feel subjected to greater scrutiny than their male peers. The media often portrays female workers in a demeaning or condescending manner, belittling or diminishing their contributions. None of these slights, in isolation, likely would give rise to a viable antidiscrimination claim. Yet collectively, these incidents-which constitute what this article refers to as gender sidelining -accumulate to create very real obstacles and barriers to advancement for women at work.
This article explores the various ways in which women across a wide range of employment settings may find themselves sidelined, upstaged or otherwise marginalized in ways not reached by traditional antidiscrimination laws. It both defines the scope of gender sidelining and illustrates the significant impact that this phenomenon has on the workplace for men and women alike. While the law frequently does not (and arguably should not) reach these subtle harms, gender sidelining nonetheless warrants significant attention for its potential to silence creativity, stymie innovation, and negatively impact the productivity and advancement of women at work
Who\u27s Causing the Harm?
My parents started a software company out of our family room when I was just five years old As a child, the business felt like the sixth member of our family A fourth child who grew up alongside my sisters and me and whom my parents struggled with, stressed over, and strove to infuse with their values just as they did their flesh and blood children. Take pride in your work and stand behind what you do applied equally to homework and product launches. The Golden Rule to treat others as you would like to be treated meant that, long before mandates, my parents provided all their employees with health insurance and a living wage. Along the way, corporate documents were drawn up and the corporation was born, a legal resident of our home state of Washington. But such formalities were an inconsequential blip compared to the seemingly endless discussions around the dinner table about coding issues; playing hide and seek in successively larger office spaces; or watching my parents put on a good face while they stressed over sales numbers.
My family\u27s business is the classic Ameican success story. What started in our den now occupies a small office building housing several dozen employees. My older sister and her husband have taken over the business-the next generation of the family enterprise. There has never been a formal corporate policy instructing the business: \u27Don\u27t be evil. Instead, my parents, and now my sister, run a company that mirrors their personal beliefs about honesty, integrity, morality, and hard work. A business that reflects who we are as a family. Envisioning my family without the business is difficult but the idea that the corporation could exist apart from my family simply does not compute
The United States, Mexico, and the War on Drugs in the Trump Administration
This Article examines the war on drugs as persecuted by the United States and how it has been exported to Mexico. It also explores the increased efforts in the drugs war that the Trump administration, through the U.S. Department of Justice, is pursuing at a domestic level. Part I of this Article provides an outline of the dynamics in the quickly evolving and highly tense relationship between the United States and Mexico. Part II of this Article details the historical background of the U.S.-Mexico border region and demonstrates that the border has long been a contested site. Part III provides a picture of the war on drugs in the United States and how it has failed. And failed it has, for “more than $1 trillion has been spent on more than 45 million drug arrests since President Nixon first coined the term ‘the war on drugs,’ … [y]et the rate of drug use in the United States remains unchanged.”
Part IV of this Article then details how the war on drugs in Mexico has made the U.S.-Mexico border region, like much of Mexico, even more insecure. It demonstrates how the efforts have led to a weakening of the Mexican State through an uptick in public insecurity in the country. In fact, in 2016, Mexico was the second deadliest country in the world according to the London, England-based International Institute for Strategic Studies which reported that the drug wars in Mexico cost 23,000 lives that year. Deaths from small-arms fire in our southern neighbor are second only to the deaths resulting from the civil war in Syria. Death rates continue to grow in 2017. Part V concludes this Article with a look at the unfolding drug policy of the Trump Administration in the context of overall bilateral relations between the U.S. and Mexico, including bilateral security arrangements as well as NAFTA, the impugned trilateral trade pact. This Article explores the manner in which, despite the efforts of the Mexican and U.S. governments, narco-trafficking organizations continue to grow their businesses, and in the process, destabilize Mexico, undermine its rule of law, and threaten U.S.-Mexico relations. Much of this is played out at the U.S.-Mexico border