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The article proposes the extension of Title VII's sex stereotyping theories to the Fair Housing Act in the U.S. It argues that women who are victims of domestic violence and evicted from their homes based on the criminal actions of their abusers can file claims for sex discrimination under the Fair Housing Act. It discusses two theories of sex stereotyping developed under Title VII jurisprudence of the Civil Rights Act of 1968 that female victims of domestic violence can use in claiming for sex discrimination. It looks at the one-strike policies used by landlords in the country to evict female victims of domestic violence.

The article focuses on the U.S. court case related to employment and labor law. Topics discussed include Harris v. Union Pacific Ry. Co. on class action of railroad employees challenging their employer's fitness for duty policy under the Americans with Disabilities Act (ADA); Main v. Ozark Health, Inc. on claims of age and sex discrimination by a discharged manager of radiology and Minn. Chamber of Commerce v. City of Minneapolis on ordinance requiring employers to provide sick leave.

The article discusses the issues which arise from the constitutional commitment of South Africa to the principles of equality and religious rights. It recalls the approval of the 1996 Constitution with provisions of the Bill of Rights that firmly establish policies on non-racialism and non-sexism. However, despite the modernization of the country's Bill of Rights, majority of its people's political values are not advanced and they are based on international human right norms.

Throughout the common law world, it has been an established principle that clergy are not employed under a contract of service; their calling does not have any contractual foundation. Attempts by clergy in the past to invoke the statutory remedies of unfair dismissal and workers compensation have failed because of the absence of a contract of service. The decision of the House of Lords in Percy v Board of National Mission of the Church of Scotland [2006] 2 AC 28 on a sex discrimination claim brought by a former minister has significant implications for the status of clergy under the common law, as well as the right of clergy to seek relief under discrimination and unfair dismissal legislation. [ABSTRACT FROM AUTHOR]

Measurement, as one aspect of managerialist practice, has become important in the local government arena in the UK. Legislative changes support the development of sexualities equalities initiatives in local authorities, but there is an absence of systems for evaluating these. Current indices of success can be applied to sexualities work in local government, but these are limited, given the impact of factors such as homophobia, party politics and local government restructuring. Complementary indicators concern policy making, anti-discrimination, and community leadership. Whilst provoking, perhaps, a politicisation of managerialism, such developments may be most usefully framed in administrative terms. [ABSTRACT FROM AUTHOR]

The article discusses the National Association of Securities Dealers (NASD) arbitration rules and the proposal to adopt a rule change that would require arbitrators to produce an explained award. The mandate for an outcome explanation could erode the distinction between arbitration and litigation, as well as impact the NASD dispute resolution system. The rationale for changing Rule 10330 of the NASD Code of Arbitration Procedure, trends in NASD arbitration, and the opinion in a class action gender discrimination lawsuit, Cremin v. Merrill Lynch, Pierce, Fenner & Smith, are mentioned.

This article explains, first, why there was a uniform emergence of equal opportunities legislation across East Central European states in the late 1990s and early 2000s and, second, why the speed of adoption varied across countries. The author deviates from a traditional comparative focus on domestic factors and instead treats her two case studies—Poland and the Czech Republic—as part of an international system in which external actors can exert a simultaneous but differential effect on domestic policies. The author argues that the European Union (EU) accession process prompted equal opportunities legislation in both countries but domestic actors mediated this influence in different ways. In Poland, legislation was delayed due to an organized opposition to EU gender equity laws and its close ties to parties of the Right in government, two factors absent from the Czech case where laws passed earlier. The author also suggests that the EU's financial and political resources may enable it to reshape these domestic actors in the future. [ABSTRACT FROM AUTHOR]

The article discusses the implementation of sexual discrimination law that will provide protection on transgendered individuals. According to the author, college and university attorneys should understand the legal status of the issue and the legislative trends. This is to ensure the establishment of an appropriate plan and to provide sound advice when transgendered person-related issues arise on campus. The author also provides a summary on the evolving law on sexual versus gender identity, notes on the development in legislation, and identification on practical implications and best practice resources for colleges and universities.

For over 3 decades, those engaged in the battle over the Equal Rights Amendment (ERA), along with many scholarly commentators, have argued that ratification of the amendment will read U.S. courts (1) to elevate the standard of law they now use to adjudicate claims of sex discrimination, which, in turn, could read them (2) to find in favor of parties claiming a denial of their rights. We investigate both possibilities via an examination of constitutional sex discrimination litigation in the 50 states-over a third of which have adopted ERAs. Employing methods especially developed for this investigation, we find no direct effect of the ERA on case outcomes. But we do identify an indirect effect: the presence of an ERA significantly increases the likelihood of a court applying a higher standard of raw, which in turn significantly increases the likelihood of a decision favoring the equality claim. [ABSTRACT FROM AUTHOR]

Explores the doctrinal framework for addressing sexual harassment claims after the U.S Supreme Court ruling in Oncale v. Sunflower Offshore Services Inc. Development of the traditional employment discrimination construct in the context of male-on-female discrimination and harassment; Overview of the Supreme Court's sexual harassment jurisprudence; Impact of Oncale on the traditional employment discrimination construct; Decisions of lower courts after the Supreme Court ruling.

The article recognizes anti-gay harassment and sex discrimination under the Title VII and Title IX. Advocates should focus on Title IX, by recognizing the obligation of schools both to educate and protect children, and by appreciating the struggles young people inherently face regarding their identity, judges have proven themselves more willing to bend the rules under Title IX. The next step is to use this more sympathetic context to reinterpret anti-discrimination law more broadly. Just as Title VII has formed the foundation of Title IX jurisprudence; advocates can reincorporate progress under Title IX into Title VII jurisprudence. Over the last twenty years, the U.S. Supreme Court has expanded Title VII to cover sexual harassment, moving from not covering it a all to recognizing that sexual harassment may occur among members of the same sex. The Court has also made significant progress in recognizing gender discrimination as sex discrimination, a step significantly affecting the area of same-sex sexual harassment. Courts are moving in the right direction toward covering gay plaintiffs, but current case law increasingly has stalled and muddled this progress.

Title IX of the 1972 Education Amendments prohibits discrimination on the basis of sex in any educational program receiving federal financial assistance, including athletics. Although the statute has brought great improvements in female athletics, such achievements have not come without problems. Title IX's complex regulatory framework, developed by the Department of Education, has led to numerous lawsuits. In early cases, courts interpreted and upheld the framework as consistent with Title IX. This Note argues, however, that the courts' early decisions and interpretation of the framework, coupled with educational institutions' current fiscal constraints, have left institutions with only one option for compliance: cutting men's teams. Such an inflexible framework amounts to a gender-based quota system that, under recent affirmative action caselaw, courts should hold unconstitutional. Only then will the Department of Education have the impetus to reinterpret the regulatory framework so that Title IX can operate in the way in which it was originally intended. [ABSTRACT FROM AUTHOR]

The article focuses on the role of women teachers. Great strides have been made to disrupt the assumptions underlying the sex/gender system that naturalizes the feminization of caring and service professions like teaching. However, even though laws are in place to prevent gender discrimination, equality and equal opportunity remain de jure and not de facto concepts for many women. The de jure/de facto disconnect is particularly apparent in a gendered comparison of teachers' earnings. In other words, women teachers who have the same level of education and experience and who teach in comparable school districts and levels as their mate colleagues still earn salaries that are 5-6 percent less than their male counterparts. For private schools, the difference is greater, 8-9 percent. The appearance of equal pay and opportunity created by gender-neutral salary scales in the teaching profession masks the reality that women are more likely to sacrifice their careers for their families, a mask that has its historical base in how women came to preponderate the teaching profession in the first place in the late nineteenth and early twentieth centuries.

Looks at the dehumanizing rhetoric the law relies on to excuse doctrinally unsupportable denial of legal protection for transgender people in reference to the case of Josh, a female-to-male transgender man from Springfield, Illinois. Theories of the normalcy; Factors that contributed to the failure of law to recognize liminal subjects of normalcy among transgender people; Examination of sex discrimination, disability and sexual orientation laws to determine whether certain subset of transgender people might obtain protection.

The Equal Treatment Directive, which will come into force on 21 December 2007, aims to outlaw‘discrimination’ between men and women in the calculation of insurance premiums, is founded upon a fallacious understanding of the nature of actuarial calculations and the morality of‘discriminatory’ calculations where state provision of insurance has traditionally been‘non-discriminatory’. The Equal Treatment Directive will have perverse consequences contrary to the aims of its creators– benefiting the better-off at the expense of the poor and, in some circumstances, men at the expense of women– and will also threaten the private provision of pensions and healthcare essential to solving the looming pensions and healthcare funding crisis among EU member states. [ABSTRACT FROM AUTHOR]

The recently revised provisions on sex discrimination in European law are critically evaluated. The evaluation is focused on substantial issues, technical issues such as consistency and clarity, and on the problems observed in the implementation of discrimination provisions in the national legislation. The consistency of different language versions of community legislation is also covered. The problematic issues observed in the evaluation are discussed, and possible cures are briefly outlined. [ABSTRACT FROM AUTHOR]

The focus of this article is an evaluation of the Race Relations (Amendment) Act 2000. which imposes duties on public authorities, and the Sex Discrimination (Election Candidates) Act 2002. which gives opportunities to political parties over the selection of candidates. Both of these Acts help to move anti-discrimination law in the United Kingdom away from a concentration on remedies for inconsistent treatment towards the acceptance of the need for positive measures aimed at both protecting and also advancing the position of an under-represented group. The article suggests that the positive measures these Acts exemplify may lead to conflict with the background principle that individuals should be treated with equal concern and respect. The article suggests that this principle underlies the limits to positive action in employment schemes under European Union law (the article includes a consideration of whether such limits apply to election candidacy): it goes on to consider the principle in respect of the limits to positive action authorised by these two Acts that may follow from the Human Rights Act 1998. The article concludes by considering whether the new legislation provides acceptable models for the future. [ABSTRACT FROM AUTHOR]

This article reports that the peremptory challenge system has a vast history, dating back more than two thousand years. The Romans were the first to use the peremptory challenge in 104 B.C. The modern day American jury system inherited the peremptory challenge system from English common law in 1790. By 1870, the great majority of the American states provided the defense and prosecution alike a specified number of peremptory challenges in judicial actions. Since that time, attorneys have used this power to strike potential jurors for any reason they have deemed necessary.

This paper considers, by way of conjunctural analysis and genealogical investigation, the policed culture of sex under the regulatory regime of 'virtuous custom' as sustained by the now defunct Police Offence Law (abrogated and replaced by the Social Order Maintenance Law in 1991) between the 1950s and 1990s. It attempts to trace the historical process whereby the social/sexual order came to be established in postwar Taiwan, thus articulating the cultural specificity of gendered/sexual subjectivities as formed within that particular geo-political terrain. Examining the police technology as well as the official/journalistic discourse of sex, this paper demonstrates that 'virtuous custom', a nationalist ideological construct predicated upon the Confucian sage-king paradigm, operated as a norm of sex whose boundary was secured through the policing of non-familial/non-marital sexualities, arguing further that both female sexuality and male homosexuality have been historically regulated by the state through its banning of prostitution. As the normative regime of 'virtuous custom' has become even more hegemonic due to the rise in recent years of anti-prostitution state feminism, contesting the new social/sexual order on the grounds of its ideological operations and practices represents the most challenging task for progressive sexual and gender politics in Taiwan today. [ABSTRACT FROM AUTHOR]

This article examines the link between women's rights and the "War on Terror," and advocates a change in the United States' policy to incorporate women's rights into a national security strategy to confront militant Islamic fundamentalism. Specifically, the U.S. should ratify the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and take advantage of the Treaty's status as the authoritative international statement on women's rights to direct such efforts towards the Arab and Muslim world. The United States' promotion of CEDAW can reinitiate a debate on women's rights in Muslim societies, shift the political balance of power towards progressive forces, and weaken the appeal of the fundamentalist ideology, which opposes such ideas from within. The Treaty would shield the U.S. from the political costs of activism, and would represent an important step in winning the hearts and minds of Muslims, which is essential to changing the current political dynamic that allows fundamentalism to flourish. [ABSTRACT FROM AUTHOR]

Focuses on the ruling of the European Free Trade Area (EFTA) Court on the case Surveillance Authority versus Norway which deals with sex equality. Facts of the case; Importance of EFTA Court ruling on the direction of future European Court of Justice ruling involving similar cases; Arguments of the parties to the case; Bases for the ruling of the EFTA Court.

Evaluates the historical development of the judicial approach to affording employees protection against discrimination on the basis of their sexual orientation. Information on the Sex Discrimination Act of 1975; Overview of the case Smith versus Gardner Merchant Ltd.; Background of the case Grant versus South- West Trains Ltd.

Focuses on the issue of sports, sex and Title IX which aim to end sex discrimination in publicly funded schools in the U.S. Move of the Department of Education to reaffirm existing Title IX policy, rejecting proposed changes in July 2003; Details of the modifications proposed by the Department of Education's Commission on Opportunity in Athletics; Information on how institutions can meet the requirements of Title IX.

Discrimination on the basis of sex in employment is illegal&mash;usually. In cases in which employers contend that sex-based hiring is necessary to protect the privacy interests of their customers, however, and in cases in which employers contend that sex-based hiring is necessary to provide a particular type of sexual titillation for their customers, courts sometimes do allow employers to discriminate. Courts say that they allow sex discrimination in employment when it is necessary to preserve the "essence of the business. " This Article shows, however, that there is no plausible conception of business "essence" that can explain and make sense of the existing case law. The Article therefore looks beyond the courts' rhetoric to explain and defend why courts distinguish in the ways they do between permissible and impermissible sex discrimination in employment. [ABSTRACT FROM AUTHOR]

In recent years, the licensed trade in Great Britain has had to adapt to changing trends in leisure and simultaneously, cope with major structural change and management reorganisation. Within this context there is an increase in government regulation of the employment world both to full-time and to other employees. This has extended to enhanced protection of peripheral workers as a current European Union priority and the issue of directives. The article outlines the principal changes in the trade and the modem management trends. From there, it proceeds to analyse the impact of some key aspects of the law relating to sex discrimination and its observance by the managers/tenants of public houses. This is limited to the recruitment of staff but touches on sexual harassment and the rights of peripheral workers. An examination of the literature is undertaken and a comparison between the findings from this and the empirical research from a case study is made, exploring the differences between the attitudes of differing categories of licensee. Managers are more compliant with the spirit of the law than tenants and lessees. The consequences of noncompliance with the law are stressed.

As the football industry continues in its struggle to balance its traditional regulations and practices with the demands of domestic and European law it is evident that entrenched attitudes within the game will have to be changed if the industry is to avoid further damaging litigation. One such area is in the appointment of football managers (or head coaches), where the practices of selection seem to contravene the most basic principles of employment law with regard to the Sex Discrimination Acts. This article argues that the appointment of ex professional players as Managers violates the prohibition on indirect sex discrimination, and asserts that being male is not a ``genuine occupational qualification'' for the post. The article analyses case studies of football managers to substantiate its claims, and uses interviews carried out with coaches and players in the women's Premier League in order to discuss sex discrimination and the non-appointment of women to one of the most important posts in the football industry in more general terms. [ABSTRACT FROM AUTHOR]

Highlights court cases in Great Britain as of June 2003. Case concerning the question of whether homosexuals who have been discriminated against can obtain a remedy against employers under the Sex Discrimination Act of 1975; Interpretation of provisions of the Trade Union and Labour Relations Act of 1992 in the trial involving the National Association of Schoolmasters.

Discusses the controversy surrounding the interpretation of Title IX, which prohibits discrimination on grounds of sex in U.S. academic institutions that receive federal funding. Difficulties in translating the Nike advertisement slogan Just Do It; Problems in implementing Title IX in college athletics; Consequences of Title IX.

Examines the proposed Sex Discrimination (Election Candidates) Act of 2002 in Great Britain. Attempt to track the development of the proposed legislation; Determination of the likely effectiveness of the legal intervention as a means of addressing the issue of equal representation in formal political structures.

Explores how analyzing the historical record of a practice can inform an investigation into whether the practice is consistent with women's full citizenship stature or operates to perpetuate their legal, social and economic inferiority. Information on the sex discrimination case, U.S. versus Virginia; Sex discrimination jurisprudence of the Supreme Court; Constitutional law of sex discrimination.

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination in a number of key aspects of the employment relationship and constitutes the major piece of legislation concerning employment discrimination, This article centers specifically on its treatment of sex discrimination. Employees or applicants who believe that they have been sexually discriminated against in the areas of compensation, terms, conditions, or privileges of employment may bring a claim against covered employers for violations of Title VII. Coverage is premised on the discriminating entity meeting the statutory definition of "employer." The imposition of liability is governed by common law principles of agency. Employers may be held liable for the discriminatory acts of individual employees. In Burlington Industries Inc. v. Ellerth, the Supreme Court held that a tangible employment action taken by an individual supervisor becomes the act of the employer for Title VII purposes.

Historically, female students, coaches, and referees have faced unequal treatment and discrimination in the funding and administration of women's athletic programs. in the U.S. Although women make up approximately 54% of college students, only 4 1.5% of all National Collegiate Athletic Association (NCAA) athletes are female. In the 1999-2000 academic year, 43% of scholarship funds and 36.2% of overall athletic budgets at Division 1 colleges and universities went to female student athletes. Although female students seeking injunctive relief and/or monetary compensation under Title IX bring most suits, employees of educational institutions have also brought claims of sex discrimination in athletic programs. Male students have generally been unsuccessful in bringing such claims? This article examines federal prohibitions on gender disparity in athletics, including Title IX and constitutional protections. Then, after discussing related state prohibitions on gender disparity in athletics, the section reviews common athletic litigation issues, such as increased opportunities for participation, competition on opposite-sex teams, sexual harassment, and discrimination against coaches and officials in compensation. Finally, the section reviews remedies available under Title IX and alternatives to litigation.

Considerable controversy surrounds the use of standardized test scores to determine admissions, scholarships and other financial aid awards, as well as primary and secondary school promotion. Many scholars and policy analysts assert that female students' test scores do not accurately reflect their knowledge, academic achievement, or academic potential) Furthermore, female students are disadvantaged in admissions and financial aid because male students traditionally score higher on standardized tests than female students who are similarly situated in terms of prior academic success. This article evaluates legal actions available when standardized testing is used in a manner that disparately impacts women in the determination of scholarships and other financial aid awards, as well as in primary and secondary school promotion. Title IX's prohibition of sex discrimination in federally funded educational institutions applies to decisions regarding admissions, scholarships, and other financial aid awards. Specifically, regulations promulgated pursuant to Title IX prohibit the use of tests or other criteria that have a disproportionate effect on persons because of their sex.

The United States Department of Education's Office for Civil Rights (OCR) is the primary administrative body responsible for enforcing Title IX's prohibition on sex discrimination in programs that receive federal funds. Although courts have consistently deferred to OCR's regulations promulgated pursuant to Title IX legislation, they have varied in their deference to OCR's Policy Guidance and other administrative documents. In addition, OCR may enforce its own interpretation of Title IX through administrative means, even if the discriminatory conduct is not actionable in a private cause of action under Title IX. The U.S. Supreme Court has called for an interpretation of Title IX that is as broad as its language. Prior to 1984, Title IX was administered and construed to apply to all programs and activities within any educational institution that received federal funds from the government. In 1984, the Supreme Court, limited the application of Title IX by stating that only those programs or activities that receive direct federal financial assistance can be held under the umbrella of Title IX.

Taking a comparative perspective, this article examines the effect upon single persons of eligibility criteria for access to new reproductive technologies in the UK, using as a parallel recent developments in this area in Australia. Through an analysis of the decision of the Federal Court of Australia (Victoria) in McBain v. State of Victoria & others [2000] FCA 1009, in which state legislation that prohibited single women from gaining access to assisted conception services was deemed contrary to the Commonwealth's Sex Discrimination Act 1984, the article examines the potential for challenging the current access provisions in the UK. This is particularly relevant in the light of developments at the supra-national level, including the recent incorporation into domestic law of the European Convention on Human Rights and the increasing potential of European Union law to touch upon health-care matters. [ABSTRACT FROM AUTHOR]

Comments on the article of Edward Stein in the December 2001 issue of 'UCLA Law Review' which criticized the sex discrimination argument for lesbian and gay rights, or the analysis of laws on sexual orientation in terms of sex discrimination. Failure of Stein's doctrinal objections to include the argument's claims and the connections between heterosexism and sexism; Claims of Stein on the moral flaws of the sex discrimination argument.

Discusses the sex discrimination argument for lesbian and gay rights, or the analysis of laws on sexual orientation in terms of sex discrimination. Types or claims and arguments for lesbian and gay rights; Objections to the sex discrimination argument; Problems with the sex discrimination arguments.

Examines the treatment of asylum claims in the United States which involves gender-related persecution. Analysis of decisions published by the Board of Immigration Appeals; Examination of amendments to the regulations that govern asylum law; Suggestions on the improvement of asylum regulations.

States that the transport industry has traditionally been male dominated. Focuses on recent studies and findings in the automotive and transportation/logistic professions that are historically most exposed to sexual discrimination. Covers wage differentials, advancement opportunities, and glass ceiling issues. Looks at efforts to fight such issues and provides some examples of case law. Concludes that the increasingly competitive business environment and the cost of litigation have led to much improvement in this industry. [ABSTRACT FROM AUTHOR]

The article presents information related to the status of labor in Great Britain with reference to the article "Voting for Ford." The article was published in 1980 which criticized radical analyses of industrial democracy that argued forms of workers control within capitalism could only lead to the 'incorporation' of the working class. During 1980s, the initiative of labor was vital in the production process and it created the space for class conflicts over the organization of work and the allocation of resources from it whose results were not determined in advance. Various legislations including legislations on health and safety, employment protection, union recognition and sex discrimination were passed by the British government in 1980s.

The article discusses a court case wherein the Inner House of the Scottish Court of Session ruled that dismissal of Roderick MacDonald from the Royal Air Force on the basis of his sexual orientation did not constitute unlawful sex discrimination under the Sex Discrimination Act 1975 (SDA). In the case Secretary of State for Defence v MacDonald, the civil appellate court rejected the respondent's argument that the meaning of sex under SDA includes both gender and sexual orientation. An interpretation of the Human Rights Act 1998 (HRA) is presented.

Analyzes the rhetoric of legal decisions treating the attempt of girls to play baseball in the U.S. Information on the enactment of Title IX of the Educational Amendments prohibiting gender discrimination in educational settings by the Congress in 1972; Influence of the law to the participation of female in sport specifically in the national game of baseball; Details on baseball and cultural identity.

United Kingdom sex and race discrimination legislation has been in place for 25 years. There is general agreement both that the legislation has had some degree of beneficial impact but that change is long overdue. There is a need to take greater and more sophisticated account of the limits of law as a medium for the promotion of social change. At the same time, international and other developments continue to press for the extension of legislation to different grounds of discrimination. The University of Cambridge Centre for Public Law and the Judge Institute of Management Studies recently published a report entitled `Equality: a New Framework.' At approximately the same time the Runnymede Trust (which is concerned solely with racial justice) published a report entitled `The Future of Multi-Ethnic Britain.' This review article examines both reports, concentrating on the issues relevant to the legal control of employment discrimination. It congratulates the authors of both reports for their detailed and sophisticated understanding of the issues, and their proposals for law reform, but remains somewhat sceptical of the capacity of even a reformed law to transform the behaviour and attitude of employers, especially small and medium-sized employers. [ABSTRACT FROM AUTHOR]

Given the difficulties involved in proving indirect sex discrimination, the practical importance of the allocation of evidential burdens and the quantum of proof required to discharge those burdens should not be underestimated. The recent decisions by the ECJ in Case C-167/97 R v Secretary of State for Employment ex parte Seymour-Smith [1999] ECR 1-623 and by the House of Lords in Barry v Midland Bank plc [1999] IRLR 581 and R v Secretary of State for Employment ex parte Seymour-Smith (No 2) [2000] 1 All ER 857 erect significant barriers to indirect discrimination claims, especially in cases challenging legislation. The apparent retreat from a vigorous application of the indirect discrimination concept may reveal judicial uneasiness with the substantive view of equality that underlies the concept, as well as discomfort with the quasi-constitutional implications of over-riding legislative policy judgments. [ABSTRACT FROM AUTHOR]

Feminist debate has moved away from an emphasis on how women differ from men and towards acknowledgement of differences among women. This article explores a division of growing importance for the new millennium: the division between women who choose to remain childless and those who choose to become mothers. The article demonstrates that more women are choosing to remain childless in the UK and the USA. It claims that the increase in childlessness is a demographic trend that is affecting the whole of the western, developed world. The main point of the article is to suggest that the way sex discrimination law is currently structured means that the demographic change identified will work to the disadvantage of both mothers and not-mothers. [ABSTRACT FROM AUTHOR]

The article discusses the conditions of transgender persons in the correctional and legal system in Australia. It mentions that transgender inmates are at high risk of assault or self-harm despite the small number of such persons in the Australian prison system. An overview of the various definitions of a transgender person under the New South Wales Anti-Discrimination Act is offered. It also discusses several identified issues for corrective services, occurrences of transgender persons and the choice of institutions.