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- Michigan Journal of Gender & Law (5)
- Michigan Law Review First Impressions (3)
- Duke Journal of Gender Law & Policy (2)
- Michigan Journal of International Law (2)
- Pace Law Review (2)
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- Duke Journal of Comparative & International Law (1)
- Human Rights & Human Welfare (1)
- Human Rights Brief (1)
- Michigan Law Review (1)
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Articles 1 - 22 of 22
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Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron
Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron
Michigan Law Review
The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women's home addresses alongside suggestions that they are interested in anonymous sex, and technological attacks that shut down blogs and websites. It impedes women's full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women's experiences, deeming the harassment harmless teasing that women should expect, and tolerate, given the internet's Wild …
Does Gender Specificity In Constitutions Matter?, Laura E. Lucas
Does Gender Specificity In Constitutions Matter?, Laura E. Lucas
Duke Journal of Comparative & International Law
No abstract provided.
Rethinking Women And The Constitution: An Historical Argument For Recognizing Constitutional Flexibility With Regards To Women In The New Republic, Samantha Ricci
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
University of Richmond Law Review
No abstract provided.
Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss
Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss
Michigan Journal of International Law
This Essay analyzes a concrete rule of European law that has emerged to address the problem of domestic violence within certain transnational families. The domestic violence rule is found in Article 13 of the European Community Free Movement Directive (the Directive), legislation that governs the rights of E.U. citizens and their family members to enter and reside in other E.U. Member States.6 The rule affects the rights of a discrete group: non-E.U. ("third-country national") family members of migrant E.U. citizens, that is, E.U. citizens who have moved to another E.U. Member State (the "host State") to exercise residence rights there. …
Can Equality Survive Exceptions?, Daphne Barak-Erez
Can Equality Survive Exceptions?, Daphne Barak-Erez
Michigan Law Review First Impressions
The meaning of the exception vis-à-vis the general rule is primarily discussed in the context of emergency powers (following Cart Schmitt and Giorgio Agamben). But the complicated relationship between the norm and its exceptions is also relevant to other legal contexts. This Commentary is dedicated to the following question: What are the implications of considering equality a fundamental legal principle while recognizing exceptions to its application? More concretely, how does the existence of exceptions influence the understanding and viability of equality as the norm?
Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen
Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen
Michigan Journal of Gender & Law
Pearlie Rucker, sixty-three years old, had been living in public housing in Oakland, California for thirteen years. Ms. Rucker lived with her mentally disabled adult daughter, Gelinda, as well as two grandchildren and one great-grandchild. Ms. Rucker regularly searched Gelinda's room for signs of drugs, and had warned Gelinda that any drug activity on the premises could result in eviction. Nevertheless, Gelinda was caught with drugs three blocks from the apartment. Despite the fact that Ms. Rucker had no knowledge of Gelinda's drug activity, and in fact had been carefully monitoring what happened in her apartment, the Oakland Housing Authority …
Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul
Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul
Michigan Journal of Gender & Law
Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual expression, …
Student Gladiators And Sexual Assault: A New Analysis Of Liability For Injuries Inflicted By College Athletes, Ann Scales
Michigan Journal of Gender & Law
This Article will focus on an issue that was probably not on the minds of 19th century educators, nor primarily on the minds of the legions of present-day academic critics of intercollegiate sports. Namely, this Article explores the ways in which big-time athletics- particularly football-normalize and encourage harms to women, including educational and sexual harms. The author’s theses depend upon acknowledging certain open secrets about college football: that it is a celebration of male physical supremacy (measured by male standards); that it is something that society lets males do and have as their sport, for reasons both good and bad; …
Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman
Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman
Michigan Journal of Gender & Law
In this Article the author will examine not only the substantive legal differences between the United States, Canada, and France, but will also explore how these legal rules fit within a broader social, political, and religious setting. This Article will pursue four lines of inquiry. First, it will briefly chronicle the history of criminal prosecution of pregnant women in America and show how these prosecutions have become markedly more aggressive over the last twenty years. Second, it will situate these prosecutions in the full context of American law and culture, demonstrating how the fetus has received increasing legal recognition in …
Competences Of The "Union" And Sex Equality: A Comparative Look At The European Union And The United States, Barbara Havelková
Competences Of The "Union" And Sex Equality: A Comparative Look At The European Union And The United States, Barbara Havelková
Michigan Law Review First Impressions
The delivery of substantive sex equality guarantees in the European Union and the United States is substantially affected by the division of powers ("competences" in European terminology) between the constituent units and the center. This Commentary compares the technical similarities and differences between the structures of competence of the federal systems of the United States and the European Union. This Commentary also briefly sketches their impact on substantive sex equality law.
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Chinese Women And Economic Human Rights, Lisa Fry
Chinese Women And Economic Human Rights, Lisa Fry
Human Rights & Human Welfare
Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …
Women And The Law: How Far We've Come And Where We Need To Go, Michelle S. Simon
Women And The Law: How Far We've Come And Where We Need To Go, Michelle S. Simon
Pace Law Review
No abstract provided.
Leiper, Bar Codes: Women In The Legal Profession; Mossman, The First Women Lawyers: A Comparative Study Of Gender, Law And The Legal Professions, Renee Newman Knake
Leiper, Bar Codes: Women In The Legal Profession; Mossman, The First Women Lawyers: A Comparative Study Of Gender, Law And The Legal Professions, Renee Newman Knake
Pace Law Review
No abstract provided.
An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson
An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson
Michigan Law Review First Impressions
President Barack Obama came into office with a wealth of good will after winning the historic 2008 presidential election to become the first African-American commander-in-chief. Among the many daunting issues we hope he will tackle is one that Abigail Adams mentioned to her husband John in 1776: remember the ladies. How should our President and his new administration affect social justice for women?
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Human Rights Brief
No abstract provided.
Foreword, Margaret E. Johnson
Foreword, Margaret E. Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt
Michigan Journal of International Law
Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …
Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris
Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris
Michigan Journal of Gender & Law
This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …