Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgetown University Law Center (4)
- University of Florida Levin College of Law (4)
- New York Law School (3)
- University of Michigan Law School (3)
- University of New Mexico (3)
-
- University of Pennsylvania Carey Law School (3)
- Washington University in St. Louis (3)
- American University Washington College of Law (2)
- Boston University School of Law (2)
- California Western School of Law (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- Seattle University School of Law (2)
- UC Law SF (2)
- University of Kentucky (2)
- University of Miami Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Duke Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- St. John's University School of Law (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- University of Central Florida (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- University of Richmond (1)
- Keyword
-
- Feminism (8)
- Gender (6)
- Women (6)
- Sexual harassment (3)
- Abortion (2)
-
- Children (2)
- Civil Rights (2)
- Domestic violence (2)
- Gender Roles (2)
- Gender and law (2)
- Gender discrimination (2)
- LatCrit (2)
- Laws (2)
- Lesbian/Gay Law Notes (2)
- Sex discrimination (2)
- South Africa (2)
- Violence against women (2)
- etc. (1)
- AIDS (1)
- Abortions (1)
- Academic Leadership (1)
- Adolescent Health Services and Pregnancy Prevention and Care Act (1)
- Annie Dornell (1)
- Asylum (1)
- Australia (1)
- Battered women (1)
- Capacity (1)
- Children's advocate (1)
- Citizenship (1)
- Civil Rights Act of 1964 Title VII (1)
- Publication
-
- Faculty Scholarship (16)
- All Faculty Scholarship (5)
- Articles (4)
- UF Law Faculty Publications (4)
- Articles & Chapters (3)
-
- Faculty Publications (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Scholarship@WashULaw (3)
- Cornell Law Faculty Publications (2)
- Faculty Articles (2)
- Scholarly Works (2)
- ADVANCE Library Collection (1)
- All Papers (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Reviews (1)
- EGS Content (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Office for Policy Studies on Violence Against Women Publications (1)
- Other Publications (1)
- Testimony Before Congress (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 1 - 30 of 60
Full-Text Articles in Entire DC Network
Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Adrienne Davis, Marion Crain, Bonnie Thornton Dill, Nancy E. Dowd, Catherine Ross, Joan Williams
Unbending Gender: Why Family And Work Conflict And What To Do About It (Panel Two: Who's Minding The Baby?), Adrienne Davis, Marion Crain, Bonnie Thornton Dill, Nancy E. Dowd, Catherine Ross, Joan Williams
UF Law Faculty Publications
A central characteristic of our current gender arrangements is that they pit ideal worker women against marginalized caregiver women in a series of patterned conflicts I call gender wars. One version of these are the mommy wars that we see often covered in the press between employed mothers and mothers at home. Employed mothers at times participate in the belittlement commonly felt by homemakers. Also mothers at home, I think, at times participate in the guilt-tripping that's often felt by mothers who are employed. These gender wars are a central but little understood characteristic of the gender system that grew …
Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla
Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla
Faculty Scholarship
This Essay addresses how religion simultaneously subordinates Latinas while serving as a source of strength. More specifically, it focuses on Catholicism and how the same church and religion have a fragmented and varied impact on Latinas, particularly Mexican-Americans, with whom I am most familiar.
Brief Reflections On The Enterprise, Patricia D. White
Gender And Privacy In Cyberspace, Anita L. Allen
Gender And Privacy In Cyberspace, Anita L. Allen
All Faculty Scholarship
No abstract provided.
In Memoriam Rafael C. Benitez, Keith S. Rosenn
Legal Limbo Of The Student Intern: The Responsibility Of Colleges And Universities To Protect Student Interns Against Sexual Harassment, Cynthia Grant Bowman, Marybeth Lipp
Legal Limbo Of The Student Intern: The Responsibility Of Colleges And Universities To Protect Student Interns Against Sexual Harassment, Cynthia Grant Bowman, Marybeth Lipp
Cornell Law Faculty Publications
No abstract provided.
David Peterson Mar, What Trouble I Have Seen: A History Of Violence Against Wives, Cynthia Grant Bowman
David Peterson Mar, What Trouble I Have Seen: A History Of Violence Against Wives, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Marital Status Discrimination: A Proposal For Title Vii Protection, Nicole B. Porter
Marital Status Discrimination: A Proposal For Title Vii Protection, Nicole B. Porter
Faculty Publications
Marital status is not one of the protected categories of Title VII of the Civil Rights Act of 1964, the federal antidiscrimination statute that governs discrimination in employment. This Article will argue that to avoid the types of inequities caused by marital status discrimination, it is necessary for Title VII to protect employees against marital status discrimination.
The more common claims of marital status discrimination are claims that an employer's no-spouse rule or antinepotism policy violates the state antidiscrimination statute. [These policies have two significant problems.] First of all, many courts fail to look at the widely disparate consequences of …
Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore
Partial Privatization Of Social Security: Assessing Its Effect On Women, Minorities, And Lower-Income Workers, Kathryn L. Moore
Law Faculty Scholarly Articles
Once viewed as the “third rail” of politics, Social Security appears to be moving inexorably toward reform. In his 1998 State of the Union address, President Clinton proclaimed strengthening Social Security a high priority and called for bipartisan forums on Social Security reform to be held throughout the United States. Similarly, following the 1998 November elections, congressional leaders expressed commitment to “saving Society Security,” and House Ways and Means Chairman Bill Archer renewed his commitment to bipartisan reform of Social Security as recently as December 8, 1999 in a letter to President Clinton. Congressional hearings on reform proposals are ubiquitous, …
Black Athletes At The Millenium, Keith Harrison
Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin
Testimony Before Congress
No abstract provided.
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
All Papers
No abstract provided.
Biology For Feminists, Katharine K. Baker
Biology For Feminists, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec
The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec
All Faculty Scholarship
At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.
This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …
Inverting The Viability Test For Abortion Law, Bruce Ching
Inverting The Viability Test For Abortion Law, Bruce Ching
Journal Articles
The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Office for Policy Studies on Violence Against Women Publications
Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.
Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan
Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Women In Law, Susan Carle
Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri
Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri
Faculty Publications
The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Faculty Articles
Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …
Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews
Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews
Articles & Chapters
South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …
Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers
Civilizing The Natives: Marriage In Post-Apartheid South Africa, David L. Chambers
Articles
South Africa is a land of many cultures. For several hundred years, British and Afrikaaner whites controlled the country, systematically manipulating black people to the whites' advantage. For the most part, however, whites tolerated the continuation within black communities of traditional marriage practices that white Christians considered uncivilized. In 1994, South Africa changed governments. A black majority Parliament came to power, adopting a consitution dedicated to equality and human dignity. Four years later, Parliament adopted a new marriage law that, though permitting some of the external trappings of the traditional marriage system to continue, eliminated by law much of the …
Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott
Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott
Faculty Scholarship
Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.
The law tends to reflect – and perhaps contributes to – …
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
Faculty Scholarship
No abstract provided.
Personal Harms And Political Inequities, Suzanne B. Goldberg
Personal Harms And Political Inequities, Suzanne B. Goldberg
Faculty Scholarship
When we think back to where the legal battle for gender equality and the rights of gay people stood a century ago, we see that, in fact, there was not much of a battle. Indeed, advocates for change were seldom triumphant. A survey in 1900 would have shown that American women were twenty years away from obtaining the right to vote, were unfit to be lawyers according to the U.S. Supreme Court, and were nowhere near being eligible-let alone required-to serve on juries. The survey would also have revealed a wide-ranging web of federal and state laws and policies that …
Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker
Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker
Articles
The Supreme Court has ushered in the new millennium with a renewed emphasis on federalism-based limits to Congress's regulatory authority in general, and Congress's Section 5 power to enforce the Fourteenth Amendment in particular. In a recent string of cases, the Court has refined and narrowed Section 5's enforcement power in two significant ways.1 First, the Court made clear that Congress lacks the authority to interpret the scope of the Fourteenth Amendment's substantive provisions themselves, and may only "enforce" the judiciary's definition of Fourteenth Amendment violations. 2 Second, the Court embraced a relatively stringent requirement concerning the relationship between means …
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West
The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West
Georgetown Law Faculty Publications and Other Works
Part One of this article provides a phenomenological and hedonic critique of the conception of the human - and thus the female - that underlies liberal legal feminism. Part Two presents a phenomenological critique of the conception of the human - and thus the female - which underlies radical feminist legal criticism. Again, I will argue that in both cases the theory does not pay enough attention to feminism: liberal feminist legal theory owes more to liberalism than to feminism and radical feminist legal theory owes more to radicalism than it does to feminism. Both models accept a depiction of …
The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse
The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
To write of feminist reform in the criminal law is to write of simultaneous success and failure. We have seen marked changes in the doctrines and the practice of rape law, domestic violence law, and the law of self-defense. There is not a criminal law casebook in America today, nor a state statute book, that does not tell this story. Yet for all of this success, we also live in a world in which reform seems to suffer routine failures. Many believe, for example, that feminist reforms have rid rape law of the resistance requirement; however, recent scholarship makes it …