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Law and Gender

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2012

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Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco Dec 2012

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …


Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana Dec 2012

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana

Shruti Rana

In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …


Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair Dec 2012

Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair

City University of New York Law Review

No abstract provided.


Remembering Mary Dunlap As A Student, Herma Hill Kay Dec 2012

Remembering Mary Dunlap As A Student, Herma Hill Kay

Herma Hill Kay

Recounts the experience of having Mary C. Dunlap as a student at the Boalt Hall School of Law at the University of California in Berkeley. Introduction by Dunlap and fellow students, Nancy Davis and Wendy Webster Williams of a course on Women and the Law into the Boalt Hall curriculum; Establishment of the Davis, Dunlap and Williams women' rights law firm, which was later reorganized as the public interest women's rights firm of Equal Rights Advocates, Inc.; Admittance of Dunlap of being involved in a lesbian relationship; Reason given by Dunlap for studying law.


The Future Of Women Law Professors, Herma Hill Kay Dec 2012

The Future Of Women Law Professors, Herma Hill Kay

Herma Hill Kay

No abstract provided.


Women Law School Deans: A Different Breed, Or Just One Of The Boys, Herma Hill Kay Dec 2012

Women Law School Deans: A Different Breed, Or Just One Of The Boys, Herma Hill Kay

Herma Hill Kay

No abstract provided.


Workshop On Judging: Does Gender Make A Difference, Herma Hill Kay, Geraldine Sparrow Dec 2012

Workshop On Judging: Does Gender Make A Difference, Herma Hill Kay, Geraldine Sparrow

Herma Hill Kay

No abstract provided.


The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin Dec 2012

The Case For Reforming The Program's Spouse Benefits While "Saving Social Security", Peter W. Martin

Cornell Law Faculty Working Papers

The Social Security Act currently provides secondary benefits to the wives or widows of covered workers who retire, become disabled, or die. To qualify, a woman must have been married to the worker for a short period and must be old (sixty-two, dropping to sixty in the case of a widow, fifty in the case of a disabled widow) or caring for children under sixteen. If a wife’s or widow’s primary retired-worker or disability benefits equal or exceed her secondary benefit entitlement, she receives only the primary benefits. However, if her secondary benefit amount is greater she receives both her …


The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Dec 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …


Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley Dec 2012

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Faculty Scholarship

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.


Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen Dec 2012

Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke Dec 2012

Dealing With The Past In A Post-Conflict Society: Does The Participation Of Women Matter? Insights From Northern Ireland, Catherine O'Rourke

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt Nov 2012

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.


Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff Nov 2012

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.


Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle Nov 2012

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.


The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton Nov 2012

The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton

Pepperdine Law Review

No abstract provided.


Women And The Law: A Symposium, Peri Z. Hansen Nov 2012

Women And The Law: A Symposium, Peri Z. Hansen

Pepperdine Law Review

No abstract provided.


Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy Nov 2012

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.


When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder Nov 2012

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.


Images Of Men In Feminist Legal Theory , Brian Bendig Nov 2012

Images Of Men In Feminist Legal Theory , Brian Bendig

Pepperdine Law Review

No abstract provided.


Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder Nov 2012

Gender And Sentencing: Single Moms, Battered Women, And Other Sex-Based Anomalies In The Gender-Free World Of The Federal Sentencing Guidelines, Myrna S. Raeder

Pepperdine Law Review

No abstract provided.


Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman Nov 2012

Sexual Harassment Of Employees By Non-Employees: When Does The Employer Become Liable?, Robert J. Aalberts, Lorne H. Seidman

Pepperdine Law Review

No abstract provided.


Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona Nov 2012

Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona

Pepperdine Law Review

No abstract provided.


The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing Nov 2012

The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing

Pepperdine Law Review

No abstract provided.


Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine T. Sherman Nov 2012

Meeting The Challenges Faced By Girls In The Juvenile Justice System: Testimony Before The Healthy Families And Communities Subcommittee Of The U.S. House Of Representatives Education And Labor Committee, Francine T. Sherman

Francine T. Sherman

Testimony by Francine T. Sherman, Clinical Professor and Director, Juvenile Rights Advocacy Project at Boston College Law School before the Healthy Families and Communities Subcommittee of the U.S. House of Representatives Education and Labor Committee, on March 11, 2010, at 10:00 AM. More information about the hearing, including an archived webcast, is available at http://edworkforce.house.gov/calendar/eventsingle.aspx?EventID=193429.


Remarks For California Women Lawyers, Ruth Bader Ginsburg Nov 2012

Remarks For California Women Lawyers, Ruth Bader Ginsburg

Pepperdine Law Review

No abstract provided.


"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen Nov 2012

"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen

San Diego International Law Journal

This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …


Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma Oct 2012

Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma

Dr. Saumya Uma

The book critically examines laws, policies and international standards as they affect adolescent girls in India. It analyses six issues pertaining to adolescent girls: (1) education (2) health, food and nutrition (3) remunerative work (4) age of marriage and agency in marriage (5) violence against girls and (6) juvenile justice. Prior to chapter-wise discussion on each of these issues, the book provides a situational analysis of adolescent girls, as well as an overview of the law and policy framework. It also devotes a chapter to discussing state responsibility towards adolescent girls, through a framework of international human rights law. The …


Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki Oct 2012

Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki

Pepperdine Law Review

No abstract provided.


Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew Oct 2012

Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew

Margaret B Drew

‘Collaboration and Coercion’ addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.