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Full-Text Articles in Law
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
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The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
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This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system's current failings result from its limited goals-achieving …
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
Homogenous Rules For Heterogeneous Families: The Standardization Of Family Law When There Is No Standard Family, Katharine K. Baker
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The article explores the ironies involved in the contemporary enforcement of family obligations. As forms of intimate partnership and parenthood become ever more varied, the law of family obligation - child support, property division and alimony - has become increasingly routine and formulaic. As scholars increasingly call for more attention to the varied ways in which different individuals and communities structure their care networks and their intimate lives, the law of family obligation has become less, not more attentive to context. This piece explains how the law’s rejection of context is an understandable reaction to the growing diversity of family …
Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson
Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson
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This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson
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This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick
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Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …
''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin
''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin
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No abstract provided.
Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy
Assembly Bill To Speed Divorce After Abuse Will Save Many Lives, Bring Needed Reform, Jane C. Murphy
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No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
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No abstract provided.
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker
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No abstract provided.
Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal
Myths And Moms: Images Of Women And Termination Of Parental Rights, Odeana R. Neal
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For most of us, the word "mother" evokes a myriad of often conflicting images and emotions, expectations and disappointments, and gratitude and blame. What a mother is - our own mothers and the class of people who are mothers - means much more than that a woman has given birth. We expect mothers to provide their children with all the love, caring, nurturing, and emotional fulfillment that we perceive those children need and desire; we expect her to be all things that we want her to be when we need her to be them. A woman who can fulfill the …
The Unrealized Power Of Mother, Dorothy E. Roberts
The Unrealized Power Of Mother, Dorothy E. Roberts
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No abstract provided.
Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy
Legal Protection For Victims Of Domestic Violence: A Guide For The Treating Physician, Jane C. Murphy
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No abstract provided.
Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy
Lawyering For Social Change: The Power Of The Narrative In Domestic Violence Law Reform, Jane C. Murphy
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The role of the narrative or story in legal discourse has been explored and developed in legal scholarship over the last several years. The goals of the various calls for more storytelling in the legal context vary. They generally relate, however, to a desire to move away from exclusive reliance on abstract legal argumentation to persuade. The goals of ‘storytellers‘ are also linked to furthering an understanding of the dynamics of oppression based on race or gender, or both.
The judicial and legislative processes have always included a narrative component. Clinical legal scholarship has also explored the critical role of …
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
Domestic Violence Law Poses Challenges For The Courts, Jane C. Murphy, Judith Wolfer
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No abstract provided.
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen
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No abstract provided.
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
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No abstract provided.
Privacy, Surrogacy, And The Baby M Case, Anita L. Allen
Privacy, Surrogacy, And The Baby M Case, Anita L. Allen
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No abstract provided.
Abortion Reform, Richard D. Lamm, Steven A.G. Davison
Abortion Reform, Richard D. Lamm, Steven A.G. Davison
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No abstract provided.