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Full-Text Articles in Law
Was Justice Ginsburg Roe-Ght?: Reimagining U.S. Abortion Discourse In The Wake Of Argentina's Marea Verde, 48 Mitchell Hamline L. Rev. 128 (2022), Kim D. Ricardo
UIC Law Open Access Faculty Scholarship
No abstract provided.
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
UIC Law Open Access Faculty Scholarship
No abstract provided.
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones
Police, Heroes, And Child Trafficking: Who Cries When Her Attacker Wears Blue?, 18 Nev. L.J. 1007 (2018), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin
Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin
UIC Law Open Access Faculty Scholarship
One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
This Essay begins by understanding the law school crisis through the framework of disaster capitalism. This framing uncovers the ways in which reformers are taking advantage of the current crisis to restructure legal education. Under the circumstances, faculty may reasonably read the contemporaneous student-led movement to require trigger warnings in the classroom as an assault on academic freedom. This reading, however, clouds the water. Part II attempts to clear the confusion by decoupling the trigger-warning movement from the broader phenomenon of law school corporatization. Trigger-warning demands might alternatively be read as a student critique of traditional law school pedagogy. Especially …
What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, 10 Nw. J. L. & Soc. Pol'y. 130 (2015), Debra Pogrund Stark
What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, 10 Nw. J. L. & Soc. Pol'y. 130 (2015), Debra Pogrund Stark
UIC Law Open Access Faculty Scholarship
In 1982, the Illinois legislature passed the Illinois Domestic Violence Act (the Act) and most recently passed an updated version in 2012. This Article examines how the specialized domestic violence courthouse in Chicago implements these laws.
Where the courthouse falls short, this Article will explore why, what can be done, and consider implications for other jurisdictions seeking to implement similar resources for survivors of domestic violence. The results from this empirical study are mixed. On the positive side, the data reflect that judges are properly applying many important aspects of the new order of protection laws and granting a high …
Men And Boys And The Ethical Demand For Social Justice, 20 Wash. & Lee J. Civil Rts. & Soc. Just. 507 (2014), Samuel Vincent Jones
Men And Boys And The Ethical Demand For Social Justice, 20 Wash. & Lee J. Civil Rts. & Soc. Just. 507 (2014), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
This essay makes what some might consider a bold and novel assertion. Relying on fact-based analysis of present day social conditions, it argues that the female-oppression-male-culprit paradigm is antiquated and injurious to both men and women. It claims that existing conceptions of American society in which the vast majority of the nation's men and boys are victimless and empowered, and the core of the nation's women and girls are victims and disempowered, cannot be fundamentally or morally justified. It will demonstrate that today's regimented imperative for addressing gender discrimination and social injustice by allocating legal rights and entitlements exclusively to …
The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones
The Invisible Women: Have Conceptions About Femininity Led To The Global Dominance Of The Female Human Trafficker?, 7 Alb. Gov't L. Rev. 143 (2014), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
Virtually no academic or media attention has been dedicated to female traffickers, or female delinquency, in general. Human trafficking, like other crimes, has been myopically constructed, marketed, and viewed through news reports, cinema, literature, and criminal statutes as a heinous male-perpetrated offense against women and girls, rendering the female trafficker practically invisible. This essay questions the soundness and viability of continued reliance on the female victim-male culprit paradigm, used by many countries to prevent human trafficking. It confronts contemporary assumptions about femininity, violence, and aggression, calling particular attention to American cultural suppositions about femaleness that have detrimentally influenced our capacity …
Who Are The Mothers Who Need Safe Haven Laws? An Empirical Investigation Of Mothers Who Kill, Abandon, Or Safely Surrender Their Newborns, 29 Wis. J.L. Gender & Soc'y 213 (2014), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
Who are the Mothers who kill their infants at birth? Why do they kill? How do they kill? Once the infant is disposed of, what becomes of the Mother? Neonaticide is the killing of a newborn within the first twenty-four hours of birth. In response to the discovery of thirteen abandoned newborns, Texas passed the first Safe Haven law in 1999. Within nine years, all states enacted similar laws. The purpose of Safe Haven Laws is to deter neonaticidal behaviors by allowing Mothers who are bearing unwanted pregnancies to legally surrender their newborns with anonymity and immunity from prosecution. The …
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
Twilight: The Unveiling Of Victims, Stalking, And Domestic Violence, 21 Cardozo J. L. & Gender 39 (2014), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), Anthony Niedwiecki
Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), Anthony Niedwiecki
UIC Law Open Access Faculty Scholarship
This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbians were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher's narrative …
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, 59 Clev. St. L. Rev. 693 (2011), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a "madam" sold a house used for prostitution to another "madam." The opinion is the last in a long line of cases which speak specifically to the issue of enforcement of facially legitimate contracts that in some manner involve or are related to prostitution. It is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of …
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Time Has Come For The United States To Ratify The Convention On The Elimination Of All Forms Of Discrimination Against Women, 9 Wash. U. Global Stud. L. Rev. 195 (2010), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, 24 Wis. J. L. Gender, & Soc'y 25 (2009), Sonia Bychkov Green
Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, 24 Wis. J. L. Gender, & Soc'y 25 (2009), Sonia Bychkov Green
UIC Law Open Access Faculty Scholarship
No abstract provided.
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan
Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler
UIC Law Open Access Faculty Scholarship
Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …
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.
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
The “Right” To An Abortion, The Scope Of Fourteenth Amendment Personhood, And The Supreme Court's Birth Requirement, 4 S. Ill. U. L.J. 1 (1979), John D. Gorby
UIC Law Open Access Faculty Scholarship
No abstract provided.
Abortion Law In South Carolina, 24 S.C. L. Rev. 425 (1972), Gerald E. Berendt
Abortion Law In South Carolina, 24 S.C. L. Rev. 425 (1972), Gerald E. Berendt
UIC Law Open Access Faculty Scholarship
No abstract provided.