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Full-Text Articles in Law
Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado
Reproducing Gender And Race Inequality In The Blawgosphere, Jane C. Murphy, Solangel Maldonado
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The use of the Internet and other digital media to disseminate scholarship has great potential for expanding the range of voices in legal scholarship. Legal blogging, in particular, with its shorter, more informal form, seems ideal for encouraging commentary from a diverse group of scholars. This Chapter tests this idea by exploring the role of blogging in legal scholarship and the level of participation of women and scholars of color on the most visible academic legal blogs. After noting the predominance of white male scholars as regular contributors on these blogs, we analyze the relative lack of diversity in this …
En-Gendering Economic Inequality, Michele E. Gilman
En-Gendering Economic Inequality, Michele E. Gilman
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We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these important discussions is the reality that economic inequality is not a uniform experience; rather, its effects fall more harshly on women and minorities. With regard to gender, American women have higher rates of poverty and get paid less than comparable men, and their workplace participation rates are falling. Yet economic inequality is neither …
The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy
The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy
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The rise of women in the legal profession in Maryland was shaped by a wide range of factors, including national, state, and local political and social movements. As one scholar has noted, "[W] omen's lives are complex and .. . region, period, personality, and circumstance crucially influence what a subject is able to make of herself."' In this chapter, I explore how those circumstances-- personal and political-influenced the first group of eight women admitted to the Maryland Bar between 1902 and 1920. These women-Etta Maddox, Anna Grace Kennedy, Emilie Doetsch, Marie Elizabeth Kirk Coles, Mary Virginia Meushaw, Helen F. Hill, …
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 …
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
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Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …
Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman
Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman
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This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …
Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller
Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller
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Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of …
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
Sex Representation On The Bench: Legitimacy And International Criminal Courts, Nienke Grossman
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This essay examines the relationship between legitimacy and the presence of both male and female judges on international criminal court benches. It argues that sex representation – an approximate reflection of the ratio of the sexes in the general population – on the bench is an important contributor to legitimacy of international criminal courts. First, it proposes that sex representation affects normative legitimacy because men and women bring different perspectives to judging. Consequently, without both sexes, adjudication is inherently biased. Second, even if one rejects the proposition that men and women "think differently", sex representation affects sociological legitimacy because sex …
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 …
The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy
The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy
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Reporting on recent research at Chicago-Kent Law School and supported by studies at other schools, a group of student panelists noted sharp differences in participation rates in class discussions and lower feelings of self-confidence among female students compared with their male counterparts.
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
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In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.
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.
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 …
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.
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.