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Law and Gender

Barbara Cox

Selected Works

Articles 1 - 8 of 8

Full-Text Articles in Law

Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox Sep 2015

Choosing One's Family: Can The Legal System Address The Breadth Of Women's Choices Of Intimate Relationships, Barbara Cox

Barbara Cox

In discussing the legal system's response to alternative families seeking an extension of traditional family benefits, this paper is divided into two main sections. The first section summarizes the Madison experience in trying to pass a comprehensive alternative family rights ordinance. It takes an in-depth look at the entire process from the grassroots pressures on the M.E.O.C. which resulted in formation of the task force to the Common Council's enactment of two minor sections of the proposed ordinance. It will analyze the political and legal process used in an effort to obtain significant reform in the definition of family within …


Refocusing Abortion Jurisprudence To Include The Woman: A Response To Bopp And Coleson And Webster V. Reproductive Health Services, Barbara Cox Sep 2015

Refocusing Abortion Jurisprudence To Include The Woman: A Response To Bopp And Coleson And Webster V. Reproductive Health Services, Barbara Cox

Barbara Cox

This Article seeks to refocus the abortion debate to include the impact of unwanted pregnancy on women. The first two sections of this Article challenge Bopp and Coleson's argument that a woman's right to choose an abortion enjoys no constitutional basis and that Roe should be reversed. A woman's constitutionally protected liberty and privacy rights are directly implicated by the state imposed pregnancy that results from restricted access to abortion. The third section disputes Bopp and Coleson's claim that the abortion right has become virtually inviolate, not subject to the state restrictions that the Court has allowed for other aspects …


Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox Sep 2015

Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox

Barbara Cox

I wrote this article because it is important for the legal education community to understand the important leadership that the AALS has provided in lessening the discrimination that sexual minorities encounter in legal education, and to know of the challenges and problems it encountered in making Bylaw 6-4(a) into more than a membership requirement in name only.


Using An “Incidents Of Marriage” Analysis When Considering Interstate Recognition Of Same-Sex Couples’ Marriages, Civil Unions, And Domestic Partnerships, Barbara Cox Sep 2015

Using An “Incidents Of Marriage” Analysis When Considering Interstate Recognition Of Same-Sex Couples’ Marriages, Civil Unions, And Domestic Partnerships, Barbara Cox

Barbara Cox

Despite discussions for over ten years, we still do not have any decisions on interstate or international recognition of marriages by same-sex couples. We do have, however, six cases in the United States on the interstate recognition and validation of Vermont civil unions. In these six cases, same-sex couples from six different states who had entered into Vermont civil unions came to their courts seeking resolution of legal issues that arose in their relationships. The rest of this article now turns to these six decisions and considers how each court dealt with the same-sex couple seeking legal assistance with the …


“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox Sep 2015

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Barbara Cox

No abstract provided.


The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox Sep 2014

The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox

Barbara Cox

My service as chair of the Section on Women in Legal Education ("Section") was rather unusual. I started serving on the Executive Committee in 1999 and became Chair-Elect in 2001. Veryl Miles (Catholic) was Chair for 2001 but became Deputy Director of the Association of American Law Schools (AALS) in August that year, so I served out her term as Interim Chair from August 1 to December 31, 2001. Then I became Chair-Elect again in 2002 (because I was on sabbatical that year and could not serve as Chair) and Vernellia Randall agreed to step in as Chair. I served …


Marriage Equality Is Both Feminist And Progressive, Barbara Cox Sep 2014

Marriage Equality Is Both Feminist And Progressive, Barbara Cox

Barbara Cox

Marriage equality has the ability to lessen vulnerability for society’s most needy. This article discusses two aspects of marriage equality in particular. Part II discusses why marriage equality can be feminist in practice and why obtaining marriage equality for same-sex couples will advance feminist values within marriage. Part III discusses how marriage equality can be progressive and help those who are vulnerable in our society by providing numerous rights that are otherwise unavailable or expensive to replicate. While marriage equality cannot bring an end to the many problems caused by marriage’s privileged status in our society, it has the ability …


“The Tyranny Of The Majority Is No Myth”: Its Dangers For Legally Married Same-Sex Couples, Barbara Cox Sep 2014

“The Tyranny Of The Majority Is No Myth”: Its Dangers For Legally Married Same-Sex Couples, Barbara Cox

Barbara Cox

This article has three sections. Section 1 explains that sexual minorities, consisting of lesbian, gay, bisexual, transgendered, and queer people (LGBTQ), 15 comprise a small number of people within the U.S. and describes the current laws granting and prohibiting legal rights to married or partnered same-sex couples. Thus, the LGBTQ community is dependent on the non-LGBTQ community to decide its rights when those rights are debated at the ballot box, a bad public policy in and of itself. 16 Section II considers the question posed by this symposium: is the tyranny of the majority a danger to minority communities or …