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Articles 1 - 30 of 42
Full-Text Articles in Law
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
Indiana Law Journal
In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
The New Afghan Constitution: "Equal Rights" For Women, Ann Davey
The New Afghan Constitution: "Equal Rights" For Women, Ann Davey
Buffalo Women's Law Journal
No abstract provided.
Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan
Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan
Buffalo Women's Law Journal
No abstract provided.
Women In Clinical Trials—Where Are They?, Jillian Hemstock
Women In Clinical Trials—Where Are They?, Jillian Hemstock
Buffalo Women's Law Journal
No abstract provided.
Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis
Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis
Buffalo Women's Law Journal
No abstract provided.
Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena
Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena
Buffalo Women's Law Journal
No abstract provided.
A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils
A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils
Indiana Law Journal
No abstract provided.
Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman
Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman
University of Michigan Journal of Law Reform
This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.
This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles
Washington and Lee Law Review
No abstract provided.
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins
Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins
University of Richmond Law Review
No abstract provided.
Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein
Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein
Michigan Law Review
For a short time I was stymied to identify a suitable theme for the Foreword to the 2003 Survey of Books in the Michigan Law Review. The task is surely a daunting one, because it is never possible to write a Foreword that offers the reader a Cook's Tour of the many distinguished offerings reviewed in its pages. Therefore I hope to link one broad theme to one narrow topic, knowing that at first it may look as though they have little in common. In taking this approach, I prefer dangerous shoals to well-marked channels. I shall therefore begin with …
Lochner'S Feminist Legacy, David E. Bernstein
Lochner'S Feminist Legacy, David E. Bernstein
Michigan Law Review
Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …
Every Move You Make: How Stories Shape The Law Of Stalking, Anna-Rose Mathieson
Every Move You Make: How Stories Shape The Law Of Stalking, Anna-Rose Mathieson
Michigan Law Review
Bunny-boiler is now an official part of the English language. This word - taken from the scene in Fatal Attraction where Glenn Close's character boils the pet rabbit of the man she has been stalking - was unknown fifteen years ago. Although still not in common parlance, "bunny-boiler" has made its way far enough into our culture that a brief explanation of its source can conjure up an image of the obsessive, vindictive stalker it describes. Along with the entrance of this word into our language has come an explosive growth in laws punishing stalkers. Before 1990, no state in …
Ifeminism, Ashlie Warnick
Ifeminism, Ashlie Warnick
Michigan Law Review
Laws should be judged not by their words or intentions, but by their effects and consequences. When government enacts laws designed to benefit one group, society should judge those laws first by examining whether they have, in practice, provided a net benefit to the law's intended beneficiaries. Next, any such benefit must be weighed against the costs imposed on the rest of society. If the benefits outweigh the costs, this is a socially efficient law. Government should repeal a law when the costs it imposes outweigh its benefits. When laws do not provide a net benefit to the group they …
Air Force Women's Access To Abortion Services And The Erosion Of 10 U.S.C. § 1093, Marshall L. Wilde
Air Force Women's Access To Abortion Services And The Erosion Of 10 U.S.C. § 1093, Marshall L. Wilde
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson
The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson
Michigan Journal of Gender & Law
This Article evaluates the impact that eliminating or reducing the marriage dower would have on the well-being of Muslim women in the West Bank and Gaza Strip. Although Palestinian women's rights organizations seek to eliminate dower on the grounds that it is a "burdensome custom" that is "inconsistent with the intifada's stated goal of improving women's status," in fact, the interaction between dower and other laws relating to marriage and divorce is such that the majority of women would be materially harmed by its discontinuance. Therefore, while the movement to eliminate dower may benefit the financially secure upper class women …
Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula A. Monopoli
Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula A. Monopoli
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Where Is The Protection?: A Failed Response To Gender-Based Persecution, Elissa Steglich
Where Is The Protection?: A Failed Response To Gender-Based Persecution, Elissa Steglich
Public Interest Law Reporter
No abstract provided.
Cincinnati's Addition Of Sexual Orientation To Hate Crime Sparks Controversy, Molly Mack
Cincinnati's Addition Of Sexual Orientation To Hate Crime Sparks Controversy, Molly Mack
Public Interest Law Reporter
No abstract provided.
Supreme Court To Examine The Criminalization Of Consensual Sodomy, Kevin J. Mccloskey
Supreme Court To Examine The Criminalization Of Consensual Sodomy, Kevin J. Mccloskey
Public Interest Law Reporter
No abstract provided.
In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr
In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr
William Mitchell Law Review
[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell
Michigan Journal of Gender & Law
This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …
Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner
Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner
Human Rights & Human Welfare
A review of:
Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.
Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.
Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.
The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.
The Master's Tools: Deconstructing The Socratic Method And Its Disparate Impact On Women Through The Prism Of The Equal Protection Doctrine, Tanisha Makeba Bailey
The Master's Tools: Deconstructing The Socratic Method And Its Disparate Impact On Women Through The Prism Of The Equal Protection Doctrine, Tanisha Makeba Bailey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind
UIC Law Review
No abstract provided.
The Healing Presence Of Clients In Law School, Angela Mccaffrey
The Healing Presence Of Clients In Law School, Angela Mccaffrey
William Mitchell Law Review
William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …
Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold
Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold
Kentucky Law Journal
No abstract provided.
Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd
Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd
UIC Law Review
No abstract provided.