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Articles 1 - 30 of 84
Full-Text Articles in Law
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
Deseriee A. Kennedy
More than twenty-five states allow courts to consider parental incarceration or conviction of a crime in determining whether to terminate parental rights. This problem is of increasing significance as a result of dramatic growth in incarceration rates, particularly among women who were often the primary and sole caretaker of their children before their imprisonment. Social scientists have recognized that the reality for parents in many communities is one of widespread and repeated incarceration, which has a devastating effect on families and communities. The problem is magnified by a failed drug policy and the Adoption and Safe Families Act, which, in …
Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats
Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats
Jacqueline M Prats
In 2012, the Supreme Court upheld the Patient Protection and Affordable Care Act (ACA). Even as the Court deliberated, a number of for-profit employers prepared to challenge the law—not the Act as a whole, but a specific part: the requirement that insurance plans cover contraceptives for women, free of co-pay or other cost-sharing. Although their companies were secular, these business owners claimed that the “contraception mandate” violated not only their religious beliefs, but also those of their companies. They challenged the ACA under both the Free Exercise Clause of the First Amendment and a federal statute called the Religious Freedom …
Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman
Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman
Francine T. Sherman
No abstract provided.
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Russell A. Miller
Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …
Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer
Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer
Richard M Weinmeyer
Since the early 1990s, legislative and policy reforms have spurred the inclusion of women of childbearing potential in clinical research overseen by the National Institutes of Health and the U.S. Food and Drug Administration. Pregnant women have received no such help, however, despite the tremendous medical needs of this important demographic. This article argues that the exclusion of pregnant women from biomedical research in the United States constitutes sex discrimination as a matter of public policy given the interpretation of existing regulations governing human subjects protections. The current regulations that are in place guiding research on human subjects treat pregnant …
Women's Reproductive Rights Advanced At Conference, Gabriel Eckstein
Women's Reproductive Rights Advanced At Conference, Gabriel Eckstein
Gabriel Eckstein
No abstract provided.
Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein
Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein
Gabriel Eckstein
No abstract provided.
Commission Special Rapporteur Grossman Investigates Women's Rights, Gabriel Eckstein
Commission Special Rapporteur Grossman Investigates Women's Rights, Gabriel Eckstein
Gabriel Eckstein
No abstract provided.
Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak
Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter explores how culture is addressed by contemporary international law, with particular reference to human rights law norms. The first part covering freedom focuses on the rise of the modern state and its conscious reimagining of ties with its citizens through the promotion of tolerance and a secular, national identity. The shift is explored through the prisms of the freedom of religion, the right to participate in (national) cultural life, and the limitations on freedom of expression including prohibition of hate speech and domestic blasphemy laws. The second part on equality centres on the relationship between the state, the …
Making Way For A New Standard: Women Redefine The "Ideal Professor", Margaret F. Brinig
Making Way For A New Standard: Women Redefine The "Ideal Professor", Margaret F. Brinig
Margaret F Brinig
No abstract provided.
The Natural Rights Of Children, Walter E. Block
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday
Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday
Jill Elaine Hasday
This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a canonical concern of constitutional law, the story of America’s struggles over and against sex discrimination is not widely taken to be a central, organizing part of our constitutional tradition — a defining narrative that exemplifies and expresses the nation’s foundational values and commitments. I offer three potential explanations for the exclusion of sex equality from the constitutional canon. First, the Supreme Court’s jurisprudence developed in ways that suggested that sex discrimination was not a core constitutional problem and concern, especially when compared to race …
Mujeres Invisibles, Progresos Incompletos: Reflexiones Sobre El Control Difuso De Constitucionalidad De Normas De Filiación, Beatriz Ramirez
Mujeres Invisibles, Progresos Incompletos: Reflexiones Sobre El Control Difuso De Constitucionalidad De Normas De Filiación, Beatriz Ramirez
Beatriz Ramirez
El Aborto Y Los Derechos Fundamentales., Beatriz Ramirez, Juan Carlos Diaz
El Aborto Y Los Derechos Fundamentales., Beatriz Ramirez, Juan Carlos Diaz
Beatriz Ramirez
El Derecho, como sistema de regulación de conductas, establece cuáles están permitidas, prohibidas u ordenadas. En el caso del aborto, un enfoque conservador se orienta a su prohibición absoluta, lo que equivale a que el sistema legal indica que todos los embarazos deben culminar en nacimientos, proscribiéndose cualquier intervención en ese transcurso. No obstante lo anterior, existe otra tendencia en materia de aborto: aquella orientada a su permisión en determinados supuestos que son más bien excepcionales. En ese contexto, algunos ordenamientos jurídicos otorgan tratamientos diferentes al aborto que se produce en circunstancias en los que las mujeres no han podido …
Human Rights Violations Against Women, Laurel Fletcher, Allyn Taylor, Joan Fitzpatrick
Human Rights Violations Against Women, Laurel Fletcher, Allyn Taylor, Joan Fitzpatrick
Laurel E. Fletcher
No abstract provided.
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
Martha M. Ertman
Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.
Amores Rotos, Impactos Diferentes: Reflexiones Sobre Las Consecuencias Patrimoniales Del Divorcio Desde La Perspectiva De Género, Beatriz Ramirez
Amores Rotos, Impactos Diferentes: Reflexiones Sobre Las Consecuencias Patrimoniales Del Divorcio Desde La Perspectiva De Género, Beatriz Ramirez
Beatriz Ramirez
El trabajo analiza la relevancia de aplicar un enfoque de género en el análisis de las consecuencias patrimoniales de los divorcios, sobre todo en los casos de liquidación de sociedad de gananciales, pues aunque tradicionalmente se asume que las reglas establecidas en el Código Civil son respetuosas del principio-derecho de igualdad, en la práctica, al ser aplicadas a casos reales marcados por situaciones desiguales de poder entre mujeres y varones, pueden ocasionar situaciones de discriminación por resultado.
Thinking Win-Win: Boosting Profitability Through Gender-Balanced Flex-Time, Gabriela Steier
Thinking Win-Win: Boosting Profitability Through Gender-Balanced Flex-Time, Gabriela Steier
Gabriela Steier
Setting working mothers free from the gridlock of inflexible “all-or-nothing” workplaces1 can unleash the tremendous potential of female leadership qualities and create win-win2 situations for both employers and employees. When human resources managers create such win-win situations, they can boost efficiency, productivity, profitability, and ultimately increase their company’s bottom line. The key to this strategy consists of attracting and maintaining female talent in the market by implementing mother-friendlier time management. This article analyses the business case for women in terms of gender-balanced leadership, and evaluates flex-time block-schedules as a corporate management strategy to achieve the goals of boosting the bottom …
The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer
Joe Custer
Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
Social Framework Studies Such As “Women Don’T Ask” And “It Does Hurt To Ask” Show Us The Next Step Toward Achieving Gender Equality—Eliminating The Long Term Effects Of Implicit Bias—But Are Not Likely To Get Cases Past Summary Judgment, Andrea Doneff
Andrea Doneff
Social Framework evidence has been used for many years to explain how statements or actions indicate discriminatory motive. For example, social framework evidence helps us understand how statements that a woman should dress more femininely or attend charm school near the time of a decision not to offer her partnership demonstrate stereotyped behavior and therefore indicate discriminatory motives for the employment decision. Recent social framework studies show that women often do not negotiate on their own behalf and, when they do, they are perceived negatively by both men and women. Complementary studies show that negative perceptions play out over the …
Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli
Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli
Paula A Monopoli
American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …
The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, Lee Adams
Lee Adams
This year marks the thirtieth anniversary of the International Labour Organization’s (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines ILO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …
Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius
Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius
Jenny Julén Votinius
No abstract provided.
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Daddy Warriors: The Battle To Equalize Paternity Leave In The United States By Breaking Gender Stereotypes; A Fourteenth Amendment Equal Protection Analysis, Abraham Z. Melamed
Abraham Z Melamed
No abstract provided.
Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg
Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg
Ronald G. Ehrenberg
[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Ashley R Brown
No abstract provided.
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown
Ashley R Brown
No abstract provided.