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Law and Gender

Series

1997

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Articles 1 - 30 of 59

Full-Text Articles in Law

Fax: The White House Office Of The Press Secretary December 8, 1997, The White House Dec 1997

Fax: The White House Office Of The Press Secretary December 8, 1997, The White House

Saffy Collection - All Textual Materials

Memorandum for the Secretary of State. A fax disseminate the “Presidential determination on waiver and certification of statutory provisions regarding the Palestine Liberation Organization”.


Treating Sexual Harassment With Respect, Anita Bernstein Dec 1997

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.


A Postscript On Vmi, Elizabeth M. Schneider Oct 1997

A Postscript On Vmi, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck Oct 1997

Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women Centennial Pannel, Elizabeth M. Schneider, Deborah Brake, Donna Lenhoff, Sharon Elizabeth Rush, Ann Shalleck

Faculty Scholarship

No abstract provided.


Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol Oct 1997

Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, developed in a prologue and three parts, adopts Latinas'/os' world traveling as a metaphor for Latina/o multidimensionality and as a springboard for LatCrit theorizing. The Prologue is a brief diary entry of unfin de semana viajando mundos - a weekend of actual traveling between New York and Miami; law and familia; profesora and learner; colleague and hija; español and English; norte y sur; normativa and other; indigenous and alien. This abbreviated record of a Latina's life reveals, exposes, and unveils Latinas'/os' daily crossdressing simply by virtue of their latinidad. This Prologue thus serves as a concrete backdrop for …


Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld Aug 1997

Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld

Law Publications

No abstract provided.


Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry Jul 1997

Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry

Law Faculty Articles and Essays

This paper is an expanded version of the speech that Professor Cherry presented at the National Women Law Students' Association Conference, entitled Consensus and the Community: Diversifying Our Points of View, at the University of Wisconsin Law School on March l, 1996. For Professor Cherry's complete article on this topic, see 10 Wis. Women's L.J. 161 A Feminist Understanding of Sex-Selective Abortion: Solely a Matter of Choice


Testing Testing, Carl E. Schneider Jul 1997

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …


Know Your Rights: A Guide To Employment Law For California Workers, Marci Seville, Maria Blanco, Whitney Gabriel, Anne Yen May 1997

Know Your Rights: A Guide To Employment Law For California Workers, Marci Seville, Maria Blanco, Whitney Gabriel, Anne Yen

Women’s Employment Rights Clinic

The Women's Employment Rights Clinic of Golden Gate University School of Law has written this handbook to help guide California employees who have legal questions regarding their employment. The chapters include broad overviews of different areas of the law. The law changes frequently, and this book contains only basic information. Employees should use this handbook as a starting place for further action and advice; it is not meant to be a substitute for legal counsel.


A Feminist View Of American Elder Law, Rebecca Korzec Apr 1997

A Feminist View Of American Elder Law, Rebecca Korzec

All Faculty Scholarship

ANY discussion of contemporary American elder law must consider gender issues. A number of gender concerns are readily discernible, including workplace and family issues. Significantly, sex-based disparities are increasing within the elderly population. In turn, these disparities exacerbate problems of fairness and equity in meeting intergenerational family needs and expectations.

As with childrearing, in contemporary American society, the major caregiving responsibility for the growing number of frail elderly falls largely on women rather than men. With an increasing number of women working outside the family home, the intersection of work and family issues is receiving considerable attention both in academic …


A Wigmorian Defense Of Feminist Methods, Katharine K. Baker Feb 1997

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Voicing Differences (Comment), Margaret E. Montoya Jan 1997

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …


Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya Jan 1997

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …


Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff Jan 1997

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.


International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …


Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker Jan 1997

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker Jan 1997

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer Jan 1997

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.


Unexpected Connections: Considering Employees' Personal Lives Can Revitalize Your Business, Lotte Bailyn, Joyce K. Fletcher, Doborah Kolb Jan 1997

Unexpected Connections: Considering Employees' Personal Lives Can Revitalize Your Business, Lotte Bailyn, Joyce K. Fletcher, Doborah Kolb

ADVANCE Library Collection

Efforts to integrate work and personal life affect people at all organizational levels. Traditional approaches seem to exacerbate the problem by pitting employee and business goals against each other. The authors' approach to integration is based on linking personal lives and work in an opportunity to innovate and change. In a research project, Bailyn et al. worked with a company known for leading-edge employee benefits to find out why employees were not fully using those benefits. At each site, they collaborated to help employees better integrate work with personal lives and help the site meet its business goals. They helped …


The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel Jan 1997

The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer Jan 1997

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …


Single-Sex Education After United States V. Virginia, Catherine O’Neill Jan 1997

Single-Sex Education After United States V. Virginia, Catherine O’Neill

Faculty Articles

In United States v. Virginia, the Supreme Court held that courts must invalidate sex-based classifications that "create or perpetuate the legal, social and economic inferiority of women." This contribution to equal protection jurisprudence, however, leaves unclear when single-sex higher education remains constitutional. This article argues that the Court has been preoccupied with legislative motive in this area. A capability approach, which assesses well-being and identifies individual advantage by reference to an account of what a person is able to do or be, might better help courts determine when there is an "exceedingly persuasive justification" for a sex-based classification.


Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck Jan 1997

Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley Jan 1997

Female Trouble: The Implications Of Tort Reform For Women, Lucinda M. Finley

Journal Articles

No abstract provided.


Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon Jan 1997

Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon

Faculty Articles

In this essay Professor Chon reviews Chinese Women Traversing Diaspora: Memoirs, Essays, and Poetry. Chinese Women Traversing Diaspora is the second volume of a series on the theme of "Gender, Culture, and Global Politics." Professor Sharon Hom, who edited this volume, deliberately contextualizes the "I" and "we" that supply the narrative voice and subject in each of these works as specific ethnic, gendered, and generational locations within Asian America. However, Professor Chon illustrates how this anthology is not so much about the "I" as it is about the "we." Professor Horn is engaged in a project of excavating individual histories …


Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri Jan 1997

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …


The Economics Of Home Production, Joni Hersch Jan 1997

The Economics Of Home Production, Joni Hersch

Vanderbilt Law School Faculty Publications

The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% to 75% as of 1995, while the participation rate for women has surged, from 37.7% in 1960 to 58.9% in 1995.1 The combination of rising labor force participation rates for women and falling rates for men has resulted in a work force that is approaching equal representation of each gender. However, the picture at home indicates a far greater gender stratification of work than …


A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams Jan 1997

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone Jan 1997

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.