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Articles 91 - 113 of 113
Full-Text Articles in Law
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin
Osgoode Hall Law Journal
Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …
Bibliographical Essay: Women And The Legal Profession, Cynthia Grant Bowman
Bibliographical Essay: Women And The Legal Profession, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Re-Defining Reproductive Freedom, Timothy Zick
Re-Defining Reproductive Freedom, Timothy Zick
Faculty Publications
No abstract provided.
Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri
Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri
Faculty Publications
This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Faculty Scholarship
One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …
Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla
Single-Parent Latinas On The Margin: Seeking A Room With A View, Meals, And Built-In Community, Laura M. Padilla
Faculty Scholarship
This article considers the unique challenges of single parent Latinas and and a different way of viewing concerns of single parents. This alternative paradigm uses a holistic approach to the problems I had been pondering, acknowledging their interconnectedness, rather than artificially segmenting them into disjointed issues. I visualized a multi-pronged approach to Latina mothers' many concerns, based on a cohousing model, as modified for the needs of a low-income, racially distinct population of single-parent Latinas. It describes co-housing and proposes that this housing model be more broadly accessible through land use changes and greater acceptance of housing beyond single family …
Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen
Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen
Articles & Chapters
No abstract provided.
Putting Sex To Work, Katherine M. Franke
Putting Sex To Work, Katherine M. Franke
Faculty Scholarship
When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …
Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang
Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts
Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm
Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm
Faculty Scholarship
This article seeks to move beyond the debate between informal and formal legal regulation. Both approaches reflect essential but limited components of a legal regulatory regime. Neither approach adequately responds to the simultaneous challenges of changing organizational structure, racial and gender dynamics, and market-driven demands for flexibility and adaptiveness. The next step requires that we take account of the critiques of formality and informality. This requires embracing the challenge of developing new forms of legal regulation that treat organizational decision makers and incentive structures explicitly as part of the legal regulatory regime. In this view, law consists of a set …
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Publications
Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey
Publications
No abstract provided.
Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West
Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West
Georgetown Law Faculty Publications and Other Works
Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …
Gender Sex Agency And Discrimination: A Reply To Professor Abrams, Katherine M. Franke
Gender Sex Agency And Discrimination: A Reply To Professor Abrams, Katherine M. Franke
Faculty Scholarship
According to the Equal Employment Opportunity Commission, sexual harassment is the fastest-growing area of employment discrimination. In fact, the annual number of sexual harassment complaints filed with the EEOC has more than doubled in the last six years. No one, or at least no one who has given this problem her serious attention, can deny that workplace sexual harassment is a grave problem and that it significantly impedes women's entrance into many sectors of the wage labor market.
Notwithstanding these impressive numbers, sexual harassment legal doctrine remains remarkably undertheorized – particularly by the Supreme Court. For these and other reasons, …
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer
Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer
Other Publications
No abstract provided.
Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning
Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning
Hope Lewis
Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to degradation and abuse--in the …
Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Hope Lewis
Although there have been great strides in feminist human rights efforts in developing methods to prevent domestic violence and other forms of "private" violence against women, feminists still have far to go. For instance, feminists have only recently begun to acknowledge that physical, social, and economic violence against women, especially poor women of color, is perpetuated in part by top-down globalization. This Article demonstrates how Critical Race Feminist analysis, a set of approaches to legal scholarship rooted in feminist and anti-racist critical traditions, reconceptualizes the human rights problems facing Black women who migrate between the United States and Jamaica. Like …
Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison
Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison
Dr. C. Keith Harrison
The purpose of this article is to examine and critically analyze the impact of sport in the African-American community. This critique of the social and behavioral outcomes of sport in the African-American community will include philosophical, historical, and sociological inquiry most affecting the plight of the African-American male in academics and athletics. Data on the perceptions of contemporary African-American men participating in sport in higher education will also add more support to the conclusion that race and sport are socially constructed in society.
Heteronormativity And The Federal Tax Code, Nancy J. Knauer
Heteronormativity And The Federal Tax Code, Nancy J. Knauer
Nancy J. Knauer
Proponents of same-sex marriage demand equal marriage rights as a matter of fundamental human dignity and as a means to gain certain legal benefits and protections. The ability to file joint federal income tax returns is invariably listed as one of the benefits associated with marriage. This outsider perspective contradicts the popular notion that the income tax is anti-marriage and offers a useful vantage point from which to analyze the marital provisions of the federal tax code, the treatment of the provisions in tax scholarship, and legislative proposals for "pro-family" tax reform. The joint filing provisions are just one example …