Law Commons^™

Brief For Professors At Unm School Of Law, Griego V. Oliver, New Mexico Supreme Court No. 34,306, George Bach, Max Minzner

Faculty Scholarship

Brief on same-sex marriage .

New Mexico's history reflects a deep commitment to equal treatment under the law and the protection of individual liberty. The framers of the New Mexico Constitution created substantial and unique provisions relating to minority rights and individual autonomy that are broader in scope than the corresponding federal law. These include an Equal Protection Clause interpreted more expansively than the Fourteenth Amendment and an Inherent Rights Clause with no federal counterpart. Our state courts have consistently exercised independence and pragmatism in applying these rights guaranteed by the New Mexico Constitution.

A prohibition on marriage for same-sex …

The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks

University of Michigan Journal of Law Reform

In a large number of states, women are encouraged to take their husbands’ surnames at marriage by being offered an expedited name-change process that is shorter, less expensive, and less invasive than the statutory process that men must complete. If a couple instead decides to take an altogether-new name at marriage, the vast majority of states require that each spouse complete the longer statutory process. This name-change system emerged from a long history of naming as a way for men to dominate women. This Note emphasizes the need for name-change reform, arguing that the current system perpetuates antiquated patriarchal values …

Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

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

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

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

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

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

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

Abraham Z Melamed

No abstract provided.

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 …

Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.

Journal of Interdisciplinary Feminist Thought

This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.

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

Ashley R Brown

No abstract provided.

Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks

Roy L. Brooks

Abstract

Modern slavery is defined as human exploitation over a period of time effectuated through coercion, fraud or trickery. An estimated 12.3 million people worldwide are held in some form of modern slavery, including forced labor, bonded labor, forced child labor, and sexual servitude. Children and women bear the brunt of modern slavery. Divided into three stages—trafficking, exploitation, and post-conflict—modern slavery has attracted much scholarly interest in recent years. However, relatively little scholarly attention has been given to the post-conflict stage. This article attempts to initiate such discussion by drawing upon the reparative framework crafted in the years since the …

Sex Trafficking In Edo State, Nigeria: Causes And Solutions, Tim S. Braimah

Tim s Braimah

Edo State, the 'Heartbeat of Nigeria', has been labeled as “the most endemic source of human trafficking in Nigeria”. As a result of this negative label, a number of international organizations and non-governmental organizations have intervened to combat sex trafficking in the region. Despite these interventions, sex trafficking is still rife in Edo State. This article argues that political, economic, religious, social and cultural factors contribute to the difficulties in curbing sex trafficking in Edo State. To eradicate it, a joint effort between the government, traditional leaders, religious institutions/NGOs and members of the public is needed.

U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne

Allison Rogne

It is a well-established principle, both domestically and internationally, that rape is torture when suffered as part of confinement. It is also well documented, both domestically and internationally, that rape is rampant in U.S. prisons. And it is well established, both domestically and internationally, that those who torture should not do so with impunity, that that impunity is an affront to civilization and the human rights principles to which we all strive. And yet, in U.S. prisons, shocking numbers of women are systematically raped and sexually abused by those that would rehabilitate them. Female prisoners are victims of vaginal and …

When A Woman Campaigns, Emily Sloan

Montana Law Review

This essay is a portion of a manuscript written by Montana's first female county attorney about her campaigns in the 1920s.

Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.

Gender And Global Lawyering: Where Are The Women?, Steven A. Boutcher, Carole Silver

Indiana Journal of Global Legal Studies

The dual forces of globalization and support for diversity in the legal profession are responsible for significant growth among U.S. law firms. Both women lawyers and those educated outside of the U.S. have been important elements facilitating the global trajectories of U.S. firms, but the interaction between the two has not been the subject of substantial research. We address this gap by drawing on an original dataset of lawyer biographies, and consider whether career strategies that involve the international mobility of lawyers are equally powerful for women and men. Our research suggests that globalization of large firm practice has not …

Women In The Legal Profession, 1970-2010: A Study Of The Global Supply Of Lawyers, Ethan Michelson

Indiana Journal of Global Legal Studies

This article represents the first effort to measure the changing global supply and composition of lawyers over a period of several decades. In it I assemble data on lawyer populations and gender compositions from eighty-six countries and use them to calculate estimates for the rest of the world in order to paint a truly global picture of the changing supply of lawyers in general and of female lawyers in particular. Most of the data supporting my analyses come from a unique and hitherto untapped source: individual-level census data. Results reveal a clear sequence in the global process of lawyer feminization. …

Parenthood Status And Compensation In Law Practice, Nancy Reichman, Joyce Sterling

Indiana Journal of Global Legal Studies

This article asks how cultural frameworks of status influence the evaluation of performance including compensation and advancement of lawyers who were seven years into their practice. We borrow from the work on status expectations that goes beyond gender distinctions and assesses whether the concept of motherhood has a negative impact on assessment of female lawyers. Status expectations theory hypothesizes that mothers are valued less because they are less committed to the workplace and thus receive a motherhood penalty while men receive a fatherhood bonus in compensation decisions. Employing data from the After The JD study, we test the impact of …