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Full-Text Articles in Law

Berkeley Women's Law Journal: A Powerful Force At Twenty, Herma Hill Kay Dec 2012

Berkeley Women's Law Journal: A Powerful Force At Twenty, Herma Hill Kay

Herma Hill Kay

Anniversaries provide appropriate occasions to learn from experience by examining the past and planning for the future. The Twentieth Anniversary of the founding of the Berkeley Women's Law Journal (now the Berkeley Journal of Gender, Law & Justice) is such an occasion.


Symposium: Comments On Panel 2, Peter Jaszi Oct 2012

Symposium: Comments On Panel 2, Peter Jaszi

Peter Jaszi

No abstract provided.


Transcript: Opening Remarks, Peter Jaszi Oct 2012

Transcript: Opening Remarks, Peter Jaszi

Peter Jaszi

No abstract provided.


Gender, Legal Education, And Judicial Philosophy In The Region, Claudio Grossman Oct 2012

Gender, Legal Education, And Judicial Philosophy In The Region, Claudio Grossman

Claudio M. Grossman

No abstract provided.


Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns Oct 2012

Women Law Journals In The New Millennium: How Far Have They Evolved? And Are They Still Necessary?, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.


Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez Sep 2012

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …


I Wanna Marry You: An Empirical Analysis Of The Distraction And Irrelevancy Of Doma, Deirdre M. Bowen Sep 2012

I Wanna Marry You: An Empirical Analysis Of The Distraction And Irrelevancy Of Doma, Deirdre M. Bowen

Deirdre M Bowen

This article offers the only empirical analysis to date of national data evaluating the claim that DOMAs preserve and stabilize the family. After concluding that DOMA is not associated with this goal, the article explores what variables are correlated with family stability. Next, the article explores moral entrepreneurism and moral panic as a theoretical explanation for DOMAs continued attraction. Finally, the article offers pragmatic recommendations for achieving family stability.


Ties That Bind: The Irrelevancy And Distraction Of Doma, Deirdre Bowen Sep 2012

Ties That Bind: The Irrelevancy And Distraction Of Doma, Deirdre Bowen

Deirdre M Bowen

This article offers the only empirical analysis to date of national data evaluating the claim that DOMAs preserve and stabilize the family. After concluding that DOMA is not associated with this goal, the article explores what variables are correlated with family stability. Next, the article explores moral entrepreneurism and moral panic as a theoretical explanation for DOMAs continued attraction. Finally, the article offers pragmatic recommendations for achieving family stability.


Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy Jul 2012

Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.


Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone Jun 2012

Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone

Michelle M. Harner

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them? This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …


Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik May 2012

Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik

Dan Subotnik

No abstract provided.


The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik May 2012

The Cult Of Hostile Gender Climate: A Male Voice Preaches Diversity To The Choir, Dan Subotnik

Dan Subotnik

No abstract provided.


The Legal Construction Of Poverty: Gender, 'Work' And The 'Social Contract', Lucy A. Williams Apr 2012

The Legal Construction Of Poverty: Gender, 'Work' And The 'Social Contract', Lucy A. Williams

Lucy A. Williams

This Paper attempts to provide a broad thematic framework for discussing critical and sometimes controversial issues in the field of law and poverty. Using gender as the lens through which to view a late 20th century version of social contract theory, the Paper discusses how blindness toward gender consequences of social policy and legal rules: (i) obscures the roots of poverty that are in part constructed by common law background legal rules of property, contract, tort, and family law; (ii) induces decision makers to ignore the conditions of and sex segregation in low-wage labor markets and the lack of upward …


Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams Jan 2012

Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams

Lucy A. Williams

This article exposes and critiques the media images of poor women and children that drive legislative debate in social assistance, or welfare public policy issues in the United States. It explores the impact of media images on law-making by focusing on three statutory time periods: 1935, when the Aid to Dependent Children program was initially enacted as part of the Social Security Act; 1967, when the first mandatory work requirements were added to the Aid to Families with Dependent Children program, and the mid-1990s, when states began implementing widely divergent categorical eligibility requirements that restrict benefits in an attempt to …


The Good The Bad And The Ugly, Lisa Pruitt Dec 2011

The Good The Bad And The Ugly, Lisa Pruitt

Lisa R Pruitt

This is a contribution to a collection of reflections by former chairs of the AALS Section on Women in Legal Education. The collection spans four decades, beginning with Justice Ruth Bader Ginsberg's reflections on her year as chair in 1972 and continuing through Danne L. Johnson's 2011 term as Chair. Professor Pruitt was Chair of the Section in 2010.


"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg Dec 2011

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …


Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen Dec 2011

Off-Balance: Obama And The Work-Family Agenda, Rona Kaufman Kitchen

Rona Kaufman Kitchen

During his bid for the Presidency, Barack Obama specifically identified work-family conflict as a key issue that would receive attention and reform if he became President. After entering the White House, President Obama continued to consistently articulate that work-family balance issues were a priority for America's families and for his administration. In May 2011, the President reaffirmed his dedication to the issues that face working parents, stating that his administration was, "striving to help mothers in the workplace by enforcing equal pay laws and addressing workplace flexibility as families balance the demands of work, child and elder care, and education." …


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Dec 2011

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

Felice J Batlan

This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.


Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris Dec 2011

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …