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Articles 91 - 116 of 116
Full-Text Articles in Law
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
Project on Addressing Prison Rape - Articles
This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.
The New Face Of Women's Legal History: An Introduction To The Symposium, Tracy A. Thomas
The New Face Of Women's Legal History: An Introduction To The Symposium, Tracy A. Thomas
Tracy A. Thomas
Women’s legal history is developing as a new and exciting field that provides alternative perspectives on legal issues both past and present. Feminist legal history seeks to examine the ways in which law historically has informed women’s rights and how feminist discourse has shaped the law. This short essay quickly traces the development of women's legal history as a field, and then introduces the papers from a symposium at the University of Akron School of Law. The Akron Constitutional Law Center oranized a conference in October 2007 entitled “The New Face of Women’s Legal History” to showcase many of the …
The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus
The Role Of International Bodies In Influencing U.S. Policy To End Violence Against Women, Lenora M. Lapidus
Fordham Law Review
No abstract provided.
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Faculty Publications
No abstract provided.
When Big Brother Is Watching [Out For] You: Mentoring Lawyers, Choosing A Mentor, And Sharing Ten Virtues From My Mentor, Julie Oseid
South Carolina Law Review
No abstract provided.
(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury
(Mis)Appropriated Liberty: Identity, Gender Justice And Muslim Personal Law Reform In India, Cyra Akila Choudhury
Faculty Publications
This article argues that in order to emancipate Indian-Muslim women from an outdated family legal code, their position at the intersection of gender and a minority religion must be taken seriously. Proposals for reform that have been suggested by Western liberal, secular feminists that ignore the importance of women's religious affiliation fail to do this. Moreover, by making assumptions about the strength of secularism in India, the willingness of the state to enact legal reforms driven by gender concerns, and by failing to acknowledge the limits of formal rights alone in changing norms, these scholars do not account for the …
Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone
Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone
Faculty Publications
Today, as a sexual harassment plaintiff who failed to report harassment before bringing suit, you likely will fare better under the law if you submitted to your harasser and engaged in relations with him, than you would if you had passively resisted until you were driven out of your employment. This Article examines the law’s illogical preference for plaintiffs who acquiesced to the propositions of their supervisors over those who resisted harassment but nonetheless failed to report it. It explores the roots of such a preference in society, as well as its consequences. Ultimately, this Article asks critical questions that …
Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin
Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin
Faculty Scholarship
The purpose of this article is to analyze and compare women lawyers in Germany with women lawyers in the United States: their legal education, gender proportion in the legal profession, work opportunities, satisfaction with professional choices, and role conflicts. 22 Part I of this article will describe Germany's legal education and compare it with U.S. legal education. Part II will review the literature and issues relevant to German women lawyers as compared with U.S. women lawyers and will summarize and analyze how societal attitudes have affected women's choices in Germany and in the United States. Part III will compare demographic …
Book Review: Why Smart Men Marry Smart Women By Christine B. Whelan Comforting Insights Into What Should Be Obvious (But May Not Necessarily Be So), Theresa M. Beiner
Book Review: Why Smart Men Marry Smart Women By Christine B. Whelan Comforting Insights Into What Should Be Obvious (But May Not Necessarily Be So), Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner
Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
Articles
The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …
Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait
Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait
Law Faculty Publications
The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …
Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan
Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan
South Carolina Journal of International Law and Business
No abstract provided.
Gender Equity In Clinical Trials In Canada: Aspiration Or Achievement?, Roxanne Mykitiuk, Patricia Peppin
Gender Equity In Clinical Trials In Canada: Aspiration Or Achievement?, Roxanne Mykitiuk, Patricia Peppin
Articles & Book Chapters
Achieving gender equity in clinical trials requires that women be included in sufficient numbers to carry out analysis, that sub-sample analyses be performed, and that results be communicated in such a way as to expand medical knowledge, inform policy decisions, and educate patients. In this article, we examine the extent to which Canada promotes gender equity through its laws and guidelines, viewed within the context of its drug safety system and its research ethics board structure. We analyze the structuring of information by the pharmaceutical industry and consider the impact of its promotional activities on the state of gender knowledge …
Mothers, Babies And Jail, Rebecca Johnson
Mothers, Babies And Jail, Rebecca Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The First (Black) Lady, Verna L. Williams
The First (Black) Lady, Verna L. Williams
Faculty Articles and Other Publications
Part I examines the role of First Lady, which has been undertheorized in legal scholarship, and how it promotes privileged white femininity, and in so doing, upholds patriarchy. Part II builds upon that discussion, explaining that the gender and racial norms that contribute to the traditional First Lady trope exemplify the intertwined nature of racism and sexism, which have been used to justify Black subordination. This section also examines how African Americans have embraced gender conformance as a way of attaining acceptance and status within the existing social order, specifically through the "Black lady" construct, which the campaign invoked to …
Fighting Women: The Military, Sex, And Extrajudicial Constitutional Change, Jill Elaine Hasday
Fighting Women: The Military, Sex, And Extrajudicial Constitutional Change, Jill Elaine Hasday
Georgetown Law Faculty Publications and Other Works
The Supreme Court in Rostker v. Goldberg (1981) upheld male-only military registration, and endorsed male-only conscription and combat positions. Few cases have challenged restrictions on women's military service since Rostker, and none have reached the Supreme Court. Federal statutes continue to exclude women from military registration and draft eligibility, and military regulations still ban women from some combat positions. Yet many aspects of women's legal status in the military have changed in striking respects over the past quarter century while academic attention has focused elsewhere. Congress has eliminated statutory combat exclusions, the military has opened many combat positions to women, …
Disability, Equipment Barriers, And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo
Disability, Equipment Barriers, And Women’S Health: Using The Ada To Provide Meaningful Access, Elizabeth Pendo
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Final Version: The Case For The Genetic Parent: Stanley, Quilloin, Caban, Lehr, And Michael H. Revisited, Anthony Miller
Final Version: The Case For The Genetic Parent: Stanley, Quilloin, Caban, Lehr, And Michael H. Revisited, Anthony Miller
Anthony Miller
Does a genetic parent have right to exercise the fundamental rights which the United States Constitution affords parents? If a lesbian couple has a child with one woman donating the ova, which is artificially inseminated and implanted in the other woman, is the donor woman a mother under the Constitution? If sometime in the future a heterosexual couple has a child through the process if in vitro fertilization and through the use of an artificial womb, would the woman and man be the child’s mother and father for constitutional purposes? While the United States Supreme Court has recognized that parents …
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
Kristine Knaplund
No abstract provided.
The Trafficking And Exploitation Victims Assistance Program: A Proposed Early Response Plan For Victims Of International Human Trafficking In The United States, Marisa S. Cianciarulo
The Trafficking And Exploitation Victims Assistance Program: A Proposed Early Response Plan For Victims Of International Human Trafficking In The United States, Marisa S. Cianciarulo
Marisa S. Cianciarulo
The Trafficking Victims Protection Act, ground-breaking legislation designed to punish traffickers and protect victims, is not reaching its full potential as a powerful tool against international human trafficking. A principal component of the Act - the availability of special T visas for trafficking victims who cooperate with law enforcement officials against their traffickers - is failing to reach its intended beneficiaries. According to U.S. government statistics, less than one percent of individuals trafficked into the United States have received protection in the form of a T visa. This article identifies weaknesses in the T visa system and proposes reforms designed …
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
What Is Choice? Examining Sex Trafficking Legislation Through The Lenses Of Rape Law And Prostitution, Marisa S. Cianciarulo
Marisa S. Cianciarulo
Sex trafficking has proven particularly immune to attempts to eradicate it. One reason may be that some types of demand will always be illegal and thus always vulnerable to trafficking, such as violent sex or sex with minors. Another reason, however, and the one that is the subject of this article, is the lack of cohesive policy on one of the main issues surrounding trafficking: consent. As discussed below, conflicting perspectives on the nature of consent have impeded the development of effective anti-trafficking efforts. One of the main debates plaguing efforts to eliminate sex trafficking involves the definition of the …
Transforming Transsexual And Transgender Rights, L. Camille Hebert
Transforming Transsexual And Transgender Rights, L. Camille Hebert
L. Camille Hebert
Transsexual and transgendered individuals receive only sporatic and non-comprehensive protection against discrimination in employment. Most efforts to extend that protection, through avenues of protection as a disability or enacting legislation extending protected class status, have been unsuccessful or incomplete. More successful in recent years has been to extend protection against sexual stereotyping to transsexual and transgendered individuals. Least successful has been the argument that discrimination against transsexual and transgendered individuals is itself prohibited sex discrimination. This article argues that in fact the structure to protect transsexual and transgendered individuals from discrimination is already in place through federal and state statutes …
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Martin H. Malin
Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan
Felice J Batlan
Enjoining Coercion: Squaring Civil Protection Orders With The Reality Of Domestic Abuse, Jeffrey R. Baker
Enjoining Coercion: Squaring Civil Protection Orders With The Reality Of Domestic Abuse, Jeffrey R. Baker
Jeffrey R Baker
Every state provides civil protection for victims of domestic abuse, but these regimes typically fixate on physical violence. Domestic abuse, however, does not spring from violent tendencies. Rather, abuse arises from a perpetrator’s desire to exert power and control over his victim. Abusers often deploy emotional, economic, political and social tactics to coerce responses from vulnerable partners long before they resort to violence. Violence is the extreme tool to maintain control when a victim challenges the abuser’s power over her life. Civil protection systems should confront domestic abuse more comprehensively by providing relief from oppressive coercion. By empowering victims earlier …