Law Commons^™

Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan

Indiana Law Journal

This Comment argues that the Policy should be repealed because it undermines

firmly held First Amendment values and would be considered unconstitutional if

applied to domestic nongovernmental organizations (DNGOs). It proceeds in four

parts. Part I describes the inception of the Policy and contextualizes it among other

antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s

landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on

FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues

that the Policy undermines democratic processes abroad and fails to achieve its stated

objective: reducing …

Gender Disparities In Plea Bargaining, Carlos Berdejo

Indiana Law Journal

Across wide-ranging contexts, academic literature and the popular press have identified pervasive gender disparities favoring men over women in society. One area in which gender disparities have conversely favored women is the criminal justice system. Most of the empirical research examining gender disparities in criminal case outcomes has focused on judges’ sentencing decisions. Few studies have assessed disparities in the steps leading up to a defendant’s conviction, where various actors make choices that constrain judges’ ultimate sentencing discretion. This Article addresses this gap by examining gender disparities in the plea-bargaining process. The results presented in this Article reveal significant gender …

A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman

Indiana Law Journal

Justice Ruth Bader Ginsburg made headlines when she said that she would be satisfied with the number of women on the Supreme Court “when there are nine.” But why should that answer have been so remarkable? After all, there were nine men on the Court for nearly all of its history. Yet, Justice Ginsburg’s statement was met with amusement—or from some quarters—disdain. What answer would have been considered more appropriate coming from a groundbreaking feminist litigator? Would four have been an acceptable answer? Would five have been presumptuous? This episode reflects our cramped view of how much representation women can …

Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish

Austen Parrish (2014-2022)

Under first lady Laurie Burns McRobbie’s leadership, Indiana University founded Women’s Philanthropy as one way to celebrate alumnae leadership and to make the achievements of our most talented and trailblazing women graduates more visible. As the IU Maurer School of Law’s 175th year draws to a close, consistent with these larger University efforts, it’s an opportune time to celebrate some of the law school’s extraordinary women graduates. Their stories are powerful and inspiring, and I’m pleased to share just a few.

Empowering Sister Wives: Why The Relationships Between Wives In Polygynous Marriages Deserve Legal Recognition, Stephanie Halsted

Indiana Journal of Law and Social Equality

No abstract provided.

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Indiana Journal of Law and Social Equality

No abstract provided.

Exploring An Old Act For New Protections: How Title Ii Of The Ada Protects Pregnant Women Undergoing Methadone Treatment From State Agency Child Removal, Haley Johnston

Indiana Journal of Law and Social Equality

No abstract provided.

Examining Pay Differentials In The Legal Field, Barbara Donn, Christine Cahill, Meghan H. Mihal

Indiana Journal of Law and Social Equality

This study investigates pay discrimination towards women in the legal field. Recent research has shown that a pay gap does exist in the legal field, and we show that this gap widens throughout the lawyers’ early careers. For our analysis, we focus on the pay differentials between associate level men and women at large private law firms in the United States. The data used in this study is provided by the American Bar Association and is a nationally representative data set following lawyers who began their legal career in 2000. We show that women earn less than their male counterparts …

Dangerous Or Just Pregnant? How Sanism & Biases Infect The Dangerousness Determination In The Civil Commitment Of Pregnant Women, Alyson R. Schwartz

Indiana Journal of Law and Social Equality

Sparked by the story of Alicia Beltran, this Note explores state use of civil commitment statutes to police pregnant women suspected of drug use. Civil commitment determinations are already infiltrated by sanism: an irrational prejudice against those with mental disabilities and illnesses expressed through stereotyping and stigmatization similar to that of other prejudices such as racism and sexism. Yet, deficiencies in civil commitment safeguards for pregnant women cannot be explained simply as an issue of sanism, gender oppression, wealth inequality, or racism. Rather, each of these components must be combined to reveal how the interaction of each erodes the constitutional …

Rights Of Belonging For Women, Rebecca E. Zietlow

Indiana Journal of Law and Social Equality

No abstract provided.

Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich

Indiana Journal of Law and Social Equality

No abstract provided.

Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy, Jody L. Madeira

Articles by Maurer Faculty

Legal scholarship portrays women as reproductive decision makers in conflicting ways. The distinctions between depictions of infertile women and women considering abortion are particularly striking. A woman seeking infertility treatment, even one who faces no legal obstacles, is often portrayed as so emotionally distraught and desperate that her ability to give informed consent is potentially compromised. Yet, the legal academy has roundly rejected similar stereotypes of pregnant women considering abortion, depicting them as confident and competent decision makers. This Article argues that legal scholars' use of a "desperate woman" stereotype denies women's ability to critically assess the health risks and …

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett

Indiana Journal of Global Legal Studies

This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …

Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth Glenn Dau-Schmidt, Marc Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Articles by Maurer Faculty

In this study, we use the University of Michigan Law School Alumni Data Set to undertake an empirical analysis of the impact of gender on the legal profession and the differences that gender makes in the careers and lives of attorneys. With regular survey responses from Michigan alumni from 1967 until the present, the University of Michigan Law School Alumni Data Set provides a unique opportunity to examine these questions from the days when female attorneys were rare, to the arrival of the first generation of women to achieve significant presence in the legal profession.

Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Dependency By Law: Poverty, Identity, And Welfare Privatization, Frank Munger

Indiana Journal of Global Legal Studies

Privatization of welfare reflects the political pressure to limit public responsibility for protection of social citizenship. Recent welfare reforms incorporate three classic market-like privatization mechanisms--contracting out services forcing allocation of a limited pool of benefits, and deregulation. Deregulation entails strategic diversion and disqualification of large numbers of would-be applicants who are left without alternatives to the labor market. In this article I discuss an empirical study of the effects of deregulation of welfare on the self-perceptions of recipients. Interviews with recipients and with low-wage health care workers, former recipients, show that, criticisms of welfare notwithstanding, they have embraced welfare reform's …

A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils

Indiana Law Journal

No abstract provided.

Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich

Indiana Journal of Global Legal Studies

No abstract provided.

The Globalization Of Female Child Prostitution: A Call For Reintegration And Recovery Measures Via Article 39 Of The United Nations Convention On The Rights Of The Child, Laurie Robinson

Indiana Journal of Global Legal Studies

No abstract provided.

The Mail-Order Bride Industry And Immigration: Combating Immigration Fraud, Amy Elson

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock

Indiana Law Journal

No abstract provided.

Great Expectations: Women In The Legal Profession: A Commentary On State Studies, Ann J. Gellis

Indiana Law Journal

No abstract provided.

Law Students Estimate Half Joined Boycott, Dan Joseph

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Law Students Make Valid Point With Protest, Jill Miller

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

Iu Law Students Join Nationwide Class Boycott, Dan Joseph

Bryant Garth (1986-1987 Acting; 1987-1990)

No abstract provided.

The Criminalization Of Maternal Conduct During Pregnancy: A Decisionmaking Model For Lawyers, Elizabeth L. Thompson

Indiana Law Journal

No abstract provided.

Women In Bankruptcy And Beyond, Zipporah Batshaw Wiseman

Indiana Law Journal

Symposium: As We Forgive Our Debtors