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Full-Text Articles in Law
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
Duke Journal of Gender Law & Policy
[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …
Military Values In Law, Diane H. Mazur
Military Values In Law, Diane H. Mazur
Duke Journal of Gender Law & Policy
Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim's assertion of privilege is at least potentially inconsistent with the victim's professional obligation to …
Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer
Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer
Duke Journal of Gender Law & Policy
I. Introduction: Identifying the Controversy The mythology of adoption involves a scenario in which a teenage girl gets pregnant, and neither she nor the father is ready to raise a child. Upon birth, these young parents voluntarily relinquish the baby to an upwardly mobile couple who have been waiting years to adopt. The adoptive parents become, in essence, the birth parents to the baby who grows up happy and well-adjusted. The birth parents vanish from the picture, perhaps eventually marrying and having additional children. No one looks back. But what happens to this myth when the birth mother changes her …
Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse
Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse
Duke Journal of Gender Law & Policy
I. Adoption and the Clash of Rights Perspectives Adoption law in the United States, depending on whom you ask, is either at a turning point or hopelessly gridlocked. 1 Many issues seem to defy consensus. Media reports of high profile adoption cases 2 have attracted enormous attention, not only because of their inherent drama, but also because they implicate highly contested definitions of what makes a family. Many of the most volatile adoption issues are couched in terms of rights: the birth mother's right to confidentiality; the adoptive parent's right to be treated equally without regard to race, ethnicity, religion, …
Gender Law, Katharine T. Bartlett
Gender Law, Katharine T. Bartlett
Duke Journal of Gender Law & Policy
The inauguration of the DUKE JOURNAL OF GENDER LAW & POLICY represents an exciting step in the institutionalization of a subject area in academic law formerly found only at the fringe of legal scholarship and law school curriculums. Often shunned as a political activity inappropriate to institutions committed to academic rigor, objectivity, and neutrality, gender law has begun to lay down roots as a disciplined set of inquiries that enhance the rigor of conventional legal study and offer tools for improving the objectivity and neutrality of law, even as it challenges the conventional meanings of those concepts. There are two …
Race And Gender Discrimination: A Historical Case For Equal Treatment Under The Fourteenth Amendment, Sandra L. Rierson
Race And Gender Discrimination: A Historical Case For Equal Treatment Under The Fourteenth Amendment, Sandra L. Rierson
Duke Journal of Gender Law & Policy
It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people--women as well as men. --Susan B. Anthony 1 Under the common law of both England and the United States, a married woman enjoyed a legal status only slightly better than that of a slave. Until the mid-nineteenth century, in no state could …
From Betrayal To Power, Elizabeth Debold, Marie Wilson, Idelisse Malave
From Betrayal To Power, Elizabeth Debold, Marie Wilson, Idelisse Malave
Duke Journal of Gender Law & Policy
Resistance is the secret of joy! --Alice Walker Possessing the Secret of Joy What does it mean to love a daughter in a culture that is hostile to her integrity? In a culture where power equals dominance and superiority, men's control of public life--the world of political and economic power that shapes the desires of private life--places mothers in a double bind as their daughters approach womanhood. The common ways that mothers have of guiding daughters--what we call "the paths of least resistance" in chapter two 1 --ask girls to make deep psychological sacrifices to straddle the cultural division of …