Law Commons^™

Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn

Karen H. Rothenberg

No abstract provided.

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Karen H. Rothenberg

No abstract provided.

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli

Paula A Monopoli

Congress is considering pension reform in the wake of the tremendous loss in market value of retirement plans during the current recession. This article suggests that this is a historic moment to remedy a previously unidentified, unintended but profound gender disparity embedded in the federal law governing retirement plans in this country. It explores the common perception that while contemporary law and policy aim to facilitate equality within marriage, including in the area of property ownership, embracing equitable distribution in reallocating property upon divorce, the Employment Retirement Income Security Act’s (ERISA) structuring of retirement asset accumulation runs counter to this …

Defining “Sexual Abuse Of A Minor” In Immigration Law: Finding A Place For Uniformity, Fairness And Feminism, Kate Barth

Kate S. Barth

This article examines the circuit split over the proper definition of the term "sexual abuse of a minor" in the Immigration and Nationality Act, using considerations of fairness, uniform application of the law, and feminist perceptions of the purpose of statutory rape laws to help guide analysis. The Board of Immigration Appeals, the Second, Third, Fifth, Seventh, and Eleventh Circuits have tied the term "sexual abuse of a minor" to the definition given in 18 U.S.C § 3509(a)(8). The Ninth Circuit, on the other hand, recently decided that the term should more properly be tied to the definition given in …

The 'I' In Indigenous; Enforcing Individual Rights Guaranties In An Indigenous Group Rights Context, Rebecca Gross

Rebecca Gross

This article suggests that the international trend toward supporting legal autonomy from state control for indigenous communities under the guise of “self-determination,” as embodied in the recently enacted Declaration on the Rights of Indigenous Peoples, has created a manifest legal conflict within the body of international human rights laws between the rights of individuals and the new concept of collective group rights. The article highlights one indigenous woman’s recent struggle in Mexico to assert her right to participate in a local election contrary to her tribe’s customary law forbidding women to do so, in order to illustrate the potential human …

Restructuring The Labor Market To Democratize The Public Forum, Jessica A. Knouse

Jessica A. Knouse

Restructuring the Labor Market to Democratize the Public Forum makes the provocative argument that the identities we construct in the labor market prevent us from creating a democratic public forum. The labor market, where we spend most of our time as adults, wields tremendous influence over our identities, yet its influences are deeply undemocratic. Employers work to create hierarchy and ideological conformity – through many mechanisms, including sex-based pay scales and stereotypes – rather than to promote equality and ideological diversity. When employer-created hierarchies and ideologies are internalized and reproduced within the public forum, they diminish the possibility of democratic …

All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.

Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana

Shruti Rana

In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation. This …

Women's Rights: The Possible Impact Of Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. While international humanitarian law (IHL) has dedicated or ‘special’ provisions for women, feminist legal scholars have done much to exposed the gendered nature of this branch of international law. In recent decades, the United Nations’ campaign of mainstreaming of women’s issues has impacted significantly on relevant human rights law (HR Law), and the International Committee of the Red Cross (ICRC) has actively sought to investigated and address women’s concerns. However, …

Behavioral Economic Issues In American And Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja

Urska Velikonja

The United States, unlike most developed countries, does not regulate its fertility industry. Rather, it has vested control over the industry to professional organizations and to market forces. While lack of regulation has produced a vibrant market for ART services, it has also produced an undesirable consequence: a high rate of multiple gestation pregnancies. In this article I summarize the data on the medical, psychological, and financial costs associated with multiple pregnancies to the parents, the children, and the American society. I suggest that the current U.S. regulatory regime has not only failed to address these costs as they surfaced, …

Why So Slow: A Comparative View Of Women's Political Leadership, Paula Monopoli

Paula A Monopoli

No abstract provided.

Tracking Civilian Casualties In Combat Zones Using Civilian Battle Damage Assessment Ratios., E Cameron, M Spagat, M Hicks

Madelyn Hsiao-Rei Hicks

No abstract provided.

The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian

Maya Manian

In Gonzales v. Carhart, the Supreme Court upheld a federal ban on a type of second-trimester abortion that many physicians believe is safer for their patients. Carhart presented a watershed moment in abortion law, because it marks the Supreme Court’s first use of the anti-abortion movement’s “woman-protective” rationale to uphold a ban on abortion and the first time since Roe v. Wade that the Court denied women a health exception to an abortion restriction. The woman-protective rationale asserts that banning abortion promotes women’s mental health. According to Carhart, the State should make the final decisions about pregnant women’s healthcare, because …

Abuse And Discretion: Evaluating Judicial Discretion In Custody Cases Involving Violence Against Women, Dana Harrington Conner

Dana Harrington Conner

This Article is an exploration of the history and creation of the broad power of the custody trial judge, the unsatisfactory standards applied in custody cases involving violence against women, and our system’s inability to adequately review flawed decisions at the appellate level. The Article deconstructs both the process of judicial decision-making at the trial court level in custody cases involving batterers and the standards applied to these cases at the appellate court stage. In addition, the Article also proposes a multi-level approach to resolving the domestic violence dilemma in a custody case.

History confirms that the custody trial judge …

Behavioral Economic Issues In American & Islamic Marriage & Divorce Law, Ryan M. Riegg

Ryan M. Riegg

‘A Recommitment To The Idea Of Substantive Equality’ (Or Not)? S. 15(1) Of The Charter Of Rights After Kapp: Harris V Canada (Human Resources And Skills Development), Mel Cousins

Mel Cousins

This note looks at the decision of the Federal Court of Appeal in Harris – a case which raised important equality issues about the operation of the ‘drop out’ provisions in the Canadian Pension Plan. The case is interesting both for the issue itself but also because it is one of the first judgments to consider the impact of the Supreme Court’s restatement in Kapp of its approach to s. 15. However, the court of appeal was split with all three judges giving a different analysis of the issues (albeit that the claim was rejected on a split decision). Part …