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Articles 1 - 19 of 19

Full-Text Articles in Law

On Same-Sex Marriage And Matters Of Conscience, Mark Strasser Nov 2010

On Same-Sex Marriage And Matters Of Conscience, Mark Strasser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath Nov 2010

A Case Study In Achieving The Purpose Of Incapacitation-Based Statutes: The Bail Reform Act Of 1984 And Possession Of Child Pornography, J. Elizabeth Mcbath

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Protecting Economic Stability: The Washington Supreme Court Breathes New Life In The Public-Policy Exception To At-Will Employment For Domestic Violence Victims, Margaret C. Hobday Nov 2010

Protecting Economic Stability: The Washington Supreme Court Breathes New Life In The Public-Policy Exception To At-Will Employment For Domestic Violence Victims, Margaret C. Hobday

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Octomom And Multi-Fetal Pregnancies: Why Federal Legislation Should Require Insurers To Cover In Vitro Fertilization, Camille M. Davidson Nov 2010

Octomom And Multi-Fetal Pregnancies: Why Federal Legislation Should Require Insurers To Cover In Vitro Fertilization, Camille M. Davidson

William & Mary Journal of Race, Gender, and Social Justice

On January 26, 2009, Nadya Suleman, dubbed Octomom by the media, delivered octuplets after using in vitro fertilization. The same day, Congressman Anthony Weiner of New York introduced the Family Building Act of 2009 in the United States House of Representatives—a federal mandate requiring insurers to provide coverage for in vitro fertilization. The octuplets are no longer headline news, but issues associated with in vitro fertilization are still newsworthy. In this paper I propose that Congress should take a serious look at the Family Building Act of 2009. After addressing some additional issues, Congress should pass legislation mandating that ...


A Spouse By Any Other Name, Deborah J. Anthony Nov 2010

A Spouse By Any Other Name, Deborah J. Anthony

William & Mary Journal of Race, Gender, and Social Justice

This article will investigate current state laws regarding the change of a husband’s name to his wife’s upon marriage. Given that tradition, and often law itself, discourage that practice, the lingering gendered norms that perpetuate the historical tradition will be explored. Components of this article will include a brief historical analysis of the origin of surnames and the law as it has developed on that issue, including an examination of the place of tradition in the law both empirically and normatively. A discussion of the psychological importance of names in the identities of men versus women will be ...


Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, Antonia Elise Miller Nov 2010

Inherent (Gender) Unreasonableness Of The Concept Of Reasonableness In The Context Of Manslaughter Committed In The Heat Of Passion, Antonia Elise Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver Apr 2010

The Texas Mis-Step: Why The Largest Child Removal In Modern U.S. History Failed, Jessica Dixon Weaver

William & Mary Journal of Race, Gender, and Social Justice

This Article sets forth the historical and legal reasons as to how the State of Texas botched the removal of 439 children from the Fundamentalist Church of Jesus Christ of Latter-Day Saints parents residing in Eldorado, Texas. The Department of Family and Protective Services in Texas overreached its authority by treating this case like a class-action removal based on an impermissible legal argument, rather than focusing on the facts and circumstances that could have been substantiated for a select group of children at risk. This impermissible legal argument regarding the “pervasive belief system” of a polygamist sect that allowed minor ...


The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw Apr 2010

The Meaning Of Marriage: Immigration Rules And Their Implications For Same-Sex Spouses In A World Without Doma, Scott C. Titshaw

William & Mary Journal of Race, Gender, and Social Justice

An estimated 35,000 U.S. citizens are living in our country with same-sex foreign partners, but these couples have no right to stay here together on the basis of their relationship. Many of these Americans are faced with a choice between their partners and the country they love. This is true even if the couple is legally married in one of the growing number of U.S. states and foreign countries that recognize same-sex marriage. The Defense of Marriage Act (DOMA), which defines “marriage” for all federal purposes as an exclusively heterosexual institution, stands squarely in their way. Reform ...


Extending The Vision: An Empowerment Identity Approach To Work-Family Regulation As Applied To School Involvement Leave Statuses, Kirsten K. Davis Apr 2010

Extending The Vision: An Empowerment Identity Approach To Work-Family Regulation As Applied To School Involvement Leave Statuses, Kirsten K. Davis

William & Mary Journal of Race, Gender, and Social Justice

Using school involvement leave legislation as the focus for analysis, this article proposes the “empowerment identity” approach to work-family legislation as an alternative or complement to the commonly used accommodation and antidiscrimination approaches. In many households, working parents struggle to meet routine demands of parenting, such as caring for a sick child or attending a child’s school activity. Interestingly, one of the most common forms of state-level legislation designed to address the routine demands of parenting is school involvement leave legislation. Although state school involvement leave statutes vary widely in how and for what reasons they permit time away ...


The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams Apr 2010

The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams

William & Mary Journal of Race, Gender, and Social Justice

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity — a dominant form of masculinity whereby some types of men have power over women and over some other men — can directly cause violence against women and reveals both an underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory and ...


A New Paradigm For Human Trafficking: Shifting The Focus From Prostitution To Exploitation In The Trafficking Victims Protection Act, Rebecca L. Wharton Apr 2010

A New Paradigm For Human Trafficking: Shifting The Focus From Prostitution To Exploitation In The Trafficking Victims Protection Act, Rebecca L. Wharton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


A Permission Slip To Breastfeed: Legislating A Mother's Choice In Pennsylvania, Stephanie Sikora Apr 2010

A Permission Slip To Breastfeed: Legislating A Mother's Choice In Pennsylvania, Stephanie Sikora

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Table Of Contents (Vol. 16, No. 2) Feb 2010

Table Of Contents (Vol. 16, No. 2)

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Privacy And Domestic Violence In Court, Rebecca Green Feb 2010

Privacy And Domestic Violence In Court, Rebecca Green

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy, Caitlin E. Borgmann Feb 2010

Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy, Caitlin E. Borgmann

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Taxation, Pregnancy, And Privacy, Bridget J. Crawford Feb 2010

Taxation, Pregnancy, And Privacy, Bridget J. Crawford

William & Mary Journal of Race, Gender, and Social Justice

This Article frames a discussion of surrogacy within the context of existing income tax laws. A surrogate receives money for carrying and bearing a child. This payment is income by any definition, even if the surrogacy contract recites that it is a “reimbursement.” Cases and rulings on the income tax consequences of the sale of blood and human breast milk, as well as analogies to situations in which people are paid to wear advertising on their bodies, support the conclusion that a surrogate recognizes taxable income, although the Internal Revenue Service has never stated so. For tax purposes, the reproductive ...


Medical Conscience And The Policing Of Parenthood, Richard F. Storrow Feb 2010

Medical Conscience And The Policing Of Parenthood, Richard F. Storrow

William & Mary Journal of Race, Gender, and Social Justice

As state and local anti-discrimination provisions become more and more comprehensive, physicians who refuse to treat patients for reasons of sexual orientation or marital status are beginning to face legal liability. Increasingly, physicians are invoking codes of medical ethics alongside more familiar constitutional law claims in support of their claim to insulation from legal liability. This Article explores what medical ethics has to say about physicians who, for sincerely held religious reasons, refuse to treat patients for reasons of sexual orientation or marital status. The issue is explored through the lens of a case recently decided by the California Supreme ...


The Gender Gap: A Persistent Problem That Congress Has Yet To Address, Leeron Avnery Feb 2010

The Gender Gap: A Persistent Problem That Congress Has Yet To Address, Leeron Avnery

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Know Your Limit: How Legislatures Have Gone Overboard With Per Se Drunk Driving Laws And How Men Pay The Price, Andrew Gore Feb 2010

Know Your Limit: How Legislatures Have Gone Overboard With Per Se Drunk Driving Laws And How Men Pay The Price, Andrew Gore

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.