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Law and Gender

2008

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Articles 1 - 30 of 88

Full-Text Articles in Law

A Higher Hurdle: Barriers To Employment For Formerly Incarcerated Women, Marci Seville Dec 2008

A Higher Hurdle: Barriers To Employment For Formerly Incarcerated Women, Marci Seville

Women’s Employment Rights Clinic

This report finds that a criminal record tends to serve as a barrier to employment for women. These realities can potentially impact their ability to successfully reenter their home communities, reunite with and care for their children, and act as viable participants in society. A criminal record adds an additional hurdle to employment for women and increases their vulnerability to discrimination. Research from this study may impact legislation and policies addressing education and professional training, processes to seal and expunge records, employment disparities, employer discrimination, and increased use of unnecessary or inappropriate background screening techniques.


The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol Oct 2008

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations ...


Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider Oct 2008

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd Aug 2008

Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd

Cornell Law Faculty Working Papers

Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are ...


“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot May 2008

“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot

Working Paper Series

The story of Alice Paul’s National Woman’s Party and its 1917 picketing campaign onbehalf of woman suffrage is almost unknown in legal circles. Yet the suffrage pickets were among the earliest victims of the suppression of dissent that accompanied the entry of the United States into World War I. Nearly forty years before the modern civil rights movement brought the concept of nonviolent civil disobedience to the forefront of American political discourse, the NWP conducted a direct action campaign at the very doorstep of the President of the United States, and they did so during a time of ...


A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots Apr 2008

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.


The Poetry Of Genetics: On The Pitfalls Of Popularizing Science, Anita L. Allen Apr 2008

The Poetry Of Genetics: On The Pitfalls Of Popularizing Science, Anita L. Allen

Faculty Scholarship at Penn Law

The role genetic inheritance plays in the way human beings look and behave is a question about the biology of human sexual reproduction, one that scientists connected with the Human Genome Project dashed to answer before the close of the 20th century. This is also a question about politics, and, it turns out poetry, because, as the example of Lucretius shows, poetry is an ancient tool for the popularization of science. "Popularization" is a good word for successful efforts to communicate elite science to non-scientists in non-technical languages and media. According to prominent sociobiologist E.O. Wilson, "sexual dominance is ...


The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy Mar 2008

The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy

All Faculty Scholarship

Reporting on recent research at Chicago-Kent Law School and supported by studies at other schools, a group of student panelists noted sharp differences in participation rates in class discussions and lower feelings of self-confidence among female students compared with their male counterparts.


Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi Mar 2008

Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

Women human rights defenders need to work closely with feminist human rights defenders; both groups must empower each other and promote gender-sensitization of other members of the rights movements against militarization.

Despite the fact that women’s human rights defenders in the women’s movements have brought about some positive legal changes for women’s human rights, there are political, economic and social patriarchal contexts, especially through militarization, that obstruct ideal legislation and enforcement to cover all areas which have been identified in international instruments, especially the Convention on the Elimination of All Discrimination against Women and the Declaration on ...


The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman Mar 2008

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Pace Law Faculty Publications

No abstract provided.


Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian Mar 2008

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.


Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler Jan 2008

Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler

Scholarly Publications

No abstract provided.


Note, Eugenic Feminism: Mental Hygiene, The Women's Movement, And The Campaign For Eugenic Legal Reform, 1900-1935, Mary Ziegler Jan 2008

Note, Eugenic Feminism: Mental Hygiene, The Women's Movement, And The Campaign For Eugenic Legal Reform, 1900-1935, Mary Ziegler

Scholarly Publications

It is well for every woman, however, to think this matter through and to realize that any women’s movement that is correlated with sterility is doomed to fail and annihilation. What shall it profit us eugenically to have women delve in laboratories, or search the heavens, or rule the nations, if the world is to be peopled by scrubwomen and peasants? – Anna M. Blount, Eugenics, in Woman and the Larger Citizenship, 2847, 2904-05 (Shailer Mathews ed., 1913).

Part I of this article examines the evolution of eugenic thought and policy in the United States between 1880 and 1935, and ...


Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill Jan 2008

Rhetorical Atavism And The Narrative Of Progress In The Debate Over Marriage Equality, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow Jan 2008

Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow

Law Faculty Scholarship

[Excerpt] “My overarching reaction to Janet Halley's recent book, Split Decisions: How and Why to Take a Break from Feminism, can be summarized with a one sentence cliché: The perfect is the enemy of the good.' She holds feminism to a standard of perfection no human endeavor could possibly meet, and then heartily criticizes it for falling short. Though Halley's myriad observations about feminism occasionally resonated with my own views and experiences, ultimately I remain unconvinced that taking a break from feminism would, for me, be either justified or productive. But I did (mostly) enjoy reading it. Halley ...


Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait Jan 2008

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 ...


Lifting The Veil: Women And Islamic Law, Christie S. Warren Jan 2008

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Faculty Publications

No abstract provided.


When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark Jan 2008

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble Jan 2008

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.


The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo Jan 2008

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.


The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan Jan 2008

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Bare Justice: A Feminist Theory Of Justice And Its Application To Post-Genocide Rwanda, Megan M. Carpenter Jan 2008

Bare Justice: A Feminist Theory Of Justice And Its Application To Post-Genocide Rwanda, Megan M. Carpenter

Law Faculty Scholarship

Within this Article I seek to develop a feminist legal theory of justice, by questioning the ability of traditional legal strategies to facilitate justice and identifying underlying principles that contribute to a more inclusive and holistic form of justice. Secondly, I apply this theory to the situation of women victims of sexual violence in post-genocide Rwanda, in an effort to explore how these principles can contribute to a realization of justice that empowers women.

In Part II of this Article, I seek to develop a set of principles underlying a feminist reconceptualization of justice. This endeavour is a three-step process ...


The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard Jan 2008

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights ...


Sex And Globalization, Berta E. Hernández-Truyol Jan 2008

Sex And Globalization, Berta E. Hernández-Truyol

UF Law Faculty Publications

For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields -- certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and seek ...


Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski Jan 2008

Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski

Articles

This article suggests that a critical reexamination of the Fourth Amendment and its jurisprudence through feminist lenses can shed new light and add to our understanding of it. These insights, in turn, can and should generate a positive feminist Fourth Amendment jurisprudence—a distinctive feminist voice to be integrated systematically into the law of search and seizure, leading to a transformation of the Fourth Amendment itself. Applying feminist theories to particular issues and normative layers of current Fourth Amendment jurisprudence may help guide us through the more difficult task of imagining a feminist jurisprudence of search and seizure law.


Negotiating Divorce: Gender And The Behavioral Economics Of Divorce Bargaining, Tess Wilkinson-Ryan, Deborah Small Jan 2008

Negotiating Divorce: Gender And The Behavioral Economics Of Divorce Bargaining, Tess Wilkinson-Ryan, Deborah Small

Faculty Scholarship at Penn Law

No abstract provided.


The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon Jan 2008

The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon

Rhetoric and Communication Studies Faculty Publications

Many slaveholders attempted to justify the institution of slavery in the United States by claiming that the practice of slavery was actually in the interests of the slaves themselves. Not only are these arguments invalid because they justify inhumane treatment and the imprisonment of innocent human beings, they also contain a dangerous paternalism (a “speaking for”) that has not vacated the social sphere. Indeed, this same logic—the notion that bodies can be regulated and controlled for their own protection—is presently being used to speak for the fetus in order to justify fetal rights. Borrowing from Berlant (1997), these ...


Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr Jan 2008

Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr

Faculty Articles and Papers

This paper demonstrates that the American rules for impeaching witnesses developed against a cultural background that equated a woman's honor, and thus her credibility, with her sexual virtue. The idea that a woman's chastity informs her credibility did not originate in rape trials and the confusing interplay between questions of consent and sexual history. Rather, gendered notions of honor so permeated American legal culture that attorneys routinely attempted to impeach female witnesses by invoking their sexual histories in cases involving such diverse claims as title to land, assault, arson, and wrongful death. But while many courts initially accepted ...


The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto Jan 2008

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Feminist Scholarship

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for ...


The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams Jan 2008

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams

Faculty Articles and Other Publications

This article examines how race and educational equity issues shape women's sports experiences.