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Full-Text Articles in Law

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein Sep 2010

Civil Rights Violations = Broken Windows: De Minimis Curet Lex, Anita Bernstein

Faculty Scholarship

No abstract provided.


Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, Marc-Tizoc González Apr 2010

Report & Recommendations Legal Scholar Team, Margaret E. Montoya, Tucker Culbertson, Marc-Tizoc González

Faculty Scholarship

The Report’s Recommendations for next steps reflect and incorporate the multiple experiences, false starts, insights, frustrations and new beginnings that represent the various ways that diversity works within the different sectors of the legal profession. We have included Recommendations that are already being used as well as some that are ambitious and aspirational. Within each of the four sectors of the profession, the recommendations are broadly categorized, but not prioritized. We recognize that every individual or organization will have its own priorities based on its unique circumstances. We do encourage the Report’s users to select and prioritize recommendations ...


Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga Apr 2010

Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga

Faculty Scholarship

This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence.

To date there are no legally binding global human rights instruments that ...


Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer Jan 2010

Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer

Faculty Scholarship

The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not ...


Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens Jan 2010

Pregnant Man?: A Conversation, Darren Rosenblum, Noa Ben-Asher, Mary Anne Case, Elizabeth F. Emens

Faculty Scholarship

This Essay includes a first-person narrative of having a child through surrogacy, responses to that narrative by other law professors and the surrogate, and a concluding response and epilogue by the Author.


A Woman’S Worth, Kimberly D. Krawiec Jan 2010

A Woman’S Worth, Kimberly D. Krawiec

Faculty Scholarship

This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst ...


Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner Jan 2010

Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner

Faculty Scholarship

The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress ...


Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins Jan 2010

Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins

Faculty Scholarship

In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce ...


Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation , Chi Mgbako, Meghna Saxena, Cave Anna, Nasim Farjad Jan 2010

Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation , Chi Mgbako, Meghna Saxena, Cave Anna, Nasim Farjad

Faculty Scholarship

The African grassroots movement to eradicate female genital mutilation (also known as “female genital cutting” and “female circumcision,” hereinafter “FGM”) is widespread. While many African countries and grassroots organizations have made great strides in their efforts to eliminate FGM, Sierra Leone lags behind. In Sierra Leone, FGM is practiced within the bondo secret society, an ancient, all-female commune located in West Africa and also known as the sande. The bondo society’s traditional role was to direct girls’ rites of passage into adulthood. In order to become a member of the bondo, a girl or woman must undergo various rituals ...


Pregnancy, Work, And The Promise Of Equal Citizenship, Joanna L. Grossman Jan 2010

Pregnancy, Work, And The Promise Of Equal Citizenship, Joanna L. Grossman

Faculty Scholarship

No abstract provided.


Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke Jan 2010

Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke

Faculty Scholarship

It is hard to imagine where queer theory would be without Eve Sedgwick. Indeed, I can't imagine where my own thinking would be had it not been informed, enriched, challenged, repulsed, and seduced by Sedgwick's writing. Between Men: English Literature and Male Homosocial Desire and The Epistemology of the Closet, the early work, gave me the tools to think about the fundamental landscapes of my intellectual world in ways that decoupled and reconfigured the binaries of male/ female, heterosexual/homosexual, friend/lover, and public/private. Sedgwick gave us the idea of homosociality and a critique of identity and ...


Seeking Educational Self-Determination: Raza Studies For Revolution, Margaret E. Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, Nadine Bermudez Jan 2010

Seeking Educational Self-Determination: Raza Studies For Revolution, Margaret E. Montoya, Marcos Pizarro, Monica Nanez, Ray Chavez, Nadine Bermudez

Faculty Scholarship

This article is a multi-textured effort to explain the educational, social justice work of MAESTR@S, an innovative, organic group of educational activists fighting to address the needs of Latina/o youth. It is unlike anything we have ever written and probably unlike anything you are likely to read in an academic journal such as Equity & Excellence in Education.We do not have a well-defined result that we are reporting to you. Instead, we see ourselves on a quest, with a deep concern about the current educational choices facing most raza youth and their teachers, and a commitment to try ...


Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg Jan 2010

Shattering The Equal Pay Act's Glass Ceiling, Deborah Thompson Eisenberg

Faculty Scholarship

This Article provides the first empirical and rhetorical analysis of all reported Equal Pay Act (EPA) federal appellate cases since the Act’s passage. This analysis shows that as women climb the occupational ladder, the manner in which many federal courts interpret the EPA imposes a wage glass ceiling, shutting out women in non-standardized jobs from its protection. This barrier is particularly troubling in light of data that shows that the gender wage gap increases for women as they achieve higher levels of professional status. The Article begins by examining data regarding the greater pay gap for women in upper-level ...


From Eugenics To The "New" Genetics: "The Play's The Thing", Karen H. Rothenberg Jan 2010

From Eugenics To The "New" Genetics: "The Play's The Thing", Karen H. Rothenberg

Faculty Scholarship

Genetics occupies a place in the public imagination with which few areas of science can compete. It is popularly understood to be the “science of life,” concerned with the essence of humanity: a subject that generates both awe and fear. These divergent emotions are encapsulated in the “promise versus peril” debate: the promise of an end to human disease is countered by the peril embodied in the discriminatory capacity of genetic essentialism. This debate has become ingrained in popular culture, and its dramatic potential has been effectively realized in theatre.

Plays have always been written and performed as expressions of ...


Mothers, Domestic Violence And Child Protection: An American Legal Perspective, Leigh S. Goodmark Jan 2010

Mothers, Domestic Violence And Child Protection: An American Legal Perspective, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.


Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks Jan 2010

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks

Faculty Scholarship

Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge.

Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its ...


Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman Jan 2010

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Faculty Scholarship

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce ...


Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts Jan 2010

Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts

Faculty Scholarship

No abstract provided.


Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins Jan 2010

Go West Young Woman!: The Mercer Girls And Legal Historiography, Kristin Collins

Faculty Scholarship

This essay is a response to Professor Kerry Abrams’s article The Hidden Dimension of Nineteenth-Century Immigration Law, published in Vanderbilt Law Review. The Hidden Dimension tells the story of Washington Territory’s entrepreneurial Asa Shinn Mercer, who endeavored to bring hundreds of young women from the East Coast to the tiny frontier town of Seattle as prospective brides for white men who had settled there. Abrams locates the story of the Mercer Girls, as they were called, in the history of American immigration law. My response locates The Hidden Dimension in American legal historiography, both that branch of American ...