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2006

Law and Gender

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Full-Text Articles in Law

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Nov 2006

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

Boston College Law School Faculty Papers

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider ...


Harassing Women With Power: The Case For Including Contra-Power Harassment Within Title Vii, Ann C. Juliano Oct 2006

Harassing Women With Power: The Case For Including Contra-Power Harassment Within Title Vii, Ann C. Juliano

Working Paper Series

After overcoming the obstacles to advancement, women who reach managerial positions are still subject to harassment. At times, this harassment comes from subordinates. The incidence of those employees with “lesser” power harassing those with more power presents a dilemma for traditional thinking on sexual harassment and for the developing judicial doctrine of sexual harassment. It is well-established that Title VII protects employees from discrimination because of sex. Yet, it is unclear whether the statute reaches as far as contra-power harassment.

Traditionally, sexual harassment was considered an abuse of power in the workplace. If this is true, how can female supervisors ...


Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum Aug 2006

Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum

Pace Law Faculty Publications

This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose ...


Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard Jun 2006

Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard

Office for Policy Studies on Violence Against Women Publications

Using a sample of 1,010 women from a southeastern state university, we explore whether associations between fear of sexual assault and other crime-specific fears vary based on presumed victim-offender relationship. More specifically, we assess the extent to which fear of stranger- and acquaintance-perpetrated sexual assaults differ in the extent to which they are correlated with fear of other crime victimizations. Multivariate logistic regression analysis revealed that both fear of stranger-perpetrated sexual assault and fear of acquaintance- perpetrated sexual assault were positively associated with nearly all other crimespecific fears under examination. However, associations were particularly strong between fear of sexual ...


Adverse Impact Of A History Of Violence For Women With Breast, Cervical, Endometrial, Or Overian Cancer, Susan C. Modesitt, Alisa C. Gambrell, Hope M. Cottrill, Lon R. Hays, Robert J. Walker, Brent J. Shelton, Carol E. Jordan, James E. Ferguson Jun 2006

Adverse Impact Of A History Of Violence For Women With Breast, Cervical, Endometrial, Or Overian Cancer, Susan C. Modesitt, Alisa C. Gambrell, Hope M. Cottrill, Lon R. Hays, Robert J. Walker, Brent J. Shelton, Carol E. Jordan, James E. Ferguson

Office for Policy Studies on Violence Against Women Publications

The experience of physical and sexual violence (victimization) is common among U.S. women and is associated with adverse health consequences. The study objectives were to estimate the prevalence of victimization in women with cancer and to examine associations with demographics, cancer screening, and cancer stage.

METHODS:

From 2004 to 2005, 101 women with breast, cervical, endometrial, or ovarian cancer were interviewed to collect demographics, cancer screening history, health care access/use, and violence history. Chisquare and Fisher exact tests were used test risk-factor associations. A multinomial logistic regression model was used for multivariable analysis.

RESULTS:

The prevalence of a ...


Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges Apr 2006

Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges

Law Faculty Publications

This article will discuss the role that unions do play and the role that they can play in eliminating workplace harassment. First, the article will discuss the problem of harassment in the workplace, documenting its frequency and analyzing its forms. Section II will include an examination of harassment in the unionized workplace. Section III will propose a number of reasons that unions should take the lead in addressing workplace harassment, some focused on workers' rights and others on union selfinterest. Finally, in Section IV, the article will recommend several approaches for unions that desire to be in the vanguard of ...


Women And Microfinance: Why We Should Do More, Elissa Mccarter Apr 2006

Women And Microfinance: Why We Should Do More, Elissa Mccarter

Women, Leadership & Equality

No abstract provided.


The Focus Factor, B. Glenn George Apr 2006

The Focus Factor, B. Glenn George

Faculty Publications

No abstract provided.


You’Re So Vain, I’Ll Bet You Think This Song Is About You, Joseph W. Dellapenna Apr 2006

You’Re So Vain, I’Ll Bet You Think This Song Is About You, Joseph W. Dellapenna

Working Paper Series

Dispelling the Myths of Abortion History covers over 1,000 years of abortion history in England and America, with special emphasis on the nineteenth and twentieth centuries. It presents an accurate and thoroughly fresh look at that history, reaching several unorthodox conclusions without taking sides on the merits of the abortion debate. The true history of abortion in England and America is important because Justice Harry Blackmun, drawing on the work of law professor Cyril Means, structured the argument of the majority in Roe v. Wade around the history of abortion laws. Means’ argument was later buttressed by the work ...


This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig Mar 2006

This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig

Faculty Scholarship

On April 1, 2005, the U.C. Davis Law Review hosted in its annual symposium an extremely distinguished group of scholars, who addressed central theories of Critical Race Feminism (“CRF”) in a daylong series of inspiring, thought-provoking, cutting-edge, and captivating presentations. The panelists at the symposium — in front of a packed room of students, professors, and local residents — delved into issues as diverse as the unique role of immigrant women in community economic development, societal failure to deal with domestic violence from a multidimensional perspective, the proposal of a contractual good faith claim based on Professors Devon Carbado and Mitu ...


Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs Mar 2006

Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs

UF Law Faculty Publications

Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart ...


The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr Feb 2006

The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr

Publications

This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these ...


Protecting Children By Preserving Parenthood, Jane C. Murphy Feb 2006

Protecting Children By Preserving Parenthood, Jane C. Murphy

All Faculty Scholarship

Establishing legal parentage, once a relatively straightforward matter of marriage and biology, has become increasingly complex. The determination of legal status as mother may now involve several women making claims based on genetic contribution, contract, status as gestational carrier or other bases. The debate about the best choice for children when adults are competing for parental status is ongoing, lively and filled with many voices. Less attention has been paid to a much larger, second category of cases - cases in which the law is faced with resolving the legal status of the one adult who may be available to serve ...


What's Sex Got To Do With It? Tax And The 'Family' In Canada, Claire F.L. Young Jan 2006

What's Sex Got To Do With It? Tax And The 'Family' In Canada, Claire F.L. Young

Faculty Publications (Emeriti)

This article considers the tax treatment of spouses and common law partners. It questions whether tax expenditures that take spousal or common law status into account can be justified or whether some or all of them should be eliminated. The article traces the expansion in Canada of the definition of common law partners for tax purposes because it resulted in a tax windfall for the government and was key tool in implementing a neo-liberal privatization agenda. The article concludes that many of the tax rules that take spousal or common law status into account should be repealed. Some rules are ...


Losing The Feminist Voice? Debates On The Legal Recognition Of Same Sex Partnerships In Canada, Susan B. Boyd, Claire F.L. Young Jan 2006

Losing The Feminist Voice? Debates On The Legal Recognition Of Same Sex Partnerships In Canada, Susan B. Boyd, Claire F.L. Young

Faculty Publications (Emeriti)

Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the ways in which resistance to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques ...


Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez Jan 2006

Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez

Faculty Scholarship

At a symposium sponsored by the Women’s Rights Law Reporter, Professor Tanya Hernandez introduces the keynote speaker, Professor Joan Williams, a law professor at the American Law School, Washington College of Law in Washington,D.C. where she teaches Property, Women's Legal History, Feminist Jurist Prudence, and a Jurist Prudence seminar. The topic of the symposium is Work/Life Conflict in the Legal Profession.


Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey Jan 2006

Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey

Articles

The worst problems with the fetal homicide laws that have proliferated around the nation are quite different than the existing scholarship suggests. Critics often argue that the statutes, which criminalize the killing of a fetus by a third party other than an abortion provider, undermine a woman's right to terminate her pregnancy. This concern is overstated. Although supported by anti-abortionists, many of the fetal homicide laws embody the perspective of the so-called "abortion grays," who eschew the absolutism of the doctrinaire pro-choice and anti-abortion camps. This Article explores how a contextual view of life-taking allows us to reconcile legal ...


Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble Jan 2006

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

School for New Learning Faculty Publications

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source de l'inégalité ...


Gender And Constitutional Design, Paula A. Monopoli Jan 2006

Gender And Constitutional Design, Paula A. Monopoli

Faculty Scholarship

Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines ...


Spring 2006, Issue No.2 Jan 2006

Spring 2006, Issue No.2

ADVANCE Library Collection

No abstract provided.


No Toronto Nups For Irish, Arthur S. Leonard Jan 2006

No Toronto Nups For Irish, Arthur S. Leonard

Other Publications

No abstract provided.


The Need For A Reduced Workweek In The United States, Vicki Schultz, Allison K. Hoffman Jan 2006

The Need For A Reduced Workweek In The United States, Vicki Schultz, Allison K. Hoffman

Faculty Scholarship at Penn Law

This paper argues that a reduced workweek offers a way to alleviate work-family conflict without exacerbating the sex-based division of labor in paid work and unpaid family work. We distinguish our position from two other approaches: (1) one that compensates unpaid family work directly (through such policies as traditional welfare provision, or alimony), policies we argue can discourage women from labor force attachment and contribute to sex-stereotyping and sex-segregated employment; and (2) an approach that spurs employers to accommodate workers' family responsibilities (through such policies as part-time work for parents), policies workers often avoid out of a well founded fear ...


Alaska Dp Benefits Must Begin, Arthur S. Leonard Jan 2006

Alaska Dp Benefits Must Begin, Arthur S. Leonard

Other Publications

No abstract provided.


A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro Jan 2006

A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro

Faculty Scholarship

Recent years have seen a proliferation of alternative reproductive technologies and the ready availability of reliable DNA testing. These developments have lead to enormous uncertainty concerning the meaning of a genetic tie between adult and child. On the one hand, reproductive technology has lead to a robust market where genetic material is readily bought and sold. This suggests it is not the root of parental status. On the other hand, DNA testing has allowed men to contest paternity of children, asserting that they are not genetically related to them. And their challenges have often been successful. Genetic linkage is particularly ...


Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld Jan 2006

Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld

Law Publications

No abstract provided.


Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman Jan 2006

Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman

Scholarly Works

No abstract provided.


Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz Jan 2006

Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz

Faculty Scholarship at Penn Law

No abstract provided.


Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan Jan 2006

Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan

Faculty Scholarship

No abstract provided.


At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnard Jan 2006

At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnard

Faculty Publications

No abstract provided.


Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu Jan 2006

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Aparna Polavarapu

Faculty Publications

No abstract provided.