Law Commons^™

Getting Our Stories Straight: Narrative Autonomy And Feminist Commitments, Milton C. Regan Jr.

Indiana Law Journal

Symposium: Law and Civil Society

Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin

Indiana Journal of Global Legal Studies

No abstract provided.

Justifying The Unjustifiable: Rite V. Wrong, Abbie J. Chessler

Buffalo Law Review

No abstract provided.

An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer

Dalhousie Law Journal

Using statistical data covering a ten year period, this study examines the issue of gender representation in admissions to first year law study at common law schools in Canada. After addressing three identifiable steps in the admission process-applications, offers and registration-the author concludes that while there has been progress and the gap has narrowed, the problem of gender inequality persists.

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …

Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer

Faculty Publications

No abstract provided.

Without Narrative: Child Sexual Abuse, Lynne Henderson

Scholarly Works

No abstract provided.

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …

Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray

Campbell Law Review

No abstract provided.

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek

Michigan Journal of Gender & Law

This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs

Nancy Levit

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

Katharine K. Baker

No abstract provided.

Women And Hiv: The Barriers To Protection, J. P. Howlett

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Tolling The Statute Of Limitations For Survivors Of Domestic Violence Who Wish To Recover Civil Damages Against Their Abusers, Lisa Napoli

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Case Of The Battered Wife: Susan Glaspell's "Trifles" And "A Jury Of Her Peers", Lillian Schanfield

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Working For Women's Employment Rights In Poland, Kristin Long

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …

Transcript For Centennial Panel Two Decades Of Intermediate Scrutiny: Evaluating Equal Protection For Women, Journal Of Gender, Social Policy & The Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Unexpected Connections: Considering Employees' Personal Lives Can Revitalize Your Business, Lotte Bailyn, Joyce K. Fletcher, Doborah Kolb

ADVANCE Library Collection

Efforts to integrate work and personal life affect people at all organizational levels. Traditional approaches seem to exacerbate the problem by pitting employee and business goals against each other. The authors' approach to integration is based on linking personal lives and work in an opportunity to innovate and change. In a research project, Bailyn et al. worked with a company known for leading-edge employee benefits to find out why employees were not fully using those benefits. At each site, they collaborated to help employees better integrate work with personal lives and help the site meet its business goals. They helped …