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Articles 31 - 60 of 141
Full-Text Articles in Law
Biology For Feminists, Katharine K. Baker
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec
The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec
All Faculty Scholarship
At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.
This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox
Faculty Scholarship
No abstract provided.
Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams
Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams
Faculty Scholarship
No abstract provided.
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis
Michigan Journal of International Law
The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …
Inverting The Viability Test For Abortion Law, Bruce Ching
Inverting The Viability Test For Abortion Law, Bruce Ching
Journal Articles
The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.
The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal
The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal
UC Law SF Journal on Gender and Justice
No abstract provided.
The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal
The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal
UC Law SF Journal on Gender and Justice
No abstract provided.
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Office for Policy Studies on Violence Against Women Publications
Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.
A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri
A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri
Michigan Journal of Gender & Law
To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …
An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond
An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond
Michigan Journal of Gender & Law
This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.
On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler
On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler
Michigan Journal of Gender & Law
This narrative is a true story. It raises the same central issue as many of the core stories of race and gender that have haunted us over the last decade: the identification of truthtellers. Theoretical analysis of truth and bias abound. This story, like many of these other stories, nevertheless stands on its own, without the need for iterative analysis.
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Michigan Journal of Gender & Law
This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum
Michigan Journal of Gender & Law
This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer
Nancy J. Knauer
In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit
Nancy Levit
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Faculty Scholarship
In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …
Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan
Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Gender Politics In Global Governance, Berta E. Hernández-Truyol
Gender Politics In Global Governance, Berta E. Hernández-Truyol
UF Law Faculty Publications
Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to the …
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri
Law Faculty Publications
In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …
Foreward, Adrienne D. Davis, Joan C. Williams
Foreward, Adrienne D. Davis, Joan C. Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii.
Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii.
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Women In Law A Review Of Rebels In Law, Voices In History Of Black Women Lawyers, The University Of Michigan Press. (J. Clay Smith Ed. 1998) 1998 & Virginia G. Drachman Sisters In Law, Women Layers In Modern American History, Harvard University Press. 1998, Susan D. Carle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein
UF Law Faculty Publications
This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman
American University Journal of Gender, Social Policy & the Law
No abstract provided.