Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Gender (28)
- Family Law (11)
- Law and Society (9)
- Civil Rights and Discrimination (8)
- Labor and Employment Law (8)
-
- Sexuality and the Law (8)
- Social and Behavioral Sciences (8)
- Arts and Humanities (7)
- Human Rights Law (6)
- Sociology (6)
- Comparative and Foreign Law (4)
- Criminal Law (4)
- Feminist, Gender, and Sexuality Studies (4)
- Health Law and Policy (4)
- Constitutional Law (3)
- Dispute Resolution and Arbitration (3)
- Gender and Sexuality (3)
- Legal History (3)
- Political Science (3)
- Public Affairs, Public Policy and Public Administration (3)
- Science and Technology Law (3)
- Social Welfare Law (3)
- State and Local Government Law (3)
- Women's Studies (3)
- Civil Law (2)
- Contracts (2)
- Courts (2)
- European Law (2)
- History (2)
- Institution
-
- Selected Works (8)
- University of Michigan Law School (5)
- University of Baltimore Law (4)
- DePaul University (3)
- Maurer School of Law: Indiana University (3)
-
- University of Wollongong (3)
- Chicago-Kent College of Law (2)
- Roger Williams University (2)
- Seattle University School of Law (2)
- SelectedWorks (2)
- Union College (2)
- University of Richmond (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Brigham Young University (1)
- California Western School of Law (1)
- New York Law School (1)
- St. John's University School of Law (1)
- Syracuse University (1)
- The Peter A. Allard School of Law (1)
- UIdaho Law (1)
- University of Miami Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of Rhode Island (1)
- Virginia Commonwealth University (1)
- Western New England University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- All Faculty Scholarship (4)
- Articles (4)
- DePaul Journal of Women, Gender and the Law (3)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (3)
- University of Baltimore Law Review (3)
-
- Faculty Scholarship (2)
- Hezi Margalit (2)
- Honors Theses (2)
- Indiana Journal of Law and Social Equality (2)
- Seattle University Law Review (2)
- University of Michigan Journal of Law Reform (2)
- University of Richmond Law Review (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- Aaron A. Dhir (1)
- All Faculty Publications (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Auctus: The Journal of Undergraduate Research and Creative Scholarship (1)
- Catherine R. Albiston (1)
- Felice J Batlan (1)
- Herma Hill Kay (1)
- Indiana Journal of Constitutional Design (1)
- Institute for Veterans and Military Families (1)
- Jill Engle (1)
- Journal of Civil Rights and Economic Development (1)
- Journal of Feminist Scholarship (1)
- Laura Moyer (1)
- Law School Blogs (1)
- Life of the Law School (1993- ) (1)
- Margaret F Brinig (1)
- Publication Type
Articles 1 - 30 of 54
Full-Text Articles in Law
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter
University of Richmond Law Review
This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii
University of Richmond Law Review
Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.
In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …
Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig
Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Laura Moyer
This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman
Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman
Law School Blogs
No abstract provided.
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon
Indiana Journal of Constitutional Design
No abstract provided.
What Is Legal Education? And Should We Permit It To Continue In Its Present Form?, Herma Hill Kay
What Is Legal Education? And Should We Permit It To Continue In Its Present Form?, Herma Hill Kay
Herma Hill Kay
No abstract provided.
Welfare Queens And Other Fairy Tales: Welfare Reform And Unconstitutional Reproductive Controls, C. R. Albiston, L. B. Nielsen
Welfare Queens And Other Fairy Tales: Welfare Reform And Unconstitutional Reproductive Controls, C. R. Albiston, L. B. Nielsen
Catherine R. Albiston
Examines stereotypes of Black women and argues that provisions of current bills that would restrict the reproductive freedom of women on welfare are particularly aimed at them; US. Provisions include mandating of acceptance of the implanted birth control device, Norplant, and denial of increased benefits for any additional children born.
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Aaron A. Dhir
My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …
Women Who Kill Women, Rashmi Goel
Women Who Kill Women, Rashmi Goel
William & Mary Journal of Race, Gender, and Social Justice
This Article examines more closely the participation of mothers-in-law in India’s dowry murders to gain a better understanding of these dynamics and to expose the limits of existing reforms. I first turn to the participation of women in dowry death cases and the ways in which their participation challenges our conventional understanding of patriarchy and societal manifestation. In Part II, I provide an overview of dowry deaths in India. In Part III, I survey the different criminal provisions related to dowry deaths and demonstrate how these laws actually operate within a set of cultural practices that support female subjugation. Part …
Doug Kahn - A Personal Appreciation, Patricia D. White
Doug Kahn - A Personal Appreciation, Patricia D. White
Michigan Business & Entrepreneurial Law Review
Doug Kahn has a booming laugh and an infectious enthusiasm for his subject. I am one of the legions of students who were infected by the tax bug—thanks to Doug. It is appropriate that, on the occasion of his retirement, some of us who were most infected reflect on Doug’s influence in our lives. In my case this is easy. I owe the basic contours of my career to Doug. I graduated from Michigan Law in 1974. Times were different then. I graduated never having had a female instructor. There were no women on the faculty. Only thirteen percent of …
An Interdisciplinary Approach To Domestic Violence In The Legal System: The Importance Of Victim Advocates, Joanna Chalifoux
An Interdisciplinary Approach To Domestic Violence In The Legal System: The Importance Of Victim Advocates, Joanna Chalifoux
Honors Theses
Domestic violence is an aspect of the legal system where there typically is a lack of communication among the institutions involved. Therefore, the benefit of an interdisciplinary approach to domestic violence in the legal system is assessed by emphasizing the importance of the presence of victim advocates in the courtroom. In this dissertation, the issue will be evaluated through a feminist point of view— with the belief that domestic violence is a gendered phenomenon in which the majority of the perpetrators are male and the victims are female. In order to research this, several judges, lawyers, and victim advocates who …
Divorce Devastates: Do State Divorce Laws Have An Effect On Women's Economic Well-Being?, Ann Cantwell
Divorce Devastates: Do State Divorce Laws Have An Effect On Women's Economic Well-Being?, Ann Cantwell
Honors Theses
Divorce devastates a family, and with over 40% of first marriages ending in divorce in the United States, it is important to analyze the effect divorce has on each member of the family. This paper aims specifically at the economic effect of divorce on women, and furthermore, if the implementation of a no-fault divorce clause in state law has negatively impacted women’s wellbeing. Women’s well-being is determined by annual income divided by annual need. The study looks at three different state divorce laws surrounding fault—fault-based, no-fault as the only option, and no-fault as grounds for divorce—as well as variance due …
Postscript To Hobby Lobby: Prescription For Accommodation Or Overdose?, Paula Walter
Postscript To Hobby Lobby: Prescription For Accommodation Or Overdose?, Paula Walter
DePaul Journal of Women, Gender and the Law
This article contends that, consequent to the Court’s ruling in Hobby Lobby, the efforts of the challengers to use the judiciary to derail the legislatively enacted contraceptive mandate provisions of the ACA have been successful, and suggests alternatives for dealing with the flood of anticipated accommodation claims.
You Can't Remain Neutral On A Moving Train – Marriage Equality In The States & Ireland: Thoughts On Freedom To Marry, Religious Heteronormativity, And Conceptions Of Equality, Kris Mcdaniel-Miccio
You Can't Remain Neutral On A Moving Train – Marriage Equality In The States & Ireland: Thoughts On Freedom To Marry, Religious Heteronormativity, And Conceptions Of Equality, Kris Mcdaniel-Miccio
DePaul Journal of Women, Gender and the Law
This title, in part, was one of the famous phrases uttered by the brilliant historian Howard Zinn, a wonderful image that applies to advocating social justice. In the United States, the train referenced by Zinn was the Freedom Train, whether it be toward gender, racial or ethnic parity. Now it is the Freedom to Marry Train and it has not only left the station, it is moving at break- neck speed and almost unstoppable. This Train built with the blood, sweat and tears of the LGBTI community, forged by fire and situated on a justified track. There is no difference …
Legislating On Violence Against Women: A Critical Analysis Of Nigeria's Recent Violence Against Persons (Prohibition) Act, 2015, Cheluchi Onyemelukwe
Legislating On Violence Against Women: A Critical Analysis Of Nigeria's Recent Violence Against Persons (Prohibition) Act, 2015, Cheluchi Onyemelukwe
DePaul Journal of Women, Gender and the Law
In many African countries, as in other countries around the world, women suffer violence on the basis of their gender. Unfortunately, many countries lack legislation that provide effective protections against gender-based violence. Evidence from Nigeria, including the passage of new legislation at federal and state levels, suggests some progress. How effective such laws will be is yet to be seen. This paper begins the process of investigating the potential for the effectiveness of these new laws by conducting an in-depth analysis of Nigeria’s recently enacted Violence Against Persons (Prohibition) Act, 2015. This examines the relevance of the Act and its …
Newsroom: Defending The Defenseless, 5-26-2016, Roger Williams University School Of Law
Newsroom: Defending The Defenseless, 5-26-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
Seattle University Law Review
In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson’s categorical exclusion is …
An Overture To Equality: Preventing Subconscious Sex And Gender Biases From Influencing Hiring Decisions, Christy Krawietz
An Overture To Equality: Preventing Subconscious Sex And Gender Biases From Influencing Hiring Decisions, Christy Krawietz
Seattle University Law Review
In many industries, women are less likely than men to be hired, and research suggests that this is due to subconscious gender bias rather than meritorious difference. To combat this bias, some orchestras use gender-blind auditions to hire their musicians. Orchestral hopefuls sit behind a screen to play their pieces, and directors listen to determine whom they want to hire. Some orchestras require applicants to remove their shoes before walking onstage, as even the perceived sound of high heels can affect a director’s decision. Before instituting gender-blind auditions, the top five American orchestras had fewer than five percent women players. …
Research Brief: "Military Sexual Trauma Among Recent Veterans: Correlates Of Sexual Assault And Sexual Harassment", Institute For Veterans And Military Families At Syracuse University
Research Brief: "Military Sexual Trauma Among Recent Veterans: Correlates Of Sexual Assault And Sexual Harassment", Institute For Veterans And Military Families At Syracuse University
Institute for Veterans and Military Families
This study examines the population prevalence of military sexual trauma among OEF/OIF-era veterans. It found that almost 41% of women and 4% of men reported a military sexual trauma, indicating a high prevalence of OEF/OIF-era veterans who have experienced an MST. In practice, servicemembers and veterans who have experienced a military sexual trauma (MST) should seek medical help, such as counseling. In policy, the Department of Defense (DoD) might continue its efforts to reduce negative repercussions often associated with reporting sexual assault or sexual harassment. Suggestions for future research include having more data on the prevalence of MST in the …
Ballin In The Boardroom: Changing The Social Context Of Sexual Harassment, Todd J. Clark
Ballin In The Boardroom: Changing The Social Context Of Sexual Harassment, Todd J. Clark
Journal of Civil Rights and Economic Development
No abstract provided.
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse., Andrew J. Weisberg, Frank E. Vandervort
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse., Andrew J. Weisberg, Frank E. Vandervort
Articles
Substance abuse is a significant social problem in America. It is estimated that some eighteen million Americans have an alcohol abuse problem and that almost five million have a drug abuse problem. According to the National Institute on Drug Abuse, substance abuse costs some $700 billion per year Substance abuse is a major contributor to child maltreatment. It is estimated that between one- and two-thirds of cases in which children enter foster care are linked to parental substance abuse. Unfortunately, this may be an underestimate as recent research suggests that many cases, particularly cases in which children have been exposed …
Doing Our Part: Acknowledging And Addressing Women’S Contributions To Isis, Elizabeth Buner
Doing Our Part: Acknowledging And Addressing Women’S Contributions To Isis, Elizabeth Buner
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle
Jill Engle
American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …
Portlandia, Ridesharing, And Sex Discrimination, Ari Herbert
Portlandia, Ridesharing, And Sex Discrimination, Ari Herbert
Michigan Law Review Online
This Essay discusses and assesses the legal hurdles that See Jane Go and SafeHer may face. Part I of this Essay explains how the plain text of Title VII and the pertinent Equal Employment Opportunity Commission (EEOC) guideline can fairly be read either to allow or condemn See Jane Go and SafeHer’s hiring practices. Part II then highlights precedent that supports See Jane Go’s and SafeHer’s discriminatory driver–passenger practices. Part III concludes by arguing that the legal system ought to make room for apps like See Jane Go and SafeHer in the current framework.
Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, Anita Ortiz Maddali
Left Behind: The Dying Principle Of Family Reunification Under Immigration Law, Anita Ortiz Maddali
University of Michigan Journal of Law Reform
A key underpinning of modern U.S. immigration law is family reunification, but in practice it can privilege certain families and certain members within families. Drawing on legislative history, this Article examines the origins and objectives of the principle of family reunification in immigration law and relies on legal scholarship and sociological and anthropological research to reveal how contemporary immigration law and policy has diluted the principle for many families—particularly those who do not fit the dominant nuclear family model, those classified as unskilled, and families from oversubscribed countries—and members within families. It explores the ways in which women and children, …
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
Indiana Journal of Law and Social Equality
No abstract provided.
Hormone Check: Critique Of Olympic Rules On Sex And Gender, Erin E. Buzuvis
Hormone Check: Critique Of Olympic Rules On Sex And Gender, Erin E. Buzuvis
Faculty Scholarship
Most sports, including all Olympic sports, are divided into two categories: men's and women's. This Article first presents a history of gender testing in Olympic and international sports to illustrate why past attempts to define eligibility for women's sports have proven unfair to women with intersex conditions. It then describes the shortcomings of the International Olympic Committee’s (IOC) first effort to articulate standards of eligibility for transgender athletes. In its second Part, this Article explains the more recent efforts of the IOC and the International Association of Athletics Federations (IAAF) to define eligibility for women's sports solely on the basis …
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
All Faculty Scholarship
No abstract provided.