Law Commons^™

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

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …

Men, Women, And Optimal Violence, Mary Anne Franks

Articles

While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of today’s …

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known …

Just Jobs, Anita Bernstein

University of Baltimore Law Review

Activists who pursue gender justice in the United States have always focused on work, both the paid and unpaid kind. In her magisterial Sex Equality, Catharine MacKinnon chose "Work" as her first section, or illustrative locus, in the chapter titled "Sex and Sexism."' At the workplace, MacKinnon wrote, begins "the mosttraveled terrain" of sex equality law.2 Unpaid work fills the waking hours of most women. Women's labor makes the domestic economies of nation-states possible, even though it continues almost entirely uncounted in measurements of national output.' Injustices in both categories of work, the paid and unpaid, buttress each other.4

Mindful …

Faroosh And Elina, Faroosh, Elina, Tsos

TSOS Interview Gallery

Faroosh was a cameraman for a private television program in Afghanistan working on a documentary about the Taliban. When he and his crew were discovered, the Taliban attacked them and he and his wife fled to Turkey, walking 12 hours to get there. Upon arrival the police arrested and harassed them. Turkey was not a safe place. After several suicide bombings in the area, they decided to move on to Greece, where they are in a refugee camp without any progress in their situation. They have no money to move forward and no ability to work and the economic situation …

The Incremental Retributive Impact Of A Death Sentence Over Life Without Parole, Michael L. Radelet

University of Michigan Journal of Law Reform

In this paper, the author takes a closer look at retribution, which is the primary justification for the death penalty today in the United States and the main component of the additional punishment imposed by the death penalty over and above life imprisonment without parole (LWOP). While all criminal punishments, to varying degrees, punish both the inmate and his or her family, this paper argues that the death penalty’s added punishment over LWOP often punishes the family just as much as the inmate, and after the execution the full brunt of the punishment falls on the family. This added impact …

Exploring An Old Act For New Protections: How Title Ii Of The Ada Protects Pregnant Women Undergoing Methadone Treatment From State Agency Child Removal, Haley Johnston

Indiana Journal of Law and Social Equality

No abstract provided.

Millenial Feminisms: How The Newest Generation Of Lawyers May Change The Conversation About Gender Equality In The Workplace, Meghan M. Boone

University of Baltimore Law Review

Much has been written about the "Millennial generation" and how they are re-shaping the modem workplace, including the legal profession. This body of literature ranges from heralding the Millennial generation as the vanguard for a new age of optimistic, creative team-players, to decrying Millennials as technology-obsessed, entitled, and lazy. Because Millennials have only recently begun to enter the legal profession en masse, the question of how Millennials will change the modem legal profession is still an open one-although one that has already attracted considerable attention. Less attention, however, has been paid to how Millennials unique approach to their professional lives …

Using The Nfl As A Model? Considering Zero Tolerance In The Workplace For Batterers, Deseriee A. Kennedy

University of Baltimore Law Review

"Domestic abuse is a workplace issue. '

The impact of domestic violence can increasingly be felt in the workplace, and it can adversely affect the safety and productivity of employees. Legislators and employers have begun to recognize the effect of domestic violence on employment, and many have adopted policies to protect the interests of domestic violence survivors. This article suggests that wider adoption of domestic violence policies are needed and these policies should be broadened to directly address batterers in the workplace. The article argues that employer based sanctions would increase batterer accountability and workplace safety. It uses the newly …

Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi

Journal of Feminist Scholarship

This paper is based on a survey, 25 interviews, and observation. According to the results so far, Islam means three things for women in today’s Morocco: faith, culture, and politics. Islam as faith is generally perceived as a personal relationship with God. Such a relationship is seen as both rewarding and empowering, but also private. Women who perceive Islam as faith observe the Islamic rituals and may or may not wear the veil. Women’s perception of Islam as faith is a rather poorly understood topic in research in a heavily space-based patriarchy, probably because of its intimate relationship with the …

En-Gendering Economic Inequality, Michele E. Gilman

All Faculty Scholarship

We live in an era of growing economic inequality. Luminaries ranging from the President to the Pope to economist Thomas Piketty in his bestselling book Capital in the Twenty- First Century have raised alarms about the disparity between the haves and the have-nots. Overlooked, however, in these important discussions is the reality that economic inequality is not a uniform experience; rather, its effects fall more harshly on women and minorities. With regard to gender, American women have higher rates of poverty and get paid less than comparable men, and their workplace participation rates are falling. Yet economic inequality is neither …

Debunking The Myth Of Universal Male Privilege, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah

Auctus: The Journal of Undergraduate Research and Creative Scholarship

Hobby Lobby is a chain of 640 arts and crafts stores owned by the Green family, based in Oklahoma City. This company is required to follow the Affordable Care Act (ACA), which mandates that larger employers—those with more than 50 employees—have to include coverage for the full range of preventative care, including contraceptives, in their female employees’ health insurance plans. However, the Green family holds deeply religious views and did not want to include four of the twenty contraceptives covered by the ACA, including long acting reversible contraception and emergency contraception, in their female employee coverage. The family believed that …

Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews

Articles & Chapters

During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …

Women On State Boards And Commissions: Is Idaho Where It Wants To Be?, Brenda Bauges

Articles

No abstract provided.

'Such Slow Murder': Feminism, Moral Panic And Homicidal Women, Katherine Biber, Arlie Loughnan, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

Maternal infanticide is an issue of perennial interest to sociohistorical scholars, criminologists and feminist researchers. In this wide-ranging book, Annie Cossins argues that infanticide is a uniquely ‘feminine’ form of criminality insofar as it draws social and legal attention to women’s bodies.

Mapping The Trafficking Of Women Across Colonial Southeast Asia, 1600s-1930'S, Julia T. Martinez

Faculty of Law, Humanities and the Arts - Papers (Archive)

While slavery in the seventeenth century included a substantial traffic in Asian women, it was only in the late nineteenth century that the rise in trafficking in women in Asia came to the attention of international humanitarians who sought to combat this new form of post-abolition slavery. The increasing emphasis on women as slaves, held for the purposes of sexual exploitation, was to a large extent brought to public attention as the result of the enactment of the British Contagious Diseases Ordinance of 1870, which required that women working in prostitution be registered and counted. It was European colonialism in …

London Women In The Colonies, Ian C. Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

Book Review Anne Philp, Caroline's Diary, A Woman's World in Colonial Australia, Anchor Books Australia, NSW, 2015, x + 269 pages; ISBN 9780992467135.

This is a book where Anne Philp has created a narrative around the personal diaries of English woman Caroline Husband who came to New South Wales in the mid-19th century. Her father, lawyer James Husband, fell on hard times and fled his Hampstead Hill house in England with debt collectors in pursuit, and was followed to Australia by his wife and seven children. Caroline has documented her thoughts, her experiences and her feelings of her life adventure …

Women In Prison: Liberty, Equality, And Thinking Outside The Bars, Debra Parkes

All Faculty Publications

This article considers the potential of rights-based advocacy to respond to the troubling reality of a growing women's prison population, and it makes an attempt to sketch out an approach to advocacy and scholarship that seeks both liberty and substantive equality for criminalized and imprisoned women. It proceeds in four parts. First, it documents some of the legislative and policy changes made to sentencing and penal law in the last decade. Next, it identifies some of the ways that these changes have an impact on women and on particular groups of women. It then suggests some ways that academics, lawyers, …

Lifetime Disadvantage, Susan Bisom-Rapp, Malcolm Sargeant

Faculty Scholarship

Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women's labor force participation. By using their model of lifetime disadvantage, the authors show how the law adopts an incremental and disjointed approach to resolving the challenges, and argue that a more holistic orientation towards …

Technology, Gender And Fashion, Jeanne L. Schroeder

Articles

No abstract provided.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Felice J Batlan

Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins