Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (10)
- Selected Works (6)
- University of Colorado Law School (4)
- William & Mary Law School (4)
- University of Michigan Law School (3)
-
- Brooklyn Law School (2)
- SelectedWorks (2)
- University of Georgia School of Law (2)
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- City University of New York (CUNY) (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Pepperdine University (1)
- Roger Williams University (1)
- SIT Graduate Institute/SIT Study Abroad (1)
- SJ Quinney College of Law, University of Utah (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- University of Richmond (1)
- Washington University in St. Louis (1)
- Keyword
-
- Domestic violence (7)
- Family law (7)
- Marriage (6)
- Divorce (5)
- Women (5)
-
- Gender (4)
- Abortion (3)
- Feminism (3)
- New Jersey (3)
- Obergefell v. Hodges (3)
- Pregnancy Complications (3)
- Reproductive Rights (3)
- Reproductive rights (3)
- Same-sex marriage (3)
- Unborn Children (3)
- Women's Rights (3)
- Adolescent pregnancy (2)
- Adolescent reproduction (2)
- Child welfare (2)
- Citizenship (2)
- Civil Law (2)
- Civil Rights and Discrimination (2)
- Contracts (2)
- Criminal justice (2)
- Custody (2)
- Dispute Resolution (2)
- Domestic Relations (2)
- Drinking in Pregnancy (2)
- Drug Abuse in Pregnancy (2)
- Empirical studies (2)
- Publication
-
- Seattle Journal for Social Justice (8)
- Publications (3)
- William & Mary Bill of Rights Journal (3)
- All Faculty Scholarship (2)
- Georgia Journal of International & Comparative Law (2)
-
- Hezi Margalit (2)
- Michigan Journal of Gender & Law (2)
- Seattle University Law Review (2)
- Anthropology (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brooklyn Law Review (1)
- Catholic University Law Review (1)
- Deseriee A. Kennedy (1)
- Faculty Scholarship (1)
- Holning Lau (1)
- Independent Study Project (ISP) Collection (1)
- Jill Engle (1)
- Jonathan Muk (1)
- Journal Articles (1)
- Journal of Law and Policy (1)
- Law Faculty Publications (1)
- Life of the Law School (1993- ) (1)
- Margaret F Brinig (1)
- Maryland Law Review (1)
- Maya Manian (1)
- Michigan Law Review First Impressions (1)
- Other Publications (1)
- Pepperdine Law Review (1)
- Publications and Research (1)
- Publication Type
- File Type
Articles 1 - 30 of 54
Full-Text Articles in Law and Gender
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Deported By Marriage: Americans Forced To Choose Between Love And Country, Beth Caldwell
Brooklyn Law Review
As the fiftieth anniversary of Loving v. Virginia approaches, de jure prohibitions against interracial marriages are history. However, marriages between people of different national origins continue to be undermined by the law. The Constitution does not protect the marital rights of citizens who marry noncitizens in the same way that it protects all other marriages. Courts have consistently held that a spouse’s deportation does not implicate the rights of American citizens, and the Constitution has long been held inapplicable in protecting the substantive due process rights of noncitizens facing deportation. Given the spike in deportations over the past decade, hundreds …
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe
Leave And Marriage: The Flawed Progress Of Paternity Leave In The U.S. Military, T. J. Keefe
William & Mary Law Review
No abstract provided.
Nonmarriage, June Carbone, Naomi Cahn
Nonmarriage, June Carbone, Naomi Cahn
Maryland Law Review
Now that the Supreme Court has reshaped the laws of marriage, attention is shifting to nonmarriage. The law no longer treats intimate couples who do not marry as either deviant or deprived. Yet, rather than regulate nonmarriage in a systematic way, the law applies two inconsistent doctrines to govern these relationships. This Article is the first to explore the fundamental contradiction in the legal approach to unmarried partners. While the laws governing financial obligations between unmarried couples are moving toward a deregulatory model that radically differs from the status-based regulation of marriage, the laws of custody and support insist on …
Result Inequality In Family Law, Margaret Brinig
Result Inequality In Family Law, Margaret Brinig
Margaret F Brinig
To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.
This presentation …
Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs
Brief Amici Curiae Of Professors Of History, Political Science, And Law In Support Of Respondent, Kristin Collins, Catherine E. Stetson, Jessica K. Jacobs
Faculty Scholarship
Sex-based laws premised on archaic presumptions about the proper roles of men and women run afoul of established constitutional principles, especially when they interfere with the parent-child relationship. Amici write to explain the history of the federal government’s use of sex-based classifications in the regulation of citizenship. In its regulation of intergenerational and interspousal citizenship transmission, the federal government has perpetuated outdated gender-based norms concerning proper parental roles, even when those norms have been rejected in other legal and social contexts. In addition, the laws governing derivative citizenship have significantly encumbered the ability of American fathers to transmit citizenship to …
An Evolution Of Tradition: Understanding The Unintended Effects Of The 1999 Inheritance And Marital Property Law On Intra-Family Relationships In Rwanda., Pete Freeman
Independent Study Project (ISP) Collection
In the months following the 1994 genocide in Rwanda, a disproportionate number of Rwandan women were left without husbands, homes, family, or property. These losses required women to take on cultural responsibilities hitherto reserved for men. One roadblock to assuming these responsibilities was the legal and cultural right of property ownership reserved exclusively for men. Then in 1999, the Rwandan government enacted legislation which allowed women and girls the rights to family property -- Law/nº 22/99 of 12/11/1999 on Matrimonial Regimes, Liberalities, and Successions. On paper, this Rwandan policy seemed like a step toward gender equality, a watershed moment in …
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.
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Anthropology
Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher
Seattle University Law Review
For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization contractors …
People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah
People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah
Catholic University Law Review
What do sexual assault victims and women charged with prostitution have in common? Both are processed through a criminal justice system where legal actors assess their claims of victimization and either provide or deny resources and recognition in response to those claims. Ideal victim theory posits that not all victims’ claims are treated equally due to static factors such as personal characteristics or case facts. Professor Corrigan and Professor Shdaimah present the Arena of Intelligibility, an original analytical tool developed from their empirical data, to more effectively explain case outcomes for women affected by sexual crimes.
The Arena explains criminal …
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Pepperdine Law Review
Unless municipal nuisance ordinances change, domestic violence victims can face eviction just for calling the police. Nuisance ordinances generally impose fines on a property owner or landlord when the police are called to respond to incidents of crime a certain number of times at the same residence. Many nuisance ordinances also revoke a landlord’s rental license if a property is deemed a nuisance. However, many of these nuisance ordinances do not have an exception for incidents of domestic violence and, consequently, victims are scared to call 911 or request police assistance. This comment surveys the development of nuisance laws and …
On Marriage Equality And Transformation Through Preservation, Courtney Cahill
On Marriage Equality And Transformation Through Preservation, Courtney Cahill
Scholarly Publications
No abstract provided.
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey
Research Data
These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri
All Faculty Scholarship
The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.
Unmarried fathers lacked a social …
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 …
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
Domination Or Kinship? Interpreting Feminist Concerns About Islamic Marriage Law, Rachel Sumption
Domination Or Kinship? Interpreting Feminist Concerns About Islamic Marriage Law, Rachel Sumption
Washington University Undergraduate Law Review
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
"The Good Mother": Mothering, Feminism, And Incarceration, Deseriee A. Kennedy
Deseriee A. Kennedy
As the rates of incarceration continue to rise, women are increasingly subject to draconian criminal justice and child welfare policies that frequently result in the loss of their parental rights. The intersection of an increasingly carceral state and federally imposed timelines for achieving permanency for children in state care has had a negative effect on women, their children, and their communities. Women, and their ability to parent, are more adversely affected by the intersection of these gender-neutral provisions because they are more likely than men to be the primary caretaker of their children. In addition, incarcerated women have higher rates …
Less Payne In The International Relocation Of Children?, Jonathan Chen Yeen Muk
Less Payne In The International Relocation Of Children?, Jonathan Chen Yeen Muk
Jonathan Muk
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
William & Mary Bill of Rights Journal
No abstract provided.