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Full-Text Articles in Law and Gender

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


The Children Of Science: Property, People, Or Something In Between?, Star Q. Lopez Mar 2006

The Children Of Science: Property, People, Or Something In Between?, Star Q. Lopez

ExpressO

How should states classify embryos? The war has often waged between two classifications, people versus property. But what if a state assumed something in between, finding the embryo to be a potential person entitled to special respect? If a state adopted this position, how would the law affect medical research?

Presuming embryos constitute potential persons, the debate would continue with how to define “special respect.” The status of a potential person runs along a spectrum between property and personhood. How one defines “special respect” determines where the potential person falls along this spectrum. Special respect would create a spectrum of …


Performance, Property, And The Slashing Of Gender In Fan Fiction, Sonia K. Katyal Jan 2006

Performance, Property, And The Slashing Of Gender In Fan Fiction, Sonia K. Katyal

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow Jan 2006

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Feminist Interpretations Of Intellectual Property, Debora Halbert Jan 2006

Feminist Interpretations Of Intellectual Property, Debora Halbert

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow Jan 2006

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

Law Faculty Scholarship

Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when …