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Full-Text Articles in Law and Gender

The Women Feminism Forgot: Rural And Working-Class White Women In The Era Of Trump, Lisa R. Pruitt Dec 2017

The Women Feminism Forgot: Rural And Working-Class White Women In The Era Of Trump, Lisa R. Pruitt

Lisa R Pruitt

The Women Feminism Forgot:  Rural and Working-Class White Women in the Era of Trump
 
© Lisa R. Pruitt 2018
 
Abstract
 
This article, based on a keynote address delivered at the University of Toledo Law Review Symposium on “Gender Equality:  Progress and Possibilities,” takes up the task of theorizing gendered aspects of the current chasm between progressive elites on one hand and rural and working-class whites on the other.  Pruitt offers observations that aim to cultivate empathy and ultimately temper elite derision toward these populations.  The article also lays the groundwork for a robust consideration of how feminist …


Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins Dec 2015

Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins

The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention. The Supreme Court has overturned the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The European Court of Justice has also considered and rejected a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to …


Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins Dec 2014

Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins

Mel Cousins

This article examines the recent decision of the Federal Court of Appeal in Miceli-Riggins v Attorney General of Canada as an example of the approach which the Canadian courts are taking to the interpretation of s. 15 of the Charter of Rights (in the area of social benefits) following the Supreme Court’s recent attempts to ‘restate’ that law in a series of cases. It argued that, whatever the intention of the Supreme Court, the restatement of the law has created general confusion in the lower courts and tribunals. In addition, in cases concerning social benefits, the Court’s statements, in cases …


Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril Jan 2013

Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril

Robin S. Maril

Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …


Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams Jan 2012

Race, Rat Bites And Unfit Mothers: How Media Discourse Informs Welfare Legislation Debate, Lucy A. Williams

Lucy A. Williams

This article exposes and critiques the media images of poor women and children that drive legislative debate in social assistance, or welfare public policy issues in the United States. It explores the impact of media images on law-making by focusing on three statutory time periods: 1935, when the Aid to Dependent Children program was initially enacted as part of the Social Security Act; 1967, when the first mandatory work requirements were added to the Aid to Families with Dependent Children program, and the mid-1990s, when states began implementing widely divergent categorical eligibility requirements that restrict benefits in an attempt to …