Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Women (6)
- Social Welfare (4)
- Constitutional Law (2)
- Disability (2)
- General Law (2)
-
- Remedies (2)
- Sexuality and the Law (2)
- Torts (2)
- Abuse (1)
- African Americans (1)
- Agriculture Law (1)
- Anti-domestic violence (1)
- Battering (1)
- Canada (1)
- Canada Charter of Rights (1)
- Canada Pension Plan (1)
- Children (1)
- Civil Law (1)
- Civil Litigation (1)
- Civil Rights and Discrimination (1)
- Discrimination (1)
- Domestic Relations (1)
- Domestic Violence (1)
- Domestic violence (1)
- Economic Inequality (1)
- Eighth Amendment (1)
- Evolving Standards of Decency (1)
- Families (1)
- Fibromyalgia (1)
- First Amendment (1)
- Publication
- Publication Type
- File Type
Articles 1 - 13 of 13
Full-Text Articles in Law and Gender
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
Shelley A. M. Gavigan
In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.
A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis
A Female Disease: The Unintentional Gendering Of Fibromyalgia Social Security Claims, Dara Purvis
Dara Purvis
Social Security disability claims are not supposed to be decided based on the gender of the applicant. Reliance on the apparently neutral mechanism of clinical medical evidence, however, has a disproportionate impact on women bringing disability claims based on fibromyalgia. Recognizing and identifying disability has been delegated by Congress and the Social Security Administration almost entirely to physicians, based upon a misguided and mistaken belief that clinical medical evidence evaluated by a trained physician will answer with certainty whether an individual claimant is capable of working. Fibromyalgia, a diffuse syndrome characterized by excess pain that is overwhelmingly diagnosed in women …
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
Samuel V. Jones
No abstract provided.
Flourishing Rights, Wendy A. Bach
Flourishing Rights, Wendy A. Bach
Michigan Law Review
There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation for …
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Aileen N Gonzalez
No abstract provided.
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …
Impact: Collected Essays On The Threat Of Economic Inequality., New York Law School. Impact For Public Interest Law And The Racial Justice Project.
Impact: Collected Essays On The Threat Of Economic Inequality., New York Law School. Impact For Public Interest Law And The Racial Justice Project.
Racial Justice Project
On April 17, 2015, the Impact Center for Public Interest Law at New York Law School hosted a symposium entitled "Tackling Economic Inequality" to bring together policymakers, advocates, academics, and community members to explore some of the causes and solutions to this growing problem. The essays collected in this volume, written by leading social justice advocates, are published to stimulate continued conversation on this critically important issue.
Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson
Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson
All Faculty Scholarship
No abstract provided.
Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit
Articles
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …
Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins
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 …