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Full-Text Articles in Law and Gender

Myth: Hard Work And Credentials Determine Employment Opportunities Feb 2016

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

"The way one's career develops has little to do with what one went to school for, envisioned, or carefully planned. Careers generally result from coincidence. Regardless of these facts, job seekers are told to endure extensive career testing and planning, or they are asked to create artificial networks that seldom lead to more than frustration. They are given tests that allegedly determine which careers a particular individual would excel in and be a good fit for based on his or her skills and interests, as if the individual would not excel in other careers as much, or as if being …


Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle Jan 2016

Promoting The General Welfare: Legal Reform To Lift Women And Children In The United States Out Of Poverty, Jill Engle

Jill Engle

American women and children have been poor in exponentially greater numbers than men for decades. The problem has historic, institutional roots which provide a backdrop for this article’s introduction. English and early U.S. legal systems mandated a lesser economic status for women. Despite numerous legal changes aimed at combating the financial disadvantage of American women and children, the problem is worsening. American female workers, many in low-paying job sectors, earn roughly twenty percent less than their male counterparts. Nearly forty percent of single mothers and their children subsist below the poverty level. The recession exacerbated this problem, mostly because unemployment …


So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports Jan 2016

So Much Activity, So Little Change: A Reply To The Critics Of Battered Women's Self-Defense, Kit Kinports

Kit Kinports

Prior to 1970, the term "domestic violence" referred to ghetto riots and urban terrorism, not the abuse of women by their intimate partners. Today, of course, domestic violence is a household word. After all, it has now been ten years since the revelation of football star O.J. Simpson's history of battering purportedly sounded "a wake-up call for all of America"; ten years since Congress enacted legislation haled as "a milestone . . .truly a turning point in the national effort to break the cycle" of violence; and twenty years since Farrah Fawcett's portrayal of Francine Hughes in the movie The …


Evidence Engendered, Kit Kinports Jan 2016

Evidence Engendered, Kit Kinports

Kit Kinports

Part I of this article briefly describes feminist legal theory and its evolution. Part II then discusses the extent to which evidence as a whole is a gendered topic that reflects predominantly male traits and ideals, and Part III analyzes various specific evidentiary doctrines from a feminist perspective. Finally, Part IV examines way of incorporating feminist theories in teaching an evidence course.


How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine Nov 2015

How To Define Who Qualifies As An Employee Within The Meaning Of Title Vii?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Gender Injustice And Girls In Massachusetts, Francine Sherman Oct 2015

Gender Injustice And Girls In Massachusetts, Francine Sherman

Francine T. Sherman

Keynote address at the MCLE Child Welfare and Juvenile Justice Conference.


Fragmenting The Body, Roxanne Mykitiuk Oct 2015

Fragmenting The Body, Roxanne Mykitiuk

Roxanne Mykitiuk

No abstract provided.


Marxist Theories Of Law: A Survey, With Some Thoughts On Women And Law, Shelley Gavigan Oct 2015

Marxist Theories Of Law: A Survey, With Some Thoughts On Women And Law, Shelley Gavigan

Shelley A. M. Gavigan

No abstract provided.


Women's Crime And Feminist Critiques: A Review Of The Literature, Shelley Gavigan Oct 2015

Women's Crime And Feminist Critiques: A Review Of The Literature, Shelley Gavigan

Shelley A. M. Gavigan

No abstract provided.


Equality In Employment For Women: The Role Of Affirmative Action., Shelley Gavigan, Nikki Cunningham Oct 2015

Equality In Employment For Women: The Role Of Affirmative Action., Shelley Gavigan, Nikki Cunningham

Shelley A. M. Gavigan

No abstract provided.


Women And Crime In Canada, Shelley Gavigan, Dorothy Chunn Oct 2015

Women And Crime In Canada, Shelley Gavigan, Dorothy Chunn

Shelley A. M. Gavigan

No abstract provided.


Gender And De-Incarceration, Francine Sherman Sep 2015

Gender And De-Incarceration, Francine Sherman

Francine T. Sherman

Related Gender Injustice findings to roundtable national strategy discussion on youth de-incarceration.


Gender Injustice, Francine Sherman Jul 2015

Gender Injustice, Francine Sherman

Francine T. Sherman

Provided an overview of gender injustice findings and implications for ten federal grant innovation awardee organizations.


Scarlett O'Hara As Feminist: The Contradictory, Normalizing Force Of Law And Culture, 5 Law Text Culture 45 (2001), Julie Spanbauer May 2015

Scarlett O'Hara As Feminist: The Contradictory, Normalizing Force Of Law And Culture, 5 Law Text Culture 45 (2001), Julie Spanbauer

Julie M. Spanbauer

No abstract provided.


2015 Women’S Research On Women Symposium Poster Presenter, Charlotte Hughart Mar 2015

2015 Women’S Research On Women Symposium Poster Presenter, Charlotte Hughart

Charlotte Hughart

No abstract provided.


In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Roundtable Participant, High Risk Girls In High Risk Settings: What Have We Learned, What's Next, Francine Sherman May 2014

Roundtable Participant, High Risk Girls In High Risk Settings: What Have We Learned, What's Next, Francine Sherman

Francine T. Sherman

No abstract provided.


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


Veiled Discrimination, Sahar F. Aziz Mar 2014

Veiled Discrimination, Sahar F. Aziz

Sahar F. Aziz

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety. Employees who belong to the employer’s social group or fall within society’s majority are advantaged as minimal effort …


Feminist Lawyers And Political Change In Modern France, 1900-1940, Sara L. Kimble Dec 2013

Feminist Lawyers And Political Change In Modern France, 1900-1940, Sara L. Kimble

Sara L Kimble

No abstract provided.


Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman Nov 2013

Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman

Francine T. Sherman

No abstract provided.


Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius Jul 2013

Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


Commentary On Cedaw Article 6, Janie Chuang Apr 2013

Commentary On Cedaw Article 6, Janie Chuang

Janie A Chuang

No abstract provided.


Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Beth A. Burkstrand-Reid Dec 2012

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Who is the “man”? Implicit in that question is whether the man at issue demonstrates traits traditionally associated with masculinity: traits such as power, rejecting all things associated with being female, aggression, and being the family breadwinner. If a man, then, abandons paid work and stays at home full-time with his children, is he still a “man” as typically defined? The answer to this question bears both on whether families are truly evolving away from the gendered construct that places men as family breadwinners and women as caregivers and whether work-family balance law meets the needs of these—and all—families. This …


Statement By The Provost, Robert Brown Dec 2012

Statement By The Provost, Robert Brown

Dr Robert Brown

No abstract provided.


Dark Justice: Women Legal Actors On Basic Cable, Taunya Banks Sep 2012

Dark Justice: Women Legal Actors On Basic Cable, Taunya Banks

Taunya Lovell Banks

No abstract provided.


The Law Is Male, Malinda Seymore Feb 2012

The Law Is Male, Malinda Seymore

Malinda L. Seymore

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Building Democracy In Japan, Mary Alice Haddad Dec 2011

Building Democracy In Japan, Mary Alice Haddad

Mary Alice Haddad

How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …