Law and Gender Commons^™

Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy

Deseriee A. Kennedy

More than twenty-five states allow courts to consider parental incarceration or conviction of a crime in determining whether to terminate parental rights. This problem is of increasing significance as a result of dramatic growth in incarceration rates, particularly among women who were often the primary and sole caretaker of their children before their imprisonment. Social scientists have recognized that the reality for parents in many communities is one of widespread and repeated incarceration, which has a devastating effect on families and communities. The problem is magnified by a failed drug policy and the Adoption and Safe Families Act, which, in …

Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller

Russell A. Miller

Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …

Women's Reproductive Rights Advanced At Conference, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.

Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein

Gabriel Eckstein

No abstract provided.

Commission Special Rapporteur Grossman Investigates Women's Rights, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.

Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter explores how culture is addressed by contemporary international law, with particular reference to human rights law norms. The first part covering freedom focuses on the rise of the modern state and its conscious reimagining of ties with its citizens through the promotion of tolerance and a secular, national identity. The shift is explored through the prisms of the freedom of religion, the right to participate in (national) cultural life, and the limitations on freedom of expression including prohibition of hate speech and domestic blasphemy laws. The second part on equality centres on the relationship between the state, the …

Making Way For A New Standard: Women Redefine The "Ideal Professor", Margaret F. Brinig

Margaret F Brinig

No abstract provided.

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Women's Exclusion From The Constitutional Canon, Jill Elaine Hasday

Jill Elaine Hasday

This Essay asks why sex equality is outside the constitutional canon. While race discrimination is a canonical concern of constitutional law, the story of America’s struggles over and against sex discrimination is not widely taken to be a central, organizing part of our constitutional tradition — a defining narrative that exemplifies and expresses the nation’s foundational values and commitments. I offer three potential explanations for the exclusion of sex equality from the constitutional canon. First, the Supreme Court’s jurisprudence developed in ways that suggested that sex discrimination was not a core constitutional problem and concern, especially when compared to race …

Mujeres Invisibles, Progresos Incompletos: Reflexiones Sobre El Control Difuso De Constitucionalidad De Normas De Filiación, Beatriz Ramirez

Beatriz Ramirez

El Aborto Y Los Derechos Fundamentales., Beatriz Ramirez, Juan Carlos Diaz

Beatriz Ramirez

El Derecho, como sistema de regulación de conductas, establece cuáles están permitidas, prohibidas u ordenadas. En el caso del aborto, un enfoque conservador se orienta a su prohibición absoluta, lo que equivale a que el sistema legal indica que todos los embarazos deben culminar en nacimientos, proscribiéndose cualquier intervención en ese transcurso. No obstante lo anterior, existe otra tendencia en materia de aborto: aquella orientada a su permisión en determinados supuestos que son más bien excepcionales. En ese contexto, algunos ordenamientos jurídicos otorgan tratamientos diferentes al aborto que se produce en circunstancias en los que las mujeres no han podido …

Human Rights Violations Against Women, Laurel Fletcher, Allyn Taylor, Joan Fitzpatrick

Laurel E. Fletcher

No abstract provided.

Amores Rotos, Impactos Diferentes: Reflexiones Sobre Las Consecuencias Patrimoniales Del Divorcio Desde La Perspectiva De Género, Beatriz Ramirez

Beatriz Ramirez

El trabajo analiza la relevancia de aplicar un enfoque de género en el análisis de las consecuencias patrimoniales de los divorcios, sobre todo en los casos de liquidación de sociedad de gananciales, pues aunque tradicionalmente se asume que las reglas establecidas en el Código Civil son respetuosas del principio-derecho de igualdad, en la práctica, al ser aplicadas a casos reales marcados por situaciones desiguales de poder entre mujeres y varones, pueden ocasionar situaciones de discriminación por resultado.

Thinking Win-Win: Boosting Profitability Through Gender-Balanced Flex-Time, Gabriela Steier

Gabriela Steier

Setting working mothers free from the gridlock of inflexible “all-or-nothing” workplaces1 can unleash the tremendous potential of female leadership qualities and create win-win2 situations for both employers and employees. When human resources managers create such win-win situations, they can boost efficiency, productivity, profitability, and ultimately increase their company’s bottom line. The key to this strategy consists of attracting and maintaining female talent in the market by implementing mother-friendlier time management. This article analyses the business case for women in terms of gender-balanced leadership, and evaluates flex-time block-schedules as a corporate management strategy to achieve the goals of boosting the bottom …

The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer

Joe Custer

Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli

Paula A Monopoli

American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.

Mirror, Mirror On The Wall, Who Are You To Say Who Is Fairest Of Them All?, Ashley R. Brown

Ashley R Brown

No abstract provided.

Sex Trafficking In Edo State, Nigeria: Causes And Solutions, Tim S. Braimah

Tim s Braimah

Edo State, the 'Heartbeat of Nigeria', has been labeled as “the most endemic source of human trafficking in Nigeria”. As a result of this negative label, a number of international organizations and non-governmental organizations have intervened to combat sex trafficking in the region. Despite these interventions, sex trafficking is still rife in Edo State. This article argues that political, economic, religious, social and cultural factors contribute to the difficulties in curbing sex trafficking in Edo State. To eradicate it, a joint effort between the government, traditional leaders, religious institutions/NGOs and members of the public is needed.

Vidura, Professor Vibhuti Patel

Professor Vibhuti Patel

Two recent lectures in Chennai addressed a whole range of issues confronting India in the second decade of what was a few years earlier referred to as the New Millennium - B.G. Verghese’s special address at the Triplicane Cultural Academy on July 13 on the occasion of its diamond jubilee celebrations, and C. P. Chandrasekhar’s Lawrence Dana Pinkham Memorial Lecture on May 2 at the 13th Convocation of the Asian College of Journalism. Verghese was kind and sent me the transcript of his speech after returning to Delhi. When I later sent the text to our illustrator, Arun Ramkumar, he …

Heroínas Forzadas: Reflexiones Sobre Aborto Terapéutico A Propósito De Las Medidas Provisionales De La Corte Interamericana De Derechos Humanos En El Asunto B. Contra El Salvador, Beatriz Ramirez

Beatriz Ramirez

Enhancing The Attractiveness Of Research To Female Faculty, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] CSWEP has long been concerned about the underrepresentation of women in faculty positions at major research universities. I have been charged by the committee with enumerating a set of policies that might enhance the attractiveness of research universities to female faculty. After presenting some data that suggest the magnitude of the underrepresentation problem, I do so below. In each case, I sketch the pros and cons of the policy. Although the focus is on increasing the attractiveness of research universities to female faculty, many of the policies would increase the attractiveness of academic careers per se to new female …

Promoting Women's Access To Politics And Decision Making: The Role Of Tgnp And Other Advocacy Groups In The 2000 General Elections., Miranda Johnson, Aggripina Mosha

Miranda B Johnson

No abstract provided.

Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum

Angela Goodrum

No abstract provided.

The Power Of The Court To Change An Order For The Division Of Matrimonial Assets, Siyuan Chen

Siyuan CHEN

Section 112 of the Women’s Charter1 is the main provision that governs the power of a court to order division of matrimonial assets; relevant for present purposes is sub-section 4 in particular, which states: “The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made.” The Court of Appeal had the opportunity to discuss this rather controversial sub-section in AYM v AYL.2

Innocent Spouse Relief - Relief From The Sneaky Spouse, Corinna Marie Cicmanec

Corinna Cicmanec

Innocent Spouse Relief: Relief from the Sneaky Spouse

This article discusses Internal Revenue Code § 6015, also known the as Innocent Spouse provision. This provision offers relief to spouses from the joint and several liability that stems from filing a joint return. Innocent Spouse Relief is available in certain situations when one spouse is “sneaky” in regards to disclosing financial information to the other spouse and the IRS. This article specifically analyzes how §6015 affects women, and the hurdles women face when filing successful claims. This paper explores the current problems with §6015 claims process, and suggests options for the …

Deadly Dicta: Roe’S “Unwanted Motherhood”, Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo

Stacy A Scaldo

For thirty-four years, the narrative of Supreme Court jurisprudence on the issue of abortion was firmly focused on the pregnant woman. From the initial finding that the right to an abortion stemmed from a constitutional right to privacy[1], through the test applied and refined to determine when that right was abridged[2], to the striking of statutes found to over-regulate that right[3], the conversation from the Court’s perspective maintained a singular focus. Pro-life arguments focusing on the fetus as the equal or greater party of interest were systematically pushed aside by the Court.[4] The consequences of an unwanted pregnancy, or as …

Jus Sanguinis: Determining Parentage For Assisted Reproduction Children Born Overseas, Kristine Knaplund

Kristine Knaplund

Jus Sanguinis: Determining Citizenship for Assisted Reproduction Children Born Overseas Professor Kristine S. Knaplund Abstract The United States has long followed the English common law view that citizenship can be attained at birth in two ways: by being born in the U.S. (jus soli), or by being born abroad as the child of a U.S. citizen (jus sanguinis). The first, jus soli, is now part of the 14th amendment to the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.” …