Law and Gender Commons^™

Book Review Essay: Healing Feminism's Broken Heart, Katie Rose Guest Pryal

Katie Rose Guest Pryal

Book review essay of Andrea Dworkin's last book, Heartbreak: The Political Memoir of a Feminist Militant. This review examines the use of the “memoir mode” to further political work and rebuts critiques that Dworkin's writing is too “confessional” - incorporating “guilty personal detail for emotional effect.” I suggest that Dworkin’s “confessions” have a distinct purpose. She is not driven by ego or solipsism; instead of focusing on her accomplishments, she creates life-lines between seminal moments in her childhood and young adulthood and the politics that define her life now. The small rebellions of the child echo the large rebellions of …

The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman

Deborah M. Weissman

This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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

Journal Articles

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 …

The Participation Of Afghan Women In The Reconstruction Process, Laura Grenfell

Human Rights Brief

No abstract provided.

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

Faculty Publications & Other Works

No abstract provided.

Summary Of Trix & Psenka Article, Ronda Roberts Callister

ADVANCE Library Collection

No abstract provided.

Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski

Articles

As I will argue, the Court's consent-to-search cases are driven by this patriarchal ideology to maintain social structures of power disparities and to perpetuate the subordination of women, minorities, and other disempowered members of society.

We need to acknowledge the power and submission paradigm that underlies police-citizen encounters and to scrutinize the entire notion of consent. In order to confront both power and consent, I will turn to feminist critique of consent, particularly in the area of rape, and to feminist writings about choice and agency. Based on these writings I will argue that by distinguishing coerced consent to a …

The Criminalization Of Survival Attempts: Locking Up Female Runaways And Other Status Offenders, Alecia Humphrey

UC Law SF Journal on Gender and Justice

To control and help runaway children, courts have classified them as "status offenders" without getting to the real source of their runaway behavior, such as physical or sexual abuse at home. Instead, confining runaway children to the judicial system through the use of status offenses has further entrenched these runaways' behavior without helping them develop more effective copings skills; children often run away again, commit substantive crimes, once again become victims, or else are institutionalized or incarcerated on down the road. Indeed, girls are especially prone to this cycle, since their numbers are disproportionately higher than those of boys in …

Capitalism And Freedom -- For Whom? Feminist Legal Theory And Progressive Corporate Law,, Kellye Y. Testy

Articles

Beginning at least in the 1980s, the version of corporate law and governance prevailing in the U.S. (as well as widely exported to other nations) was a radically privatized one, treating the corporation as a contractual arrangement for maximizing shortterm share price in a laissez faire global marketplace. Though many robust and varied social movements, many of which were bolstered by the 1999 WTO protests in Seattle, have been and are engaged in challenging this hegemony from many angles, few have found their way into corporate law reform. That is not to say, however, that there are no progressive legal …

The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo

Articles

Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck

Faculty Publications

The University of Missouri (“MU”) sits in the picturesque college town of Columbia on the largest and oldest campus of the Missouri University system. MU is a land grant institution created with funds and land appropriated by the Morrill Acts of 1862 and 1890. The University “honors [that public trust] and accepts the associated accountability” by acquiring, creating, transmitting, and preserving knowledge. “MU's primary mission in research and doctoral education . . . provides the basis for service to the people of [Missouri] via outreach programs.” Domestic violence impacts MU's land grant influenced service mission. Its organizational departments, educational units, …

Best Practices Checklist For Running A Faculty Search: From Identification Of Needs To Invitation To Interview

ADVANCE Library Collection

No abstract provided.

Transitional Support Pilot Program

ADVANCE Library Collection

No abstract provided.

The Joys Of Leading An Academic Department, Mos Kaveh

ADVANCE Library Collection

t is often said that being a professor is the best job and being a department head or chair is the toughest job in an academic institution. This observation stems from the fact that, particularly in U.S. research universities, faculty members have considerable freedom, outside of assigned teaching and service duties, to manage their own time and scholarly effort and directions. Meanwhile, department chairs operate in a buffer zone between deans and upper administration, faculty colleagues, students, and increasingly institutional and government regulators and alumni. This necessitates wearing many hats, as administrator, teacher, researcher, lawyer, entrepreneur, and juggling a multitude …

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben

UIC Law Review

No abstract provided.

Righting The Balance: Gender Diversity In The Geosciences, Robin E. Bell, Kim A. Kastens

ADVANCE Library Collection

The blatant barriers are down. Women are now routinely chief scientists on major cruises, lead field parties to all continents, and have risen to leadership positions in professional organizations, academic departments, and funding agencies. Nonetheless, barriers remain. Women continue to be under-represented in the Earth, ocean, and atmospheric sciences.

Negotiation Workshop, Lisa Barren

ADVANCE Library Collection

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Roe's Legacy: The Nonconsensual Medical Treatment Of Pregnant Women And Implications For Female Citizenship, April L. Cherry

Law Faculty Articles and Essays

In this Essay, I demonstrate how I have come to the conclusion that the "compelling state interest" language used by the Court in Roe has been used to constrain and derogate women's citizenship. In Part I, I detail Roe's holding and describe some of the arguments, which use Roe as precedent, that seek to justify limits on health care decision making by pregnant women. I argue that because Roe does not address situations outside of the abortion context, it leaves intact women's common law and constitutional liberty rights to direct their medical care. Therefore, the state cannot constitutionally compel medical …

Egyptian Feminism: Trapped In The Identity Debate, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This Article argues that if we wish to account for the limited gains made in the area of family law reform in Egypt in the twentieth century, it is crucial to relate the debate on family law with another debate, one revolving around the identity of the Egyptian legal system. Whereas the dispute over family law reform forced decisions on gender and the family, the contest surrounding identity centered on the ongoing and agonized struggle by Egyptians to define the nature of their country's contemporary cultural identity. The question of identity was often framed as a debate over the "character" …

Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace

Articles by Maurer Faculty

No abstract provided.

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.

"Well-Behaved Women Don't Make History": Rethinking English Family, Law, And History, Danaya C. Wright

UF Law Faculty Publications

In 1857 Parliament finally succumbed to public and political pressure and passed a bill creating a domestic relations court: the Court for Divorce and Matrimonial Causes. This new court for the first time in common-law history, combined the following jurisdictions: the ecclesiastical court's jurisdiction over marital validity and separation; the Chancery court's jurisdiction over child custody and equitable estates; the common-law court's jurisdiction over property; and Parliament's jurisdiction over divorce and marital settlements. Wives were given the legal right to seek a divorce or judicial separation in a court of law, receive custody of the children of the marriage, and …

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

UF Law Faculty Publications

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, …

Race, Gender, And Work/Family Policy, Nancy E. Dowd

UF Law Faculty Publications

Family leave is not an end in itself, but rather is part of a much bigger picture: work/family policy. The goal of work/family policy is to achieve a good society by supporting families. Ideally, families enable children to develop to their fullest capacity and to contribute to their communities and society. Public rhetoric in the United States has always strongly supported families. Our policies, however, have not. In the area of work/family policy, the United States continues to lag behind every other advanced industrialized country, as well as many developing countries, in the degree to which we provide affirmative support …

Critical Race Histories: In And Out, Darren L. Hutchinson

Faculty Articles

Insider critiques of CRT also require critical assessment. Recent internal critics complain that racial identity discourse, including multidimensionality theory, marginalizes more important attention to material, class, or economic issues. If their claim holds true, the material harm critics serve a vital purpose: because racial injustice causes and interacts with economic deprivation, any progressive racial justice movement should interrogate class and economic inequality concems. Nevertheless, the analysis of the material harm critics suffers because it dichotomizes class and multidimensionality. Although these critics bifurcate multiplicity and class analysis, multiplicity theories relate to class analysis in two important respects. First, poverty has multidimensional …

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.