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Articles 1 - 30 of 51
Full-Text Articles in Law and Gender
Children, Parents & The State: The Construction Of A New Family Ideology, Deseriee A. Kennedy
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 …
Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman
Panelist, "A Trauma-Informed Approach To Girls: What It Is, Why Its Needed", Francine Sherman
Francine T. Sherman
No abstract provided.
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
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
Women's Reproductive Rights Advanced At Conference, Gabriel Eckstein
Gabriel Eckstein
No abstract provided.
Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein
Gender-Based Criteria For Asylum, Gabriel Eckstein, Gregg Epstein
Gabriel Eckstein
No abstract provided.
Commission Special Rapporteur Grossman Investigates Women's Rights, Gabriel Eckstein
Commission Special Rapporteur Grossman Investigates Women's Rights, Gabriel Eckstein
Gabriel Eckstein
No abstract provided.
Making Way For A New Standard: Women Redefine The "Ideal Professor", Margaret F. Brinig
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
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 …
Mujeres Invisibles, Progresos Incompletos: Reflexiones Sobre El Control Difuso De Constitucionalidad De Normas De Filiación, Beatriz Ramirez
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
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
Human Rights Violations Against Women, Laurel Fletcher, Allyn Taylor, Joan Fitzpatrick
Laurel E. Fletcher
No abstract provided.
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha Ertman
Martha M. Ertman
Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.
Amores Rotos, Impactos Diferentes: Reflexiones Sobre Las Consecuencias Patrimoniales Del Divorcio Desde La Perspectiva De Género, Beatriz Ramirez
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.
The Concept Of Person In The Law, Charles Baron
The Concept Of Person In The Law, Charles Baron
Charles H. Baron
The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
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
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 …
Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius
Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius
Jenny Julén Votinius
No abstract provided.
Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg
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 …
Justice For Girls: Are We Making Progress?, Francine Sherman
Justice For Girls: Are We Making Progress?, Francine Sherman
Francine T. Sherman
Social expectations that girls behave obediently, modestly, and cautiously result in the detention and incarceration of girls who fight back at home or in intimate relationships and who are victims of sexual exploitation. The structural discrimination that supports detaining and incarcerating girls for violating these norms is both hard to see and hard to challenge. It is often hidden behind outward good will toward girls and legitimate expressions of concern for their vulnerability and possible victimization; and it is facilitated by the many opportunities for multifactored, "best interests" -based discretionary decisions built into the juvenile justice and child welfare systems. …
Vidura, Professor Vibhuti Patel
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
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
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.
Know The Law, Francine Sherman
Know The Law, Francine Sherman
Francine T. Sherman
A series of 11 "Know the Law" legal briefs posted to the National Girls Institute (OJJDP/National Council on Crime and Delinquency) web site.
Commentary On Cedaw Article 6, Janie Chuang
The Power Of The Court To Change An Order For The Division Of Matrimonial Assets, Siyuan Chen
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
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
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
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.” …
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
Margaret E Johnson
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of homelessness and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides that continuing to share a home with the person who abused her receives little or no system support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its …