Law and Gender Commons^™

Friends With Benefits?, Laura A. Rosenbury

Michigan Law Review

Family law has long been intensely interested in certain adult intimate relationships, namely marriage and marriage-like relationships, and silent about other adult intimate relationships, namely friendship. This Article examines the effects of that focus, illustrating how it frustrates one of the goals embraced by most family law scholars over the past forty years: the achievement of gender equality, within the family and without. Part I examines the current scope of family law doctrine and scholarship, highlighting the ways in which the home is still the organizing structure for family. Despite calls for increased legal recognition of diverse families, few scholars …

Law And Feminism: Editor's Note, Jamie Cameron

Osgoode Hall Law Journal

No abstract provided.

Law And Feminism: Foreword, Mary Jane Mossman

Osgoode Hall Law Journal

No abstract provided.

From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn

Osgoode Hall Law Journal

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.

The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust

Osgoode Hall Law Journal

Despite the fact that women comprise well over 50 per cent of law graduates in many parts of the world, women lawyers continue to be clustered disproportionately in the lower echelons of the profession. This paper considers the role of flexible work as a gender equity strategy and is illuminated by interviews with lawyers in elite corporate firms in Australia. It is argued that far from being a panacea, flexible work is being invoked to confine women to subordinate roles and to restrict access to partnerships. Not only is there a residual suspicion of the feminine in positions of authority …

Domesticity And The Texas Community Property System, Lauren F. Redman

Buffalo Women's Law Journal

No abstract provided.

Individual Accounts In Social Security Reform: Lessons From Abroad And Special Considerations For Women, Karen E. Menter

Buffalo Women's Law Journal

No abstract provided.

The Commodification Of Women's Work: Theorizing The Advancement Of African Women, Tiffany M. Mckinney Gardner

Buffalo Human Rights Law Review

No abstract provided.

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright

Washington and Lee Law Review

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …

The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim

Washington and Lee Law Review

No abstract provided.

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …

Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad

Washington and Lee Law Review

Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …

Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert

Indiana Law Journal

No abstract provided.

An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham

University of Richmond Law Review

No abstract provided.

Refining The Meaning And Application Of "Dating Relationship" Language In Domestic Violence Statutes, Devon M. Largio

Vanderbilt Law Review

Many young people date in high school, and Lisa Santoro was no exception.' Her father Tom tells her story:

In January, 1994, Lisa started to date a guy [named "Dan"].... In the five months Lisa dated this guy, I never really understood why she was attracted to him.... Around June, when Lisa started to work at the swimming pool, she met another guy who was in charge of the pool .... Shortly after, Lisa [broke] up with Dan. Dan tried to get Lisa to go back to him, but Lisa had her mind made up.... On July 27th, Dan called …

From Arachne To Charlotte: An Imaginative Revisiting Of Gilligan's "In A Different Voice", Erika Rackley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Judging Magic: Can You See The Sleight Of Hand?, Rebecca Johnson

Michigan Law Review

Cultural critic bell hooks says, "Movies make magic. They change things. They take the real and make it into something else right before our very eyes." Movies do not, of course, have an exclusive hold on this ability to change one thing into something else. Law, too, possesses this power. Certainly, one must acknowledge some significant differences in the "magic" of filmic and legal texts. For the most part, as willing consumers of cultural products, we "choose" to subject ourselves to the magic of film. We sit in a darkened theater and let ourselves be taken away to a different …

More Women On Corporate Boards? Not So Fast, Jayne W. Barnard

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Intersection Between Domestic Violence And The Child Welfare System: The Role Courts Can Play In The Protection Of Battered Mothers And Their Children, Linda Quigley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The First Women Lawyers: "Piecemeal Progress And Circumscribed Success", Mary Jane Mossman

Osgoode Hall Law Journal

This paper explores the context in which women gained admission to the bar at the end of the nineteenth century, discusses the stories of some of the first women lawyers in different parts of the world, and reflects on their challenges and choices as members of the legal professions.

The Social Significance Of The World's First Women Lawyers, Fiona M. Kay

Osgoode Hall Law Journal

No abstract provided.

Finding The Fastest Way To Her Heart: Linking Clinical And Policy Pathways, Paula Johnson, Brian R. Schuetz, Shelley M. Stark, Dora Tovar

New England Journal of Public Policy

The Mary Horrigan Connors Center for Women’s Health and Gender Biology at Brigham and Women’s Hospital in Boston, integrates research, clinical practice, and policy analysis with practical application to emerging women’s health issues. Recently, an interdisciplinary team of practitioners examined pathways to improving women’s heart health. Beginning with the evidence that a heart-healthy diet leads to improved health outcomes for women with cardiovascular disease, the Connors Center team charted a course of intellectual exploration that culminated in a broader community dialogue on how to improve access to healthy and affordable food. Through clinical experiences, research activities, and an ongoing interchange …

Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer

Washington and Lee Law Review

No abstract provided.

Daughters Of The Nile: The Evolution Of Feminism In Egypt, Mohamed Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back

UC Law SF Journal on Gender and Justice

Is the difference between abortion and fetal homicide the pregnant woman's choice-or the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. Although the state has legitimate interests in protecting women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. This Note explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide …

Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent

Michigan Journal of International Law

In this Note, the author examines the process of international human rights norm internalization into areas traditionally governed exclusively by customary law, and the resulting evolution of customary law. Assuming, arguendo, that customary law is to be modified, I argue that a societal norm internalization approach is the most effective means to bring customary law into conformity with international human rights law. After a brief discussion of the fieldwork on which I rely, this Note describes the historical influence of colonialism on the development of customary law in Africa, with a particular focus on the repugnancy clauses of the …

The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant

Campbell Law Review

No abstract provided.

Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome

Campbell Law Review

This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.