Law and Gender Commons^™

Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun

Michigan Journal of Gender & Law

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …

Unique Property Annotated Bibliography, Nancy Levit, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

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.

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 …

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

ADVANCE Library Collection

No abstract provided.

Energeia Advance, Mary Lynn Realff, Angela Shartar, Jean L. Shumway

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 …

Case: Academic Careers In Engineering &Science, Lynn Singer, John Angus, Mary Barkley, Diana Bilimoria

ADVANCE Library Collection

No abstract provided.

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.

Advance Institutional Transformation, Idalia Ramos, Sara Benitez, Lynette Rivera

ADVANCE Library Collection

No abstract provided.

Advance Vt, Mark G. Mcnamee

ADVANCE Library Collection

No abstract provided.

Negotiation Workshop, Lisa Barren

ADVANCE Library Collection

No abstract provided.

On Campus With Women: Balancing Act

ADVANCE Library Collection

No abstract provided.

Putting "Protection" Back In The Equal Protection Clause: Lessons From Nineteenth Century Women's Rights Activists' Understandings Of Equality, Lucinda M. Finley

Journal Articles

No abstract provided.

The Hidden Victims Of Tort Reform: Women, Children, And The Elderly, Lucinda M. Finley

Journal Articles

I have conducted empirical research from several states on how juries in medical malpractice and other tort suits allocate their damage awards between economic loss damages and noneconomic loss damages. I then compared cases in which men are the victims and cases in which women are the victims. This research demonstrates that while overall men tend to recover greater total damages, juries consistently award women more in noneconomic loss damages than men, and that the noneconomic portion of women's total damage awards is significantly greater than the percentage of men's tort recoveries attributable to noneconomic damages. Consequently, any cap on …

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 …

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, …

Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes

Articles, Book Chapters, & Popular Press

The article has two parts. Part II discusses the materials we reviewed to inform the development of a queer legal pedagogy. In particular, it examines the categories of queer legal scholarship and highlights the contributions of other outsider scholars to legal education debates. Early in our research, we found limited material on queer legal pedagogy, and we discovered nothing that posited a theoretical approach. We did, however, find rich resources written by other outsiders to law from which some design principles for queer legal pedagogy might be drawn. We should note at the outset that our goal in this Part …