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Articles 61 - 87 of 87
Full-Text Articles in Law and Gender
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Jamin Raskin
No abstract provided.
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.
Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone
Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone
Michelle M. Harner
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them? This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …
Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone
Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone
Faculty Scholarship
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?
This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …
Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone
Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone
Scholarly Articles
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?
This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …
Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard
Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard
Other Publications
No abstract provided.
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Eileen Kaufman
No abstract provided.
A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins
A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins
Faculty Scholarship
The historians’ amicus brief that accompanies this essay was submitted to the Supreme Court in Flores-Villar v. United States, an equal protection challenge to federal statutes that regulate the citizenship status of foreign-born children of American parents. When the parents of such children are unmarried, federal law encumbers the ability of American fathers to secure citizenship for their children, while providing American mothers with a nearly unfettered ability to do the same. The general question before the Court in Flores-Villar – and a question that the Court has addressed in sum and substance on two other occasions during the last …
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
Melissa R Hart
No abstract provided.
Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks
Converging Trajectories: Interest Convergence, Justice Kennedy, And Jeannie Suk's "The Trajectory Of Trauma", Jennifer S. Hendricks
Publications
This essay responds to Jeannie Suk's recent article in the Columbia Law Review, The Trajectory of Trauma: Bodies and Minds of Abortion Discourse. Suk argues that feminists are responsible for legitimizing a paternalistic attitude towards women that came home to roost in Gonzales v. Carhart. This essay argues that Suk's critique of feminist paternalism needs to be supplemented with a discussion of traditional paternalism and its influence on how feminist advocacy enters the law. In particular, it suggests that Derrick Bell's theory of interest convergence provides a useful framework for understanding the cultural, legal, and rhetorical evidence adduced …
The Supreme Court Speaks: Judgments On Muslim Law & Women's Rights, Saumya Uma
The Supreme Court Speaks: Judgments On Muslim Law & Women's Rights, Saumya Uma
Saumya Uma
The book contains a compilation of pro-women judgments by the Supreme Court on issues pertaining to Muslim family law. The book is divided into 3 parts – marriage, matrimonial remedies and property / economic rights of women. It explains 18 judgments in a simple language, each a landmark on an issue, and also contains a brief analysis of the impact and usefulness of the judgment for furthering women’s rights.
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Scholarly Works
No abstract provided.
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
All Faculty Scholarship
In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
Faculty Scholarship
The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …
Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen
Foreword (Symposium: Finding A Path To Gender Equality: Legal And Policy Issues Raised By All-Female Public Education), Nadine Strossen
Articles & Chapters
No abstract provided.
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Indiana Law Journal
No abstract provided.
By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins
By Reason Of Their Sex: Feminist Theory Postmodernism And Justice , Tracy E. Higgins
Faculty Scholarship
Both the Supreme Court's jurisprudence of gender and feminist legal theory have generally assumed that some identifiable and describable category of woman exists prior to the construction of legal categories. For the Court, this woman-whose characteristics admittedly have changed over time-serves as the standard against which gendered legal classifications are measured. For feminism, her existence has served a different but equally important purpose as the subject for whom political goals are pursued. To the extent that the definitions of the category diverge, the differences among definitions are played out in feminist critiques of the Court's gender jurisprudence, and, occasionally, in …
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …
Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer
Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer
Indiana Law Journal
No abstract provided.
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman
The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman
Indiana Law Journal
No abstract provided.
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
The "Gag Rule" Revisited: Physicians As Abortion Gatekeepers, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
To the surprise of many and the dismay of some, the U.S. Supreme Court took it upon itself last term to proclaim a national compromise on the question of abortion. The Court's announced truce, an elaboration on Justice O'Connor's "undue burden" idea, is pragmatic in design but unlikely to prove stable in practice. The three justices who spoke for the Court disparaged Roe with reluctant praise, then upheld its outer shell on the ground that social expectations and the need to sustain the appearance of the rule of law made it impolitic to do otherwise. This awkward doctrinal invention seems …
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
All Faculty Scholarship
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.
Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …
Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder
Will Roe V. Wade Survive The Rehnquist Court?, Dawn E. Johnsen, Marcy Wilder
Articles by Maurer Faculty
No abstract provided.
Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich
Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich
Indiana Law Journal
No abstract provided.
The World As Reality, As Resource, And As Pretense, Richard Stith
The World As Reality, As Resource, And As Pretense, Richard Stith
Law Faculty Publications
No abstract provided.