Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (4)
- Family Law (3)
- Civil Rights and Discrimination (2)
- Comparative and Foreign Law (2)
- Health Law and Policy (2)
-
- Human Rights Law (2)
- Sexuality and the Law (2)
- Civil Law (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Courts (1)
- Education Law (1)
- Housing Law (1)
- International Law (1)
- Judges (1)
- Jurisprudence (1)
- Juvenile Law (1)
- Law and Politics (1)
- Legal Education (1)
- Legal History (1)
- Legal Profession (1)
- Property Law and Real Estate (1)
- Public Law and Legal Theory (1)
- Social Welfare Law (1)
Articles 1 - 5 of 5
Full-Text Articles in Law and Gender
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 …
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 …
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 …
From Sex For Please To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid
From Sex For Please To Sex For Parenthood: How The Law Manufactures Mothers, Beth A. Burkstrand-Reid
Beth A. Burkstrand-Reid
As soon as sperm enter a woman, so do law and politics, or so the decades-long disputes surrounding abortion suggest. Now, however, renewed debates surrounding contraceptives show legal and political interference with women’s sexual and reproductive autonomy may actually precede the sperm. This Article argues that, increasingly, women even thinking about having sex are defined socially and legally as “mothers.” Via this broad definition of who is a “mother," the State extends its reach into women’s decision-making throughout their reproductive lifetime. This Article argues that the State simultaneously devalues women’s choices to have sex for pleasure, which this Article calls …
When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan
Erin Ryan