Law and Gender Commons^™

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.

Air Force Women's Access To Abortion Services And The Erosion Of 10 U.S.C. § 1093, Marshall L. Wilde

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

No abstract provided.

The Women's Movement And Legal Reform In Thailand, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

In the late 1960's, during the time of dictatorial rule in Thailand, a group of educated upper class women in legal and business professions had actively taken up the call for a reform in the family law, which was actually a continuation of the activism of the mid 1950's. The focal issues included the right of a wife to matrimonial property management and the prevention of double marital registration. The campaign, even though it contributed greatly in allowing women a better status in society, was seen by many as an outcry of wealthy elitist women whose concerns were vested in …

Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol

UF Law Faculty Publications

Does there exist a Cuban society that is culturally cohesive? Is Cubanidad dependent on territorial borders and political ideology? Can there be a singular narrative on Cubanidad that transcends geography and politics? This article asks those questions and posits that, while political and economic differences might result in very different lifestyles and ideologies, social and cultural tropes might provide some similarities and cultural cohesion. This thesis is tested through the study of available, albeit sparse, information on the role of Cubanas in society. First the role of women in Cuban society throughout history is examined. Next, changes in the laws …

A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan

All Faculty Scholarship

No abstract provided.

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

A Journal Of One's Own? Beginning The Project Of Historicizing The Development Of Women's Law Journals, Felice J. Batlan

Felice J Batlan

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin

Faculty Scholarship

No abstract provided.

Cultivating Feminist Critical Inquiry, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Women's Human Rights And The Conversation Across Cultures, Penelope Andrews

Articles & Chapters

This comment examines the vision of women's rights and equality as outlined in CEDAW. It raises some of thepossibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly in material and cultural terms.

Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …

Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo

Faculty Scholarship

No abstract provided.

Beyond The Glass Ceiling: The Maternal Wall As A Barrier To Gender Equality, Joan C. Williams

Faculty Scholarship

No abstract provided.

Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal

Faculty Scholarship

No abstract provided.

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

Law, Literature, And Libel: Victorian Censorship Of Dirty Filthy Books On Birth Control, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

This article presents a case study of the feminist jurisprudence performed by three early birth control advocates: Annie Besant, Jane Hume Clapperton, and Marie Stopes. In the late nineteenth and early twentieth centuries, the subject of birth control was so taboo that serious efforts were made to keep John Stuart Mill from being buried in Westminster Abbey because of his sympathies with the idea of family limitation. The threat of being charged with obscenity and immorality, whether in a legal indictment, in a literary review, or in the court of public opinion, effectively silenced much public discourse on this important …

Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

Recent Supreme Court decisions such as Atkins v. Virginia and Lawrence v. Texas specifically address the linkages between shifting cultural attitudes and the evolution of law. In this Article, I examine the mutually constitutive relationship between legal and cultural developments from a historical perspective and illustrate the necessity of looking to sources that I define as outlaw texts in order to access invaluable information about the process of legal change.

To demonstrate how a study of outlaw texts can enrich our understanding and critical consideration of law and legal history, this Article presents detailed analyses of specific examples of nineteenth-century …

Two Colored Women's Conversation About The Relevance Of Feminist Law Journals In The Twenty-First Century, Taunya Lovell Banks, Penelope Andrews

Articles & Chapters

This is a critique by two non-white law professors in the form of a conversation about the relevance offeminist law journals on their lives and scholarship. We conclude that the impression that feministscholarship now is accepted in mainstream law reviews may be illusory and thus there is a continuing need for feminist law journals. In the past rather than creating a new type of journal, feminist law journals tend to replicate the traditional law journal model. Only the focus is different. Twenty years later not only do race and sexuality continue to separate us, but increasingly, careerism as well. The …

Not Whistlin' Dixie: Now, More Than Ever, We Need Feminist Law Journals, Carlin Meyer

Articles & Chapters

No abstract provided.

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

To ensure the student was relying on good case law, they would use Shepard’s Florida Citations to determine whether Eggart v. State had received any negative treatment by subsequent courts. For example, the case would be reviewed to determine if it had been overruled, superseded, deemed unconstitutional or received any other treatment that would negate or lessen its precedential value. According to the Shepard’s entry, at the time, the case was discussed and followed several times and remained good law.

You can see a scan of the Shepard’s entry for Eggart v. State below. The citation for the Shepard’s volume …

Shepard's Florida Citations

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

As a lawyer or law student, any time you cite a case in support of a legal argument, you must check whether its authority has changed as a result of more recent decisions. Before the advent of the Internet, this process was typically done using a print tool called a citator. The principle citator at the time of the original FAMU law school was Shepard’s Citations, an indexing resource developed by Frank Shepard during the 19th century. Citators allow you to determine if your case is still good law and it acts as a research tool to find other cases …

‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

Theories Of Domestic Violence In The African Context, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Pedagogical Subversion In Clinical Teaching: The Women & The Law Clinic And The Intellectual Property Clinic As Legal Archaeology, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.

Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus

Faculty Scholarship

Minnesota’s sex offender commitment scheme is not just a bad idea; it likely has bad consequences. It is a huge and disproportionate sink for resources that ight be put to more effective use in the fight against sexual violence. Worse, its demand for resources will continue to grow, thus predetermining to a large extent how prevention and treatment dollars are spent. It is very possible that a more rational allocation of these resources would actually prevent more violence than the allocation that is automatically produced by the sex offender commitment scheme. At the very least, the fight against sexual violence …

The "Pitiless Double Abuse" Of Battered Mothers, Justine A. Dunlap

Faculty Publications

Mothers are expected to do and be all for their children, and those who fall short are criticized. Elizabeth Schneider makes this unassailable assertion in her book Battered Women and Feminist Lawmaking. In the chapter entitled Motherhood and Battering, Schneider argues that society reserves its greatest opprobrium for mothers who harm their children or who are perceived to stand idly by while other harm their children. As Schneider demonstrates, women who fail to protect their children, even if they attempt to do so, can be legally liable and soundly condemned. This ill-conceived accountability is most likely to occur …

Lawyers And Domestic Violence: Raising The Standard Of Practice, John M. Burman

Michigan Journal of Gender & Law

Lawyers and judges should be the vanguard of those working to end domestic violence and mitigate its effects, yet they are not. This article is an attempt to change that. It strives to shed some light on the profound effect domestic violence has on law and law practice, as well as the profound effect lawyers and the legal system can have on domestic violence. Part II of this article demonstrates the extent and pervasiveness of domestic violence. Part III describes how domestic violence will affect a lawyer's practice. Part IV provides guidance on what a lawyer should do to determine …

The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson

Michigan Journal of Gender & Law

This Article evaluates the impact that eliminating or reducing the marriage dower would have on the well-being of Muslim women in the West Bank and Gaza Strip. Although Palestinian women's rights organizations seek to eliminate dower on the grounds that it is a "burdensome custom" that is "inconsistent with the intifada's stated goal of improving women's status," in fact, the interaction between dower and other laws relating to marriage and divorce is such that the majority of women would be materially harmed by its discontinuance. Therefore, while the movement to eliminate dower may benefit the financially secure upper class women …