Law and Society Commons^™

Hodgson V. Minnesota: Chipping Away At Roe V. Wade In The Aftermath Of Webster, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.

The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton

Pepperdine Law Review

No abstract provided.

Harmless Amusement Or Sexual Harassment: The Reasonableness Of The Reasonable Woman Standard, Penny L. Cigoy

Pepperdine Law Review

No abstract provided.

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.

Images Of Men In Feminist Legal Theory , Brian Bendig

Pepperdine Law Review

No abstract provided.

Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona

Pepperdine Law Review

No abstract provided.

Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn, Mark Trapp

Pepperdine Law Review

No abstract provided.

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.

Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas

Seattle University Law Review

To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …

A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate

Sohail Ahmed Ansari Advocate

Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …

Dark Justice: Women Legal Actors On Basic Cable, Taunya Banks

Taunya Lovell Banks

No abstract provided.

Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit

Hezi Margalit

In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …

Determining Legal Parenthood By Agreement As A Possible Solution To The Challenges Of The New Era, Yehezkel Margalit

Hezi Margalit

Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots …

What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges

Honors Projects

This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.

Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard

Georgetown Law Faculty Publications and Other Works

The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping …

Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani

Pepperdine Dispute Resolution Law Journal

This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …

From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Publications

The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality and …

Civil Rights Reform And The Body, Tobias Barrington Wolff

All Faculty Scholarship

Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …

Penny Wise But Pound Foolish In The Heartland: A Case Study Of Decriminalizing Domestic Violence In Topeka, Kansas, Shelley Santry

Shelley M. Santry

Exchange As A Cornerstone Of Families, Martha Ertman

Martha M. Ertman

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …

A Law And Literature Approach To Stumped By Debora Threedy, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

In this response, I will begin by identifying questions and issues about Stumped that might present themselves from law in literature and law as literature perspectives. This analysis will be followed by a discussion of the play from a particular law and narrative approach, one that ideologically is allied with feminist jurisprudence and critical race studies. Finally, I will conclude by examining the play in connection with scholarship on the cultural study of law, specifically emphasizing ways in which law and literature mutually constitute one another as opposed to being distinct categories of knowledge.

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

All Faculty Scholarship

This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.

Brief Of Amici Curiae Thirteenth Amendment Scholars In Support Of Plaintiff-Appellee And Affirmance, William M. Carter Jr., Dawinder S. Sidhu, Alexander Tsesis, Rebecca E. Zietlow

Amici Briefs

In the case of United States v. Hatch, the defendant in a hate crimes prosecution brought the first major challenge to the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. This amicus brief argues that the Act is constitutional under the Thirteenth Amendment.

Unsex Mothering: Toward A New Culture Of Parenting, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

In this Article, I observe that “mothering” and “fathering” have been inappropriately tethered to biosex. “Mothering” should be unsexed as the primary parental relationship. “Fathering,” correspondingly, should be unsexed from its breadwinner status. In an ideal world, people now considered “mothers” and “fathers” would be “parents” first, a category that includes all forms of caretaking. One could even imagine an androgynous world in which parenting has no sexed subcategories, whether attached to biosex or not. I doubt our world is anywhere near that; I also wonder whether universal androgyny is a utopian ideal worth pursuing. I instead focus in this …

Internation Equity And Human Development, Anthony C. Infanti

Book Chapters

No abstract provided.

Civil Marriage: Threat To Democracy, Jessica Knouse

Michigan Journal of Gender & Law

This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …