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When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis Jan 2018

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

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Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …


Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri Jun 2016

Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri

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The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.

Unmarried fathers lacked a social …


Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri Jan 2015

Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri

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Despite a transformative half century of social change, marital status still matters. The marriage equality movement has drawn attention to the many benefits conferred in law by marriage at a time when the “marriage gap” between affluent and poor Americans widens and rates of nonmarital childbearing soar. This Essay explores the contested history of marital supremacy—the legal privileging of marriage—through the lens of the “illegitimacy” cases of the 1960s and 1970s. Often remembered as a triumph for nonmarital families, these decisions defined the constitutional harm of illegitimacy classifications as the unjust punishment of innocent children for the “sins” of their …


Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis Jan 2011

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

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No abstract provided.


Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts Jan 2009

Race, Gender, And Genetic Technologies: A New Reproductive Dystopia?, Dorothy E. Roberts

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No abstract provided.


Negotiating Divorce: Gender And The Behavioral Economics Of Divorce Bargaining, Tess Wilkinson-Ryan, Deborah Small Jan 2008

Negotiating Divorce: Gender And The Behavioral Economics Of Divorce Bargaining, Tess Wilkinson-Ryan, Deborah Small

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No abstract provided.


Child Welfare's Paradox, Dorothy E. Roberts Jan 2007

Child Welfare's Paradox, Dorothy E. Roberts

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No abstract provided.


Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick Jan 2006

Mandatory Waiting Periods For Abortions And Female Mental Health, Jonathan Klick

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Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and …


The Need For A Reduced Workweek In The United States, Vicki Schultz, Allison K. Hoffman Jan 2006

The Need For A Reduced Workweek In The United States, Vicki Schultz, Allison K. Hoffman

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This paper argues that a reduced workweek offers a way to alleviate work-family conflict without exacerbating the sex-based division of labor in paid work and unpaid family work. We distinguish our position from two other approaches: (1) one that compensates unpaid family work directly (through such policies as traditional welfare provision, or alimony), policies we argue can discourage women from labor force attachment and contribute to sex-stereotyping and sex-segregated employment; and (2) an approach that spurs employers to accommodate workers' family responsibilities (through such policies as part-time work for parents), policies workers often avoid out of a well founded fear …


The Community Dimension Of State Child Protection, Dorothy E. Roberts Jan 2005

The Community Dimension Of State Child Protection, Dorothy E. Roberts

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No abstract provided.


Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts Jan 2005

Black Club Women And Child Welfare: Lessons For Modern Reform, Dorothy E. Roberts

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No abstract provided.


Welfare Reform And Economic Freedom: Low-Income Mothers' Decisions About Work At Home And In The Market, Dorothy E. Roberts Jan 2004

Welfare Reform And Economic Freedom: Low-Income Mothers' Decisions About Work At Home And In The Market, Dorothy E. Roberts

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No abstract provided.


Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick Jan 2004

Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick

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No abstract provided.


The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann Jun 2003

The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann

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Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we …


Child Welfare And Civil Rights, Dorothy E. Roberts Jan 2003

Child Welfare And Civil Rights, Dorothy E. Roberts

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No abstract provided.


Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts Jan 2002

Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

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No abstract provided.


Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts Jan 2001

Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts

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No abstract provided.


Is There A Caring Crisis?, Amy L. Wax Jan 1999

Is There A Caring Crisis?, Amy L. Wax

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No abstract provided.


Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax Jan 1999

Caring Enough: Sex Roles, Work And Taxing Women, Amy L. Wax

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No abstract provided.


Unshackling Black Motherhood, Dorothy E. Roberts Jan 1997

Unshackling Black Motherhood, Dorothy E. Roberts

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No abstract provided.


The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax Jan 1996

The Two-Parent Family In The Liberal State: The Case For Selective Subsidies, Amy L. Wax

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No abstract provided.


A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts Jan 1996

A Feminist Social Justice Approach To Reproduction-Assisting Technologies: A Case Study On The Limits Of Liberal Theory, Joan C. Callahan, Dorothy E. Roberts

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No abstract provided.


Race And The New Reproduction, Dorothy E. Roberts Jan 1996

Race And The New Reproduction, Dorothy E. Roberts

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No abstract provided.


Irrationality And Sacrifice In The Welfare Reform Consensus, Dorothy E. Roberts Jan 1995

Irrationality And Sacrifice In The Welfare Reform Consensus, Dorothy E. Roberts

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No abstract provided.


Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman Jan 1995

Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman

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No abstract provided.


The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts Jan 1995

The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts

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No abstract provided.


The Value Of Black Mothers' Work, Dorothy E. Roberts Jan 1994

The Value Of Black Mothers' Work, Dorothy E. Roberts

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No abstract provided.


"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

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No abstract provided.


Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts Jan 1993

Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts

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No abstract provided.


Motherhood And Crime, Dorothy E. Roberts Jan 1993

Motherhood And Crime, Dorothy E. Roberts

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No abstract provided.