The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, 2016 Osgoode Hall Law School of York University
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
No abstract provided.
It's About Money: The Fundamental Contradiction Of "Hobby Lobby", 2016 USC Law School
It's About Money: The Fundamental Contradiction Of "Hobby Lobby", Nomi M. Stolzenberg
University of Southern California Legal Studies Working Paper Series
This Article contends that arguments for and against Hobby Lobby both fail to comprehend the special nature of money. As a consequence, opponents of Hobby Lobby wrongly deny the existence of a substantial burden, while Hobby Lobby's supporters fail to see that the understanding of financial transactions that underlies their conception of complicity refutes their libertarian views. Financial complicity, as construed by Hobby Lobby's proponents, should be recognized as a burden on religious exercise. But for the same reason that the financial obligations imposed by the "contraceptive mandate" constitute a burden, they also correlate to countervailing state interests ...
Precedents, Patterns And Puzzles: Feminist Reflections On The First Women Lawyers, 2016 Osgoode Hall Law School of York University
Precedents, Patterns And Puzzles: Feminist Reflections On The First Women Lawyers, Mary Jane Mossman
Articles & Book Chapters
This paper initially examines the historical precedents established by some of the first women who entered the “gentleman’s profession” of law in different jurisdictions, as well as the biographical patterns that shaped some women’s ambitions to enter the legal professions. The paper then uses feminist methods and theories to interpret “puzzles that remain unsolved” about early women lawyers, focusing especially on two issues. One puzzle is the repeated claims on the part of many of these early women lawyers that they were “lawyers”, and not “women lawyers”, even as they experienced exclusionary practices and discrimination on the part ...
Result Inequality In Family Law, 2016 Notre Dame Law School
Result Inequality In Family Law, Margaret Brinig
Margaret F Brinig
To the extent that family law is governed by statute, all families are treated as though they are the same. This is of course consistent with the equal protection guarantees of the US Constitution as well as those of the states. However, in our pluralistic society, all families are not alike. At birth, some children are born to wealthy, married parents who will always put the children’s interests first and will never engage in domestic violence. Many laws benefit these children, while, according to some academics, they either further disadvantage other children or at best ignore their needs.
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, 2016 Roger Williams University School of Law
Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland
Law School Blogs
No abstract provided.
Criminal Backgrounds Of Sextraffickers - Abstract, 2016 Independent
Criminal Backgrounds Of Sextraffickers - Abstract, Alexis Piccirillo, Amelia Davis, Emily Markey, Donna M. Hughes Dr.
Donna M. Hughes
The Two Laws Of Sex Stereotyping, 2016 Elisabeth Haub School of Law at Pace University
The Two Laws Of Sex Stereotyping, Noa Ben-Asher
Boston College Law Review
This Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework—from equal opportunity to individual liberty—that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers ...
Underenforcement As Unequal Protection, 2016 Northwestern University Pritzker School of Law
Underenforcement As Unequal Protection, Deborah Tuerkheimer
Boston College Law Review
Rape law is largely underenforced. Yet criticism of policing practices has myopically focused on enforcement excesses, thus overlooking the problem of the state withholding protective resources. This neglect is particularly troubling where sexual violence is at issue. Empirical evidence demonstrates the operation of pervasive biases in police officers’ decisions not to pursue an investigation. Over time, law enforcement officers have discriminated against rape victims with immunity. Recently, however, this has changed. This Article is the first to describe a new effort by the United States Department of Justice to hold law enforcement officers accountable for failing to protect victims of ...
Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, 2016 Roger Williams University
Newsroom: Johnson Wins 2nd Term As Mbwa President 09/28/2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
מיניות מגדר ומשפט חלק ב: לקראת המשגה חדשה של מיניות נשית במשפט הישראלי Sexuality, Gender And Law - Part Ii: Toward A Reconceptualization Of Female Sexuality In Israeli Law, Shulamit Almog, Karin Carmit Yefet
Indigenous Adoption Of Internet Voting: A Case Study Of Whitefish River First Nation, 2016 McMaster University
Indigenous Adoption Of Internet Voting: A Case Study Of Whitefish River First Nation, Chelsea Gabel, Nicole Goodman, Karen Bird, Brian Budd
The International Indigenous Policy Journal
Indigenous communities and organizations are increasingly using digital technologies to build community capacity, strengthen community consultation, and improve political participation. In particular, Internet voting is a type of technology to which First Nations have been drawn. This article explores Whitefish River First Nation's (WRFN) experience introducing Internet voting in the course of ratifying a new matrimonial real property law (MRP). Specifically, we examine the implications of Internet voting for political participation and electoral administration at the community level. Although community members’ uptake of Internet voting was very modest, we find the experience of adoption had other subtle impacts on ...
Section 5: Civil Rights And Liberties, 2016 College of William & Mary Law School
Section 5: Civil Rights And Liberties, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law
Supreme Court Preview
No abstract provided.
The Role Of Personal Laws In Creating A “Second Sex”, 2016 University of Pennsylvania
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Tolerance Of Sexual Harassment: A Laboratory Paradigm, 2016 Rowan University
Tolerance Of Sexual Harassment: A Laboratory Paradigm, David J. Angelone, Damon Mitchell, Kara Carola
The present study attempted to develop a laboratory analogue for the study of tolerance for sexual harassment by using an online speed-dating paradigm. In that context, the relation between participants’ sexual harassment attitudes, perpetrator attractiveness, perpetrator status, and perceived dating potential of the perpetrator were examined as factors influencing participants’ tolerance of sexually harassing behavior. Participants were 128 female college students from a small northeastern public university. Results indicated that attractiveness, high social status, and attitudinal beliefs about sexual harassment were all predictive of tolerance for sexual harassment, providing preliminary support for the validity of this paradigm. In addition, participants ...
Grounding Access To Justice Theory And Practice In The Experiences Of Women Abused By Their Intimate Partners, 2016 Osgoode Hall Law School of York University
Grounding Access To Justice Theory And Practice In The Experiences Of Women Abused By Their Intimate Partners, Janet Mosher
For women seeking to extricate themselves from the web of entrapment woven together by the multiple threads that make up the coercive control repertoire of their abusive intimate partners, it is often difficult to avoid engagement with legal systems. Yet, the legal systems they encounter—criminal, family, child welfare, immigration among them—are frequently unwelcoming (if not hostile), controlling, demeaning, fragmented and contradictory. While there has been a recent explosion of interest in “access to justice,” little attention has been paid to how we might conceptualize access to justice in a manner that speaks meaningfully to the circumstances of women ...
Welfare Queens And Other Fairy Tales: Welfare Reform And Unconstitutional Reproductive Controls, C. R. Albiston, L. B. Nielsen
Catherine R. Albiston
Examines stereotypes of Black women and argues that provisions of current bills that would restrict the reproductive freedom of women on welfare are particularly aimed at them; US. Provisions include mandating of acceptance of the implanted birth control device, Norplant, and denial of increased benefits for any additional children born.
Child Marriage In Yemen: A Violation Of International Law, 2016 University of Georgia School of Law
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, 2016 Seattle University School of Law
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher
Seattle University Law Review
For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization ...
My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, 2016 Ursinus College
My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel
Gender and Women's Studies Summer Fellows
Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice ...
Women's Health And Abortion Rights: Whole Woman's Health V Hellerstedt, 2016 Georgetown University Law Center
Women's Health And Abortion Rights: Whole Woman's Health V Hellerstedt, Lawrence O. Gostin, Rebecca B. Reingold
Georgetown Law Faculty Publications and Other Works
Nearly a quarter century ago, the Supreme Court asked pro-choice and right-to-life advocates “to end their national division by accepting a common mandate rooted in the Constitution.” Nothing of the sort materialized. If anything, the social and political battles intensified, with states enacting 1074 abortion restrictions. The Court has not considered various appeals in the face of an avalanche of legislation, but on June 27, 2016, it struck down 2 onerous restrictions on physicians and clinics offering abortion services.
In Whole Woman’s Health v Hellerstedt, the Court found Texas’s requirements that physicians conducting abortions obtain admitting privileges at ...