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Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino

Scholarly Works

In its broadest sense, the Article examines the relationship between science and the law in the context of postpartum illness. From classical antiquity to the present day, physicians and scientists have investigated the causes, correlates, and consequences of the depressions and psychoses that develop in some women following their transition to motherhood. The scientific investigation of postpartum illness has been characterized by an open-ended search for knowledge with the recgonition that scientific findings published one day are subject to revision the next. Legislators and judges also have sought to understand postpartum illness as necessary to make laws that affect and ...


Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson

Scholarly Works

This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.


Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros 2009 University of San Francisco School of Law

Immigrant Workers And The Thirteenth Amendment, Maria Ontiveros

Maria L. Ontiveros

This chapter examines the treatment of immigrant workers through the lens of the Thirteenth Amendment. It examines how the intersection of labor and immigration laws impact immigrant workers in general, "guest workers" and undocumented immigrants. It argues that immigrant workers can be seen as a caste of nonwhite workers laboring beneath the floor for free labor in ways which violate the Thirteenth Amendment. Further, it suggests ways in which immigrant workers can use the Thirteenth Amendment to improve their situation and offers an analysis of how the Thirteenth Amendment can form a bridge for organizing between labor, civil rights, immigration ...


Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless 2009 University of Miami School of Law

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s ...


Credit For Motherhood, Melissa Jacoby 2009 University of North Carolina at Chapel Hill

Credit For Motherhood, Melissa Jacoby

Melissa B. Jacoby

This essay builds on prior work exploring the impact of consumer lenders who sell credit products for assisted reproduction and adoption. After reviewing some basic attributes of the parenthood lending market, the essay discusses how not-for-profit lenders promote traditional conceptions of motherhood and the division of carework in ways that credit discrimination laws were not designed to address. The essay also articulates some incentives of for-profit lenders to sell motherhood and potential implications for women who are ambivalent about becoming parents.


Perspectives On Fundamental Rights In South Asia, Anil Kalhan 2009 Drexel University School of Law; University of California, Berkeley, School of Law

Perspectives On Fundamental Rights In South Asia, Anil Kalhan

Anil Kalhan

This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In ...


Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George 2009 Lincoln Memorial University-Duncan School of Law

Parents Super-Sizing Their Children: Criminalizing And Prosecuting The Rising Incidence Of Child Obesity As Abuse, Cheryl George

Cheryl Page

No abstract provided.


Whose Zero Tolerance Counts? Reassessing A Zero Tolerance Policy Against Sexual Exploitation And Abuse By Un Peacekeepers, Machiko Kanetake 2009 Utrecht University

Whose Zero Tolerance Counts? Reassessing A Zero Tolerance Policy Against Sexual Exploitation And Abuse By Un Peacekeepers, Machiko Kanetake

Machiko Kanetake

No abstract provided.


Islam And Human Rights: Selected Essays Of Abdullahi An-Na'im, Mashood Baderin 2009 SOAS, University of London

Islam And Human Rights: Selected Essays Of Abdullahi An-Na'im, Mashood Baderin

Mashood A. Baderin

The relationship between Islam and human rights forms an important aspect of contemporary international human rights debates. Current international events have made the topic more relevant than ever in international law discourse. Professor Abdullahi An-Na'im is undoubtedly one of the leading international scholars on this subject. He has written extensively on the subject and his works are widely referenced in the literature. His contributions on the subject are however scattered in different academic journals and book chapters. This anthology is designed to bring together his academic contributions on the subject under one cover, for easy access for students and ...


Tribal Land Laws In Andhra Pradesh, Hari Priya 2009 NALSAR University of Law

Tribal Land Laws In Andhra Pradesh, Hari Priya

Hari Priya

No abstract provided.


Rights In Immigration: The Veil As A Test Case, Gila Stopler 2009 College of Law and Bussines, Israel

Rights In Immigration: The Veil As A Test Case, Gila Stopler

Gila Stopler

Immigration often involves the migration of people of specific cultural and religious background to countries in which the predominant cultural and religious background is quite different. This may result in attempts by receiving countries to restrict the new immigrants' cultural and religious practices. The paper uses the debate surrounding the wearing of the veil in Europe as a test case for the way in which recognition rights may be affected by the process of immigration. First, the paper maintains that the balance of rights and interests involved in conflicts over immigrants' rights changes along the process of immigration, and divides ...


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice Batlan 2009 Chicago-Kent College of Law

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice Batlan

Felice J Batlan

No abstract provided.


Women And Private Military And Security Companies, Ana Filipa Vrdoljak 2009 University of Western Australia

Women And Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Lack of clarity about the application of international law norms and inadequacies of existing regulatory regimes covering private military and security companies have reinforced concerns about transparency and accountability in respect of gender-related violence, harassment and discrimination. This chapter focuses on the main issues and legal concerns raised by the impact of the privatisation of war on women, both as PMSC employees and civilians. Part I highlights how armed conflict, civil unrest, occupation and transition have a detrimental effect upon the lives of women with particular reference to safety, displacement, health and economic disadvantage. Part II provides a summary of ...


Race Treason: The Untold Story Of America's Ban On Polygamy, Martha Ertman 2009 Selected Works

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha Ertman

Martha M. Ertman

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce ...


Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart 2009 University of Colorado at Boulder

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart

Melissa R Hart

No abstract provided.


Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy Knauer 2009 Temple University School of Law

Gay And Lesbian Elders: Estate Planning And End-Of-Life Decisionmaking, Nancy Knauer

Nancy J. Knauer

This Article addresses the three areas of core concern for gay and lesbian elders -- chosen family, financial insecurity, and anti-gay bias in the context of estate planning. The first section provides an overview of the current generation of gay and lesbian elders, including a summary of pre-Stonewall history and existing demographic information. The second section outlines the challenges associated with drafting an estate plan that favors chosen family over next of kin. The third section engages the topic of financial insecurity, discussing various benefits and government programs, such as social security and Medicaid planning. The fourth and final section discusses ...


Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig 2009 Selected Works

Converging Queer And Feminist Legal Theories: Family Feuds And Family Ties, Elaine Craig

Elaine Craig

The notion that queer theory and feminism are inevitably in tension with one another has been well developed both by queer and feminist theorists. Queer theorists have critiqued feminist theories for being anti-sex, overly moralistic, essentialist, and statist. Feminist theorists have rejected queer theory as being un-critically pro-sex and dangerously protective of the private sphere. Unfortunately these reductionist accounts of what constitutes a plethora of diverse, eclectic and overlapping theoretical approaches to issues of sex, gender, and sexuality, often fail to account for the circumstances where these methodological approaches converge on legal projects aimed at advancing the complex justice interests ...


Teaching The Tensions, Angela Harris 2009 University of California - Davis

Teaching The Tensions, Angela Harris

Angela P Harris

No abstract provided.


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens 2009 Northeastern University School of Law

Denying Choice Of Forum: An Interference By The Massachusetts Trial Court With Domestic Violence Victims' Rights, Margaret B. Drew, Marilu E. Gresens

Margaret B Drew

The article discusses the due process denials inherent in the Massachusetts scheme designed to defeat the victim's choice of forum for hearing on a civil protection order petition. The scheme would divert many protection orders to family court even though the statute in question permits filing and hearing of the petitions in district, superior and famiy courts. The diversion would be available whenever there is a related case filed in family court at the time that the petition for protection is filed. More alarmingly, the petition could be diverted to family court if a subsequent action was filed in ...


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