The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, 2013 University of Colorado Law School
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey
Publications
This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims of intimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth.
While the situation that gave rise to the battered women's movement in the 1970s is often presumed …
Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, 2013 Scripps College
Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss
Scripps Senior Theses
During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …
Masculinity, Labor, And Sexual Power, 2013 University of Nevada, Las Vegas -- William S. Boyd School of Law
Masculinity, Labor, And Sexual Power, Ann C. Mcginley
Scholarly Works
This Essay focuses on gender and sexuality to analyze Hannah Rosin's thesis in the The End of Men. It relies in large part on feminist and masculinities theories to consider how men and women may both suffer gendered disadvantage. It looks specifically at Las Vegas, a market that is sexualized, in order to complicate Rosin's narrative, and to create a better understanding of what is happening in the U.S. workforce. While the Las Vegas market is not representative of markets across the country, it is economically and socially significant and, with the expansion of the casino and gaming industries …
A Bibliography Of Title Ix Of The Education Amendments Of 1972, 2013 University of Maine School of Law
A Bibliography Of Title Ix Of The Education Amendments Of 1972, Christine Iaconeta Dulac
Faculty Publications
It has been thirty-five years since the passage of Title IX of the Education Amendment of 1972. Title IX provides that no person shall be excluded from participation in any educational program or activity that receives federal funding. This legislation is credited with bolstering the participation rates of girls and women in athletics. Although athletics are not explicitly addressed in the statutory language, Title IX requires schools to offer male and female students equal opportunities to play sports, to give male and female athletes their fair share of athletic scholarship money, and to treat male and female athletes equally in …
‘Don't Read The Comments!’: Reflections On Writing And Publishing Feminist Socio-Legal Research As A Young Scholar, 2013 Allard School of Law at the University of British Columbia
‘Don't Read The Comments!’: Reflections On Writing And Publishing Feminist Socio-Legal Research As A Young Scholar, Emma Cunliffe
All Faculty Publications
This article responds to reviews written by Eve Darian-Smith and Mehera San Roque and published in Feminists@Law. Darian-Smith and San Roque's reviews focus on the contributions made by my 2011 book, Murder, Medicine and Motherhood. In this response, I have taken the opportunity to reflect a little on the experience of writing Murder, Medicine and Motherhood, and on its reception. In the first section, I trace the choices and unanticipated challenges that structured my research for Murder, Medicine and Motherhood. Both Darian-Smith and San Roque have commented on this methodology, and I have noticed that after publication, the scope and …
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, 2013 University of Pennsylvania Carey Law School
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
Homonationalism, State Rationalities, And Sex Contradictions, 2013 CUNY Graduate Center, CUNY Brooklyn College
Homonationalism, State Rationalities, And Sex Contradictions, Paisley Currah
Publications and Research
Celebrating the re-election of Barack Obama as a win for GLB equality or denouncing the focus on marriage rights as heteronormative misses the point. Both approaches obscure what actually happens in local sites where authority is exercised. Looking into the cracks and crevices of regulatory apparatuses generates a more complex picture. In examining contradictory rules on sex classification, for example, it becomes clear those contradictions often reflect different state projects, such as security, distribution, reproduction. Construing the election as a victory for gay rights or for homonormativity elevates grand concepts—marriage, the state—over the quotidian actions that regulate life.
The Case For Decriminalization Of Sex Work In South Africa, 2013 Fordham University School of Law
The Case For Decriminalization Of Sex Work In South Africa, Chi Adanna Mgbako, Katherine G. Bass, Erica Bundra, Mehak Jamil, Jere Keys, Lauren Melkus
Faculty Scholarship
Activists for sex worker rights in South Africa are leading a sophisticated national campaign to decriminalize sex work. This Article serves as an act of solidarity with these activists’ continued efforts to fight for and realize sex workers’ human rights by examining the negative impact that criminalizing prostitution has on sex workers’ rights and presenting evidence-based arguments to show that South Africa should enact legislation to fully decriminalize sex work. South African sex workers’ real-life experiences with violence, police abuse, and lack of access to health care and the justice system, highlighted through interviews conducted by the authors during fieldwork …
High Court To Consider Global Aids Funding Restrictions, 2013 New York Law School
High Court To Consider Global Aids Funding Restrictions, Arthur S. Leonard
Other Publications
No abstract provided.
City Faces Trans Woman’S Claim Of Hostile Treatment, 2013 New York Law School
City Faces Trans Woman’S Claim Of Hostile Treatment, Arthur S. Leonard
Other Publications
No abstract provided.
No Clear Majority On Merits Evident During Prop 8 Arguments, 2013 New York Law School
No Clear Majority On Merits Evident During Prop 8 Arguments, Arthur S. Leonard
Other Publications
No abstract provided.
Equality Arguments For Abortion Rights, 2013 Duke Law School
Equality Arguments For Abortion Rights, Neil S. Siegel, Reva B. Siegel
Faculty Scholarship
Roe v. Wade grounds constitutional protections for women’s decision whether to end a pregnancy in the Due Process Clauses. But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, the Court and individual Justices have begun to employ equality arguments in analyzing the constitutionality of abortion restrictions. These arguments first appear inside of substantive due process case law, and then as claims …
Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, 2013 Duke Law School
Top Ten Reasons Sen. Gillibrand’S Bill Is The Wrong Solution To Military Sexual Assault, Charles J. Dunlap Jr.
Faculty Scholarship
Over the years Congress has made plenty of efforts to “improve” the military justice system for a variety of reasons, but few matters have generated more offerings than did the Pentagon’s report this past spring of an estimated 26,000 victims of “unwanted sexual contacts” in the armed forces. Some initiatives to address this very critical problem, like the bipartisan effort of Senators Barbara Boxer and Lindsey Graham, look promising; others, not so much.
However, none are as misguided as Sen. Kirsten Gillibrand’s proposal. Indeed, it is hard to think of a proposal that could be more wrong for the military, …
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, 2013 University of Pittsburgh School of Law
Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley
Articles
This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …
The Moonscape Of Tax Equality: Windsor And Behyond, 2013 University of Pittsburgh School of Law
The Moonscape Of Tax Equality: Windsor And Behyond, Anthony C. Infanti
Articles
This essay takes a critical look at the tax fallout from the U.S. Supreme Court’s decision in United States v. Windsor, which declared section three of the federal Defense of Marriage Act (DOMA) unconstitutional. The essay is important because, while other federal laws will apply to some same-sex couples some of the time, the federal tax laws are a concern for all same-sex couples all of the time. The essay is timely because it addresses the recently issued IRS guidance regarding the tax treatment of same-sex couples.
In this essay, I first describe the path that led to the decision …
Whose Pregnancy Is It Anyway? The Intrusion Of Abortion-Related Informed Consent Laws And Compelled Medical Treatment On The Doctor-Pregnant Patient Relationship, 2013 Seton Hall Law
Whose Pregnancy Is It Anyway? The Intrusion Of Abortion-Related Informed Consent Laws And Compelled Medical Treatment On The Doctor-Pregnant Patient Relationship, Jennifer Jascoll
Student Works
No abstract provided.
Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, 2013 University of Washington School of Law
Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, Dana Raigrodski
Articles
This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves …
No Promo Hetero: Children's Right To Be Queer, 2013 S.J. Quinney College of Law, University of Utah
No Promo Hetero: Children's Right To Be Queer, Clifford Rosky
Utah Law Faculty Scholarship
This Article argues that the government has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand. Building upon a familiar schema of legal scholarship on LGBT rights, this Article challenges the state’s interest in promoting heterosexuality by articulating a tripartite defense of children’s speech, status, and conduct. It argues that these three aspects of homosexuality are connected to and protected by three constitutional clauses — the First Amendment, …
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, 2013 Duke Law School
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Faculty Scholarship
No abstract provided.
Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), 2013 UIC School of Law
Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui
UIC Law Review
No abstract provided.