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Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence 2012 University of Maryland Francis King Carey School of Law

Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence

Student Articles and Papers

The goals of the Article are twofold. First, this Article will demonstrate that while birthing rights issues have been familiar areas of concern for feminist scholarship on women's rights to privacy and equality, neglecting to integrate this work into the law school classroom fails to promote effective legal advocacy for pregnant women. The violation of women's rights during childbirth is a more common problem than reported legal opinions indicate, and few lawyers are prepared to protect clients prospectively or to vindicate women's rights post-childbirth.


Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas 2012 University of Richmond

Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas

Law Student Publications

This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons....Part II of this comment will focus on the Supreme Court's role in shaping abortion policy....Part III will describe Virginia’s new ultrasound requirement and how the above-mentioned Supreme Court decisions affect the new bill’s legality. Part III(A) will lay out the relevant portions of the bill and discuss its legislative history. Part III(B) will analyze the bill through Casey’s undue burden lens....Part III(C) will argue that requiring a woman to have a mandatory medical procedure effectively prevents her from refusing medical care, …


The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson 2012 Washington and Lee University School of Law

The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson

Scholarly Articles

This Article considers a burning issue in society today— whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate samesex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access and …


The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara 2012 Indiana University Maurer School of Law

The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara

Indiana Law Journal

Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …


Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez 2012 Seattle University

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …


Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman 2012 Montclair State University

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Department of Justice Studies Faculty Scholarship and Creative Works

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …


The New Paternalism: War On Poverty Or War On Women?, Martha F. Davis 2012 NOW Legal Defense and Education Fund

The New Paternalism: War On Poverty Or War On Women?, Martha F. Davis

Martha F. Davis

No abstract provided.


Valuing Women: A Case Study, Martha F. Davis 2012 NOW Legal Defense and Education Fund

Valuing Women: A Case Study, Martha F. Davis

Martha F. Davis

No abstract provided.


The Equal Rights Amendment: Then And Now, Martha F. Davis 2012 Northeastern University School of Law

The Equal Rights Amendment: Then And Now, Martha F. Davis

Martha F. Davis

No abstract provided.


The Caged Canary, Elizabeth Alexander 2012 Selected Works

The Caged Canary, Elizabeth Alexander

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are …


Dark Justice: Women Legal Actors On Basic Cable, Taunya Banks 2012 University of Maryland Francis King Carey School of Law

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

Taunya Lovell Banks

No abstract provided.


Jack The Ripper Lives On… The Need To Recognize Prostitutes As Domestic Violence Victims, Luisa Johnson 2012 University at Buffalo School of Law (Student)

Jack The Ripper Lives On… The Need To Recognize Prostitutes As Domestic Violence Victims, Luisa Johnson

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Federal Fortress Surrounding Police Liability For Failure To Enforce Protection Orders, Stephanie Smiertka 2012 State of Delaware Judicial Law Clerk

The Federal Fortress Surrounding Police Liability For Failure To Enforce Protection Orders, Stephanie Smiertka

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier 2012 University at Buffalo School of Law

Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


In Search Of Federal Remedies For Lgbtq Students Who Are Victims Of Assault And Harassment In School, Jerry Foxhoven 2012 University at Buffalo School of Law

In Search Of Federal Remedies For Lgbtq Students Who Are Victims Of Assault And Harassment In School, Jerry Foxhoven

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Women And Girls Fleeing Conflict: Gender And The Interpretation And Application Of The 1951 Refugee Convention, Valerie Oosterveld 2012 Western Law

Women And Girls Fleeing Conflict: Gender And The Interpretation And Application Of The 1951 Refugee Convention, Valerie Oosterveld

Law Publications

No abstract provided.


Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce 2012 University of Michigan Law School

Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce

University of Michigan Journal of Law Reform

Congress could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. Many school districts are not aware of the prevalence of LGBT bullying and the extent to which each school protects, or fails to protect, its LGBT students compared to other harassed students. LGBT students often encounter difficulty demonstrating that their school district has a policy or custom of deliberate indifference toward their equal treatment when a school does not equally protect an LGBT student from peer-to-peer bullying because of the …


Disiplin Hukum Yang Mewujudkan Kesetaraan Dan Keadilan Gender (Law Discipline To Manifest Gender Equality And Justice), Tien Handayani Nafi 2012 Faculty of Law Universitas Indonesia

Disiplin Hukum Yang Mewujudkan Kesetaraan Dan Keadilan Gender (Law Discipline To Manifest Gender Equality And Justice), Tien Handayani Nafi

Indonesia Law Review

This 248-page book enable the readers to see the author’s intent to desribe the position of law and gender in law discipline, hence the public (especially the law students) can understand that law and gender can be manifested through law disciplines.


Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist 2012 New York University School of Law

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …


Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr 2012 University of Michigan Law School

Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr

Law & Economics Working Papers

This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by …


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