Respectable Queerness, 2012 Brooklyn Law School
Renegotiating The Social Contract, 2012 University of Tennessee College of Law
Renegotiating The Social Contract, Jennifer S. Hendricks
Michigan Law Review
Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option"-not to mention a single-payer system-was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive. In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of …
Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, 2012 University of Arkansas at little Rock William H. Bowen School of Law
Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings
Faculty Scholarship
In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …
Against The New Maternalism, 2012 Georgetown University Law Center
Against The New Maternalism, Naomi Mezey, Cornelia T. Pillard
Georgetown Law Faculty Publications and Other Works
The biggest challenge for sex equality in the 21st Century is to dismantle inequality between women and men’s family care responsibilities. American law has largely accomplished formal equality in parenting by doing away with explicit gender classifications, along with many of the assumptions that fostered them. In a dramatic change from the mid-20th Century, law relating to family, work, civic participation and their various intersections is now virtually all sex-neutral. As the Supreme Court’s 2003 decision in Nevada Department of Social Services v. Hibbs demonstrates, both Congress and the Court have accepted the feminist critique of sex roles and stereotyping …
Adultery By Doctor: Artificial Insemination, 1890–1945, 2012 Northeastern University School of Law
Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson
Kara W. Swanson
In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …
Bride-Burning: The "Elephant In The Room" Is Out Of Control , 2012 Pepperdine University
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Pepperdine Dispute Resolution Law Journal
This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, 2012 University of Toronto, Faculty of Law
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
Cornell Law Faculty Publications
The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality and …
First Amendment Privacy And The Battle For Progressively Liberal Social Change, 2012 University of Pennsylvania Carey Law School
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, 2012 University of Idaho College of Law
Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit
UMKC Law Review
An introduction is presented in which the editors discuss stories of women legal educators, who have served as Chair of the Association of American Law Schools' (AALS) Women in Legal Education Section in the U.S. and what that service meant to them over the years.
Women In Legal Education Section, 2012 Seton Hall University
Women In Legal Education Section, Elizabeth Defeis
UMKC Law Review
No abstract provided.
Women In Legal Education Iii, 2012 Temple University
A Section Memoir, 2012 Santa Clara University
The Aals Section On Women In Legal Education: The Past And The Future, 2012 Brooklyn Law School
The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider
UMKC Law Review
No abstract provided.
The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, 2012 University of Missouri-Kansas City School of Law
The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox
UMKC Law Review
No abstract provided.
Civil Rights Reform And The Body, 2012 University of Pennsylvania Carey Law School
Civil Rights Reform And The Body, Tobias Barrington Wolff
All Faculty Scholarship
Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …
1992: A Year Of Women, Bravery, And Growth, 2012 University of Maryland School of Law
1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy
UMKC Law Review
No abstract provided.
Reflections From An Era Of Breaking Glass - 1984-1998, 2012 University of Louisville Brandeis School of Law
Reflections From An Era Of Breaking Glass - 1984-1998, Laura Rothstein
UMKC Law Review
No abstract provided.
Memory Or Imagination: Reflections On The Section On Women In Legal Education, 2012 University of Missouri-Kansas City School of Law
Memory Or Imagination: Reflections On The Section On Women In Legal Education, Joyce E. Mcconnell
UMKC Law Review
No abstract provided.
The Law Is Male, 2012 Texas A&M University School of Law
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, 2012 Pepperdine University
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
Pepperdine Dispute Resolution Law Journal
This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …