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Articles 1 - 17 of 17
Full-Text Articles in Law
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed
Faculty Scholarship
Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …
The Dangers Of Summary Judgment: Gender And Federal Civil Litigation, Elizabeth M. Schneider
The Dangers Of Summary Judgment: Gender And Federal Civil Litigation, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Girl, Fight!, Angela Onwuachi-Willig
Girl, Fight!, Angela Onwuachi-Willig
Faculty Scholarship
Today's twenty and thirty-something women have grown up in a world that is strikingly different from their mothers. Unlike their mothers, many of these women played sports in high school because of Title IX. Indeed, this generation of women has the opportunity to play professional basketball in the United State as opposed to just in Europe. A number of these women attend and study at colleges and universities with female presidents. Such women include undergraduate and graduate students at Harvard University, where Drew Gilpin Faust recently became the institution's first female President. Additionally, during the prime years of their careers, …
Brief For Pb&J, Family Services, Inc. As Amicus Curiae, Antoinette M. Sedillo Lopez, Iris Augusten, Deana M. Bennett, Amber Chavez, Kimberly Halpain, Leigh K. Haynes, Cody Lujan
Brief For Pb&J, Family Services, Inc. As Amicus Curiae, Antoinette M. Sedillo Lopez, Iris Augusten, Deana M. Bennett, Amber Chavez, Kimberly Halpain, Leigh K. Haynes, Cody Lujan
Faculty Scholarship
PB&J, Family Services, Inc., through this brief as amicus curiae, has demonstrated that the decision rendered by the Court of Appeals was correct. The New Mexico Legislature did not draft NMSA 1978, § 36-6-1(D) (1973) to encompass the situation of a pregnant woman using drugs or alcohol during pregnancy. The Legislatures failure to pass legislation specifically criminalizing such conduct after careful consideration indicates that the Legislature did not intend for the statute to be so broadly construed. This is particularly true when considering the fiscal impact reports accompanying the proposed legislation. This decision by the Legislature is consistent with sound …
Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis
Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis
Faculty Scholarship
This Article examines the public controversy that erupted after local media reported on a comment the Author made about the University of Iowa's decision to renovate the football stadium's visiting team locker room entirely in pink. The Author submitted a statement in response to the University Steering Committee on NCAA Certification's request for feedback on a draft report and suggested that the "joke" behind the pink decor traded in sexist and homophobic values. As such, the Author concluded that it belonged in the comprehensive analysis of gender equity that the committee was preparing. The Author immediately received hundreds of hateful …
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein
Faculty Scholarship
No abstract provided.
Antigona: A Voice Rebuking Power, Margaret E. Montoya
Antigona: A Voice Rebuking Power, Margaret E. Montoya
Faculty Scholarship
No abstract provided.
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh S. Goodmark
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner
Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner
Faculty Scholarship
No abstract provided.
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo
Faculty Scholarship
No abstract provided.
A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer
A Moratorium On Intersex Surgeries?: Law, Science, Identity, And Bioethics At The Crossroads, Laura Hermer
Faculty Scholarship
Should the law prevent all parents and guardians from requesting and consenting to cosmetic genital surgeries on children with certain intersex conditions before the children are mature enough to decide the matter for themselves? While such surgeries ought not to be encouraged, banning the surgeries altogether, as some advocate, would hobble, if not eliminate, the burgeoning scientific investigation of the best treatment practices for different intersex conditions. It would also remove a surgical option that, according to data in a number of studies, has resulted in subjectively satisfactory outcomes for many patients.
Latino Inter-Ethnic Employment Discrimination And The Diversity Defense, Tanya K. Hernandez
Latino Inter-Ethnic Employment Discrimination And The Diversity Defense, Tanya K. Hernandez
Faculty Scholarship
With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary but also will become even more complex. Recent scholarship has focused on analyzing how best to promote effective coalition building. Thus far, scholars have not examined what that growing racial and ethnic diversity will mean in the context of individual racial and ethnic discrimination claims. What will antidiscrimination litigation look like when all the parties involved are non-White but nonetheless plaintiffs allege that a racial hierarchy exists …
Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg
Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg
Faculty Scholarship
Hello. I'm Suzanne Goldberg. I am pleased to welcome you to the first of two afternoon panels as part of the Women's Rights Law Reporter Symposium, "Lessons Learned: Gender Analyses of Past Policies and Practices." Thank you to Dr. Enarson for the wonderful opening to our conversation today. She has inspired us to think about broadening our analytic lens by foregrounding questions of gender in our consideration of disasters and disaster relief.
Developing Markets In Baby-Making: In The Matter Of Baby M, Carol Sanger
Developing Markets In Baby-Making: In The Matter Of Baby M, Carol Sanger
Faculty Scholarship
In this Essay, I want to explore the Baby M case from a different, less philosophical perspective. The question I pose is simply this: how did the Sterns and the Whiteheads find one another in the first place? After all, apart from their New Jersey location (and a shared fondness for Bruce Springsteen), the two couples had little in common. Mary Beth was a high school dropout; Betsy had a Ph.D. and M.D. from the University of Michigan. Rick was a Vietnam vet fighting an ongoing battle with unemployment and alcoholism; Bill led what close friends called "a quiet, industrious …
Abortion, Equality, And Administrative Regulation, Gillian E. Metzger
Abortion, Equality, And Administrative Regulation, Gillian E. Metzger
Faculty Scholarship
Abortion and equality are a common pairing; courts as well as legal scholars have noted the importance of abortion and a woman's ability to control whether and when she has children to her ability to participate fully and equally in society. Abortion and administrative regulation, on the other hand, are a more unusual combination. Most restrictions on abortion are legislatively imposed, while guarantees of reproductive freedom are constitutionally derived, so administrative law does not frequently figure in debates about access to abortion.
International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm
International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm
Faculty Scholarship
The Supreme Court's decision in Johnson Controls is the culmination of a long legal campaign by labor, women's rights, and workplace safety advocates to invalidate restrictions on women's employment based on pregnancy. This campaign powerfully demonstrates the use of amicus briefs as opportunities to link the efforts of groups with overlapping agendas and to shape the Supreme Court's understanding of the surrounding empirical, social and political context. But Johnson Controls also provides important lessons about the narrowing effects and fragility of litigation-centered mobilization. The case affirmed an important anti-discrimination principle but ironically left women (and men) with the right to …