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Full-Text Articles in Law

A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell Sep 2009

A Comparison Of The Treatment Of Transgender Persons In The Criminal Justice Systems Of Ontario, Canada, New York, And California, Ally Windsor Howell

Buffalo Public Interest Law Journal

No abstract provided.


Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle Sep 2009

Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein Sep 2009

Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The Salience Of Gender In The Choice Of Law Careers In The Public Interest, Cynthia Fuchs Epstein, Hella Winston Sep 2009

The Salience Of Gender In The Choice Of Law Careers In The Public Interest, Cynthia Fuchs Epstein, Hella Winston

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell Sep 2009

We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg Sep 2009

Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Suffrage And The Terms Of Labor, Robert J. Steinfeld Aug 2009

Suffrage And The Terms Of Labor, Robert J. Steinfeld

Contributions to Books

Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.

Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …


Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey Jul 2009

Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey

Contributions to Books

Published as Chapter 12 in Gender Equality: Dimensions of Women's Equal Citizenship, Linda C. McClain & Joanna L. Grossman, eds.

This chapter links the failure of U.S. social citizenship ideals to a broader weakness in U.S. ideas citizenship. To better advance policies of economic equality, U.S. law and politics needs a stronger vision not just of economic equality, but of gender equality and of democracy in general. Feminist scholars have analyzed how ideas about gender help shape the common assumption that the costs of raising and sustaining capable, productive citizens are largely private family responsibilities. But ideas about gender also …


Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey Jan 2009

Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey

Contributions to Books

Published in Progressive Lawyering, Globalization, and Markets: Rethinking Ideology and Strategy, Claire Dalton, ed.


How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey Jan 2009

How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey

Contributions to Books

Published in Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, Martha Albertson Fineman, Jack E. Jackson & Adam P. Romero, eds.

Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism's turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on and reinforces the identity conventions and regulatory constraints it claims to unsettle. The meaningful question for queer theory, for feminism, and for legal economics, is what kind of state and morality to pursue, not whether individual choice and private …