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Full-Text Articles in Law

Patriarchal Violence, Rona Kaufman May 2023

Patriarchal Violence, Rona Kaufman

Buffalo Law Review

For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women’s inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist theorists have devoted decades to conceptualizing various manifestations of such violence, ranging from private acts, such as sexual assault and intimate partner abuse, to public acts, such as the incarceration of mothers and the criminalization of pregnancy. In this article, I argue in favor of conceptualizing the many …


Talking About Talking About Surrogacy, Michael Boucai May 2023

Talking About Talking About Surrogacy, Michael Boucai

Buffalo Law Review

No abstract provided.


You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy Jun 2022

You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy

Buffalo Law Review

No abstract provided.


Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman Jun 2021

Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman

Buffalo Law Review

The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT rights jurisprudence. Bostock’s rule-of-law norm …


Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson Apr 2021

Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson

Buffalo Law Review

This Article argues that Mayor Pete Buttigieg seized the national imagination and a substantial number of Democratic delegates through the combination of his gay identity and his alignment with masculinity norms generally assigned to heterosexual men, and by taking aim at more senior and qualified women candidates, namely Senators Elizabeth Warren and Amy Klobuchar. Buttigieg’s unprecedented success suggests that some White gay men now enjoy a unique pathway to reclaiming their status as men and asserting White male privilege. In short, contrary to pervasive media claims, Buttigieg’s success should be read as a breakthrough for certain White gay men, but …


The “Pink Ghettos” Of Public Interest Law: An Open Secret, Sandra Simkins May 2020

The “Pink Ghettos” Of Public Interest Law: An Open Secret, Sandra Simkins

Buffalo Law Review

There is a downside to public interest law careers and law school pro bono work for women. Law schools cue women to enter and remain at lower rungs of the profession by normalizing women in “caregiving” roles and locking predominantly female clinicians who do public interest work into a lower level status. The ABA contributes to this structural devaluation by ignoring female public interest lawyers. When combined with the culture of public interest organizations, these factors contribute to women’s stagnant progress in the legal profession.

This Article is the first to address this issue comprehensively. It describes the challenges women …


Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister Aug 2019

Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister

Buffalo Law Review

This Article examines whether sexual orientation discrimination claims are a form of sex-plus discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination in employment on the basis of “sex.” Until very recently, every United States Court of Appeals to have interpreted Title VII’s prohibition of sex discrimination had determined that it does not encompass claims on the basis of sexual orientation. Times, and judicial interpretations, are changing. In April 2017, the United States Court of Appeals for the Seventh Circuit overturned decades of precedent by holding that sexual orientation discrimination claims are indeed encompassed …


Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré May 2018

Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré

Buffalo Law Review

Over especially the last 50 to 60 years, US laws and policies concerning the sexual relationships between men and women have more consciously articulated a need to pursue social justice according to the categories of autonomy, equality, diversity and care for the poor. These categories are admirable on their face and responsive to the times in which they emerged. They are particularly well-suited to the history of discrimination against women and African Americans in the US. They were strongly influenced, inter alia, by the development of contraceptive technology and an array of social welfare initiatives, the rise of feminism and …


Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel Dec 2015

Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel

Buffalo Law Review

No abstract provided.


My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White Dec 2015

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Buffalo Law Review

No abstract provided.


Common Law Fundamentals Of The Right To Abortion, Anita Bernstein Dec 2015

Common Law Fundamentals Of The Right To Abortion, Anita Bernstein

Buffalo Law Review

No abstract provided.


Natural Law, Equality, And Same-Sex Marriage, Perry Dane Apr 2014

Natural Law, Equality, And Same-Sex Marriage, Perry Dane

Buffalo Law Review

No abstract provided.


Fear Of The Queer Child, Clifford J. Rosky May 2013

Fear Of The Queer Child, Clifford J. Rosky

Buffalo Law Review

No abstract provided.


"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris Apr 2013

"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris

Buffalo Law Review

No abstract provided.


Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith Apr 2013

Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith

Buffalo Law Review

No abstract provided.


Two Stories About Two Currencies Of Care, Hendrik Hartog Apr 2013

Two Stories About Two Currencies Of Care, Hendrik Hartog

Buffalo Law Review

No abstract provided.


When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey Apr 2013

When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey

Buffalo Law Review

This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …


Sexing Harris: The Law And Politics Of The Movement To Defund Planned Parenthood, Mary Ziegler May 2012

Sexing Harris: The Law And Politics Of The Movement To Defund Planned Parenthood, Mary Ziegler

Buffalo Law Review

No abstract provided.


100 Years Of Women At The University Of Buffalo, Buffalo Law Review Oct 1999

100 Years Of Women At The University Of Buffalo, Buffalo Law Review

Buffalo Law Review

No abstract provided.


Women's Freedom To Contract At Divorce: A Mask For Contextual Coercion, Penelope Eileen Bryan Oct 1999

Women's Freedom To Contract At Divorce: A Mask For Contextual Coercion, Penelope Eileen Bryan

Buffalo Law Review

No abstract provided.


Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson Jan 1999

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson

Buffalo Law Review

No abstract provided.


Susan Glaspell's Trifles And A Jury Of Her Peers: Woman Abuse In A Literary And Legal Context, Marina Angel Oct 1997

Susan Glaspell's Trifles And A Jury Of Her Peers: Woman Abuse In A Literary And Legal Context, Marina Angel

Buffalo Law Review

No abstract provided.


Justifying The Unjustifiable: Rite V. Wrong, Abbie J. Chessler Apr 1997

Justifying The Unjustifiable: Rite V. Wrong, Abbie J. Chessler

Buffalo Law Review

No abstract provided.


Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman Dec 1995

Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman

Buffalo Law Review

No abstract provided.


The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley Apr 1993

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.


Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder Apr 1993

Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder

Buffalo Law Review

No abstract provided.


Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree Apr 1993

Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree

Buffalo Law Review

No abstract provided.


A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee Apr 1993

A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee

Buffalo Law Review

No abstract provided.


Status And Contract In Surrogate Motherhood: An Illumination Of The Surrogacy Debate, Janet L. Dolgin Apr 1990

Status And Contract In Surrogate Motherhood: An Illumination Of The Surrogacy Debate, Janet L. Dolgin

Buffalo Law Review

No abstract provided.


Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos Apr 1990

Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos

Buffalo Law Review

No abstract provided.