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Full-Text Articles in Law
Patriarchal Violence, Rona Kaufman
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
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
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
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
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
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
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
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
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
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
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
Natural Law, Equality, And Same-Sex Marriage, Perry Dane
Buffalo Law Review
No abstract provided.
Fear Of The Queer Child, Clifford J. Rosky
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Lessons Of Difference: Feminist Theory On Cultural Diversity, Nitya Duclos
Buffalo Law Review
No abstract provided.