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Articles 1 - 30 of 35
Full-Text Articles in Law
Patent Performativity, Dan L. Burk
Patent Performativity, Dan L. Burk
Journal of Intellectual Property Law
Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …
Jus Sanguinis Or Just Plain Discrimination? Rejecting A Biological Requirement For Birthright Citizenship Of Children Born Abroad To Same-Sex Couples Via Assisted Reproductive Technology, Thomas Evans
Georgia Law Review
Until recently, the State Department had a policy deeming children born abroad to married same-sex couples to be children born out of wedlock. Then, applying the statute for children born out of wedlock with more rigorous requirements, the State Department only allowed citizenship to pass through a biological relationship between the biological parent and the child.
Although the State Department updated this policy in May 2021 to allow for birthright citizenship of children born abroad to married same-sex couples, the new policy does not go far enough. This Note argues that Congress should amend the Immigration and Nationality Act to …
Two-Dimensional Hard-Soft Law Theory And The Advancement Of Women's And Lgbtq+ Rights Through Free Trade Agreements, Raj Bhala, Cody N. Wood
Two-Dimensional Hard-Soft Law Theory And The Advancement Of Women's And Lgbtq+ Rights Through Free Trade Agreements, Raj Bhala, Cody N. Wood
Georgia Journal of International & Comparative Law
No abstract provided.
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Battle Of The Sexes: Title Vii’S Failure To Protect Women From Discrimination Against Sex-Linked Conditions, Brooks Land
Georgia Law Review
No abstract provided.
Strategies To Promote Women's Participation In Shaping International Law And Policy In An Era Of Anti-Globalism, Patricia Wald
Strategies To Promote Women's Participation In Shaping International Law And Policy In An Era Of Anti-Globalism, Patricia Wald
Georgia Journal of International & Comparative Law
No abstract provided.
A Tribute To Hope Lewis, Karen E. Bravo
A Tribute To Hope Lewis, Karen E. Bravo
Georgia Journal of International & Comparative Law
No abstract provided.
Immigration And Naturalization-Petition For Naturalization-Alien, A Veteran Who Served Honorably In The United States Armed Forces, And Whose Requirements For Citizenship Are Otherwise Eased, Cannot Be Denied Citizenship For Lack Of "Good Moral Character" Solely On The Basis Of His Homosexuality, Walter E. Leggett Jr
Georgia Journal of International & Comparative Law
No abstract provided.
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer
Schools Are Employers Too: Rethinking The Institutional Liability Standard In Title Ix Teacher-On-Student Sexual Harassment Suits, Kathleen Mary E. Mayer
Georgia Law Review
To be entitled to any remedy under Title IX, students bringing private causes of action must show that their schools acted with actual knowledge and deliberate indifference. That liability standard is applied to both teacher-on-student and peer-on-peer harassment claims, without regard for an educational institution's relative control over the conduct of its employees versus its students. Schools should be held to a stricter standard in teacher-on-student cases than in peer-on-peer cases for numerous reasons of both law and policy. Considering that Title VII standards of liability do turn on relative control, a quirky imbalance results whereby a school is more …
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley
Georgia Journal of International & Comparative Law
No abstract provided.
General Discussion, Third Comparative Labor Law Roundtable
General Discussion, Third Comparative Labor Law Roundtable
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Georgia Journal of International & Comparative Law
No abstract provided.
Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain
Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick
Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick
Georgia Journal of International & Comparative Law
No abstract provided.
Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon
Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon
Georgia Journal of International & Comparative Law
No abstract provided.
Gender Discrimination - European Economic Community - European Court Of Justice Determines That A Non-Contributory Occupational Pension Scheme Should Not Discriminate On The Basis Of Sex. Barber V. Royal Exchange Assurance Group, 1990 E. Comm. Ct. J. Rep. ___, [1990] 2 Comm. Mkt. L. Rep. 513., R. Mace Flournoy
Georgia Journal of International & Comparative Law
No abstract provided.
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran
The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran
Georgia Journal of International & Comparative Law
No abstract provided.
An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor
An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor
Georgia Journal of International & Comparative Law
No abstract provided.
Litigating Customary International Human Rights Norms, Beth Stephens
Litigating Customary International Human Rights Norms, Beth Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Georgia Journal of International & Comparative Law
No abstract provided.
Lawful Wife, Unlawful Sex - Examining The Effect Of The Criminalization Of Marital Rape In England And The Republic Of Ireland, Melisa J. Anderson
Lawful Wife, Unlawful Sex - Examining The Effect Of The Criminalization Of Marital Rape In England And The Republic Of Ireland, Melisa J. Anderson
Georgia Journal of International & Comparative Law
No abstract provided.
A Brief Introduction To The Relationship Between Sexuality And Rights, Oliver Phillips
A Brief Introduction To The Relationship Between Sexuality And Rights, Oliver Phillips
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Recognition Of Gender Change For Transsexual Persons In The United Kingdom: The Human Rights Act 1998 And "Compatibility" With European Human Rights Law, Robert E. Rains
Georgia Journal of International & Comparative Law
No abstract provided.
Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee
Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee
Georgia Journal of International & Comparative Law
No abstract provided.
Equality And The European Union, Elizabeth F. Defeis
Equality And The European Union, Elizabeth F. Defeis
Georgia Journal of International & Comparative Law
No abstract provided.
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts' Equality Jurisprudence, Eileen Kaufman
Georgia Journal of International & Comparative Law
No abstract provided.
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.