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Full-Text Articles in Law
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
William & Mary Journal of Race, Gender, and Social Justice
In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
William & Mary Journal of Race, Gender, and Social Justice
Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.
Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler
Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler
William & Mary Bill of Rights Journal
In 2016, Donald Trump ignited a political firestorm when he suggested that women should be punished for having abortions. Although he backtracked, Trump’s misstep launched a debate about whether women have been or should be punished for having abortions. At the same time, Trump’s comments revealed that punishing women has become far more than an abstraction. In 2016, Indiana resident Purvi Patel became just the most recent visible example when she was sentenced to twenty years for feticide and child neglect for inducing an abortion.
But in spite of the furor created by Trump’s comment and Patel’s conviction, the history …
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
William & Mary Bill of Rights Journal
No abstract provided.
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
William & Mary Bill of Rights Journal
This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
William & Mary Bill of Rights Journal
No abstract provided.
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
William & Mary Journal of Race, Gender, and Social Justice
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …
Reproductive Injustice In The New Millennium, Sybil Shainwald
Reproductive Injustice In The New Millennium, Sybil Shainwald
William & Mary Journal of Race, Gender, and Social Justice
A reexamination of the history of abortion law in the United States is essential to an understanding of recent changes. Part I of this Article will provide a synopsis of the early Anglo-American view of abortion at common law, the early anti-abortion statutes, and the state of abortion during the early twentieth century. Part II will discuss the liberalization of abortion laws, as well as the ways in which the law pertaining to a woman’s right to choose has evolved since 1973. Finally, Part III will analyze the constitutionality of the current wave of restrictions.
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman
Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse
The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
William & Mary Journal of Race, Gender, and Social Justice
Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.
Torts - Damages - Negligent Injury To Husband Does Not Give Wife Action For Loss Of Consortium. Rush V. Great American Ins. Co., 376 S.W.2d 454 (Tenn. 1964), James L. Tucker
William & Mary Law Review
No abstract provided.
Denial Of Alimony To Solvent Wife, Richard Crouch
Denial Of Alimony To Solvent Wife, Richard Crouch
William & Mary Law Review
No abstract provided.