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Law and Gender

Journal

2009

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Articles 1 - 30 of 62

Full-Text Articles in Law

Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron Dec 2009

Law's Expressive Value In Combating Cyber Gender Harassment, Danielle Keats Citron

Michigan Law Review

The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women's home addresses alongside suggestions that they are interested in anonymous sex, and technological attacks that shut down blogs and websites. It impedes women's full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women's experiences, deeming the harassment harmless teasing that women should expect, and tolerate, given the internet's Wild …


A Disparate Impact On Female Veterans: The Unintended Consequences Of Veterans Affairs Regulations Governing The Burdens Of Proof For Post-Traumatic Stress Disorder Due To Combat And Military Sexual Trauma, Jennifer C. Schingle Oct 2009

A Disparate Impact On Female Veterans: The Unintended Consequences Of Veterans Affairs Regulations Governing The Burdens Of Proof For Post-Traumatic Stress Disorder Due To Combat And Military Sexual Trauma, Jennifer C. Schingle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Rethinking Women And The Constitution: An Historical Argument For Recognizing Constitutional Flexibility With Regards To Women In The New Republic, Samantha Ricci Oct 2009

Rethinking Women And The Constitution: An Historical Argument For Recognizing Constitutional Flexibility With Regards To Women In The New Republic, Samantha Ricci

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


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.


Editor's Note Sep 2009

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena Sep 2009

Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen Sep 2009

An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook Sep 2009

Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché Sep 2009

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda Sep 2009

"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye Sep 2009

Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary Sep 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams Jul 2009

Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr. May 2009

The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.

University of Richmond Law Review

No abstract provided.


Bountiful Voices, Angela Campbell Apr 2009

Bountiful Voices, Angela Campbell

Osgoode Hall Law Journal

Common portrayals of Canada's only openly polygamous community cast it as a space frozen in time, both socially and intellectually. "Bountiful," British Columbia is a sixty-five-year-old community comprised of followers of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). Many residents espouse plural marriage as a central tenet of their faith, believing that the practice leads not only to a good terrestrial life but, also, to facilitated entry into the "celestial kingdom." Visual and written accounts of Bountiful routinely present the women of this community as submissive, silenced, and isolated. Their traditional dress, and the number of …


Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan Apr 2009

Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan

Nevada Law Journal

No abstract provided.


If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio Mar 2009

If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine Feb 2009

When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine

William & Mary Journal of Race, Gender, and Social Justice

This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against adolescent boys in the United States. In contrast to both legal frameworks, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender registries, this study examines the incidence of female-perpetrated statutory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the advantages of her approach over those taken by prior scholars, in terms of the size of the …


Statutory Regulation Of Legal Parentage In Cases Of Artificial Insemination By Donor: A New Frontier Of Gender Discrimination, Christina M. Eastman Jan 2009

Statutory Regulation Of Legal Parentage In Cases Of Artificial Insemination By Donor: A New Frontier Of Gender Discrimination, Christina M. Eastman

McGeorge Law Review

No abstract provided.


Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss Jan 2009

Transnational Families In Crisis: An Analysis Of The Domestic Violence Rule In E.U. Free Movement Law, Adam Weiss

Michigan Journal of International Law

This Essay analyzes a concrete rule of European law that has emerged to address the problem of domestic violence within certain transnational families. The domestic violence rule is found in Article 13 of the European Community Free Movement Directive (the Directive), legislation that governs the rights of E.U. citizens and their family members to enter and reside in other E.U. Member States.6 The rule affects the rights of a discrete group: non-E.U. ("third-country national") family members of migrant E.U. citizens, that is, E.U. citizens who have moved to another E.U. Member State (the "host State") to exercise residence rights there. …


Can Equality Survive Exceptions?, Daphne Barak-Erez Jan 2009

Can Equality Survive Exceptions?, Daphne Barak-Erez

Michigan Law Review First Impressions

The meaning of the exception vis-à-vis the general rule is primarily discussed in the context of emergency powers (following Cart Schmitt and Giorgio Agamben). But the complicated relationship between the norm and its exceptions is also relevant to other legal contexts. This Commentary is dedicated to the following question: What are the implications of considering equality a fundamental legal principle while recognizing exceptions to its application? More concretely, how does the existence of exceptions influence the understanding and viability of equality as the norm?


Passions We Like… And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan Jan 2009

Passions We Like… And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan

Michigan Journal of Gender & Law

This Article proceeds as follows. In Part II, the author catalogs the history of anti-gay hate crime laws in the United States, describing the rapid spread of state-level laws extending race- and religion-based hate crime laws to LGB people. The Article also provides an overview of federal legislation addressing anti-gay hate crime. In Part III, it examines the policy environment within which anti-gay hate crime laws have been, and continue to be, considered. Specifically, the jurisprudential frameworks that shape, define, and constrain discourses of equality, rights, and social identity are analyzed. The argument is made that the policy environment of …


The Gay Agenda, Libby Adler Jan 2009

The Gay Agenda, Libby Adler

Michigan Journal of Gender & Law

This Article is designed to illuminate options that the author believes have been difficult for advocates of gay rights to imagine due to an incessant culture war and the hard work of anti-gay forces that have kept pro-gay advocates under persistent fire. The culture war, this paper argues, while a fundraising boon and a media draw, compels a particular type of participation and a particular reform agenda, eclipsing reform possibilities that might be preferable in the long run.


Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull Jan 2009

Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Michigan Journal of Gender & Law

In the last three and a half decades, the legal profession has undergone a dramatic transformation in the gender composition of its members. During that time, the number of women applying to law school and entering the profession has gone from a few gallant pioneers to roughly equal representation with that of men. Between 1970 and 2000, the proportion of first-year law students who were female climbed from 8% to 49%. Because the existing bar consisted primarily of male lawyers, the percent of women in the legal profession changed more slowly, but still rose dramatically. Women, as a percent of …


Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …