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Law and Gender

1996

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Articles 61 - 90 of 137

Full-Text Articles in Law

Women Online: Beijing 1995, Stacy Davis Jan 1996

Women Online: Beijing 1995, Stacy Davis

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Activism Without Borders, Jo Anne Howlett Jan 1996

Activism Without Borders, Jo Anne Howlett

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Feminism, Law, And Bioethics, Karen H. Rothenberg Jan 1996

Feminism, Law, And Bioethics, Karen H. Rothenberg

Faculty Scholarship

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …


Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir Jan 1996

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.


He Never Had The Right, Lisa Demsky Jan 1996

He Never Had The Right, Lisa Demsky

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende Jan 1996

Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Getting To Yes: The Case Against Banning Consensual Relationships In Higher Education, Sherry Young Jan 1996

Getting To Yes: The Case Against Banning Consensual Relationships In Higher Education, Sherry Young

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch Jan 1996

Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Helping Give Back The Night: A Male Perspective, David Jaffe Jan 1996

Helping Give Back The Night: A Male Perspective, David Jaffe

American University Journal of Gender, Social Policy & the Law

No abstract provided.


He Was More, Lisa Demsky Jan 1996

He Was More, Lisa Demsky

American University Journal of Gender, Social Policy & the Law

No abstract provided.


U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens Jan 1996

U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens

Faculty Scholarship

Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.


Confronting Expectations: Women In The Legal Academy, Christine Haight Farley Jan 1996

Confronting Expectations: Women In The Legal Academy, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

A seemingly insurmountable barrier to women's success in legal academia is the way they are perceived. Numerous studies have shown that women are perceived as less competent than men and that the same work is evaluated more critically when it is thought to have been done by a woman than by a man. This problem exists in all aspects of life, but it is especially acute for women in professional roles, such as academics. Legal academia, however, seems to be particularly resistant to viewing women as equally competent. The article presents original empirical research that shows that student evaluations of …


Griswold V. Connecticut: Contraception And The Right Of Privacy, Susan Wawrose Jan 1996

Griswold V. Connecticut: Contraception And The Right Of Privacy, Susan Wawrose

Books and Book Chapters by University of Dayton Faculty

Presents a thought-provoking look at a groundbreaking Supreme Court case, Griswold v. Connecticut, involving the directors of a women's health clinic, arrested for violating state contraception laws, and the court's resulting affirmation of a constitutional right to privacy.


Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison Jan 1996

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.


Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella Jan 1996

Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella

UIC Law Review

No abstract provided.


Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery Jan 1996

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery

Journal Articles

No abstract provided.


The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff Jan 1996

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham Jan 1996

Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham

Articles

Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …


Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman Jan 1996

Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in debt, …


Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro Jan 1996

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Faculty Articles

When parents dispute child custody, courts determine their rights by using a "best interests of the child" analysis. In this context, courts consider a host of factors, including parental sexuality. When considering the suitability of custody for a lesbian or gay parents, most courts employ a nexus test - one that requires a showing of a nexus between parental sexuality and the well-being of the child. A smaller number continue to use a harsher test that disqualifies lesbian and gay parents under a per se rule. This article argues that closer examination reveals that even the apparently more liberal nexus …


Social Contract Theory, Welfare Reform, Race, And The Male Sex-Right, April L. Cherry Jan 1996

Social Contract Theory, Welfare Reform, Race, And The Male Sex-Right, April L. Cherry

Law Faculty Articles and Essays

In this article, Cherry argues that the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is ultimately a politically undesirable and thinly veiled attack on the reproductive and sexual activities of poor women. In Part I, Cherry examines the development of social contract theory and analyzes social contract theory as a justification for material inequality. Part II examines social contract theory as a justification for the subordination of women. With this theoretical background established, in Part III, Cherry evaluates the current welfare reform proposals as social contract. This section examines the social contractarian language found in the current …


State V. Riker, Battered Women Under Duress: The Concept The Washington Supreme Court Could Not Grasp, Ann-Marie Montgomery Jan 1996

State V. Riker, Battered Women Under Duress: The Concept The Washington Supreme Court Could Not Grasp, Ann-Marie Montgomery

Seattle University Law Review

Although some people have the option of going to the police after receiving threats on their lives, this was not the case for Deborah Riker: Deborah is a battered woman. Since age nine, Deborah suffered repeated torture and abuse at the hands of men who were in her life. In 1987, Deborah met Rupert Burke, a man who abused both women and drugs. When Burke threatened both Deborah and her sister, Deborah did what he told her to do: she soldhim cocaine. As a result, Deborah was charged with delivery and possession of cocaine. Deborah's case presented the classic defense …


Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny Jan 1996

Playing The "Gender" Card: Affirmative Action And Working Women, Mary K. O'Melveny

Kentucky Law Journal

No abstract provided.


Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt Jan 1996

Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.


Women Shaping The Legal Process: Judicial Gender Bias As Grounds For Reversal, Lynn Hecht Schafran Jan 1996

Women Shaping The Legal Process: Judicial Gender Bias As Grounds For Reversal, Lynn Hecht Schafran

Kentucky Law Journal

No abstract provided.


Fighting For Their Lives: Women, Poverty, And The Historical Role Of United States Law In Shaping Access To Women's Health Care, Susan L. Waysdorf Jan 1996

Fighting For Their Lives: Women, Poverty, And The Historical Role Of United States Law In Shaping Access To Women's Health Care, Susan L. Waysdorf

Kentucky Law Journal

No abstract provided.


Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn Jan 1996

Comparable Worth And The Fair Pay Act Of 1994, Rhonda J. Blackburn

Kentucky Law Journal

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring Jan 1996

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene C. Goring

Kentucky Law Journal

No abstract provided.


A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin Jan 1996

A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin

Articles, Book Chapters, & Popular Press

Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …


Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott Jan 1996

Anita Hill Meets Godzilla: Confessions Of A Horror Movie Fan, Wendy B. Scott

Journal Articles

The cases and events discussed in this Essay involve African- American women who have confronted oppression in the civil and criminal courts, and other arenas, in both celebrated and unsung victories: victories not only for Black women, but for women and men of all hues who seek social justice. I will use these cases and events to illustrate the relationship between stereotypes and myths, born during the antebellum and Jim Crow era, and contemporary manifestations of sexual harassment and other forms of sex-based exploitation. I will go on to discuss the means used by women, in the workplace of chattel …