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Law and Gender

2001

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Articles 1 - 30 of 129

Full-Text Articles in Law

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Dec 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.


The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel Oct 2001

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.


Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger Oct 2001

Employer Liability For Sexual Harassment - Normative, Descriptive, And Doctrinal Interactions: A Reply To Professors Beiner And Bisom-Rapp, Linda Hamilton Krieger

University of Arkansas at Little Rock Law Review

No abstract provided.


Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp Oct 2001

Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp

University of Arkansas at Little Rock Law Review

No abstract provided.


The Role And Reality Of Emotions In Law, Carol Sanger Oct 2001

The Role And Reality Of Emotions In Law, Carol Sanger

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

No abstract provided.


Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Oct 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.


What's Love Got To Do With It?, Susan Bandes Oct 2001

What's Love Got To Do With It?, Susan Bandes

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

No abstract provided.


Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White Oct 2001

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

All Faculty Scholarship

The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e ...


Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis Sep 2001

Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis

Hope Lewis

Community-based or personal forms of identity, as well as some externally imposed gender, race, and cultural stereotypes operate simultaneously to influence global markets. This Article explores the human rights implications of the stories surrounding a female migrant household worker as they exemplify how perceptions about identity can shape legal responses and how legal frameworks can shape perceptions of identity. The identities associated with the migrant household worker seemed to constitute a uniquely complex illustration of the intersection of race, gender, ethnicity, class, immigration status, nationality, and disability. However, the stories establish that all identities can be equally complex. This Article ...


Prostitution In India: Sex Workers, Government And The Legalization Controversy, Angela R. Carlson Sep 2001

Prostitution In India: Sex Workers, Government And The Legalization Controversy, Angela R. Carlson

Buffalo Women's Law Journal

No abstract provided.


Women In Afghanistan Since September 11th, Margaret Murphy Sep 2001

Women In Afghanistan Since September 11th, Margaret Murphy

Buffalo Women's Law Journal

No abstract provided.


Gender-Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman Sep 2001

Gender-Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Boston College Law Review

In United States v. Morrison, the Supreme Court struck down the federal civil rights remedy for gender-based violence in the Violence Against Women Act. Notwithstanding evidence considered by Congress documenting the economic impact of domestic violence, and despite the inability of state and local systems to address gender-based violence claims, the Court determined that Congress lacked the necessary authority. The author argues that Morrison is remarkable in what it reveals about the legal status of women as mediated in multiple levels of judicial transactions. She contends that the decision reflects attitudes ingrained in the nation's judicial culture. Specifically, the ...


Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor Jul 2001

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.


Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii Jun 2001

Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii

Washington and Lee Law Review

No abstract provided.


Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata Jun 2001

Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata

University of Michigan Journal of Law Reform

In examining the nature of sexual harassment claims, the author challenges the use of the "unwelcomeness" element to distinguish actionable conduct from nonactionable conduct. The author contends that the "unwelcomeness" element demeans women in two ways: (1) it assumes the male perspective and presumes that the plaintiff appreciated the challenged conduct unless she proves otherwise; and (2) it allows the defense to engage in intrusive, irrelevant, and damaging inquiries as it attempts to refute the plaintiff's allegation that the challenged conduct was unwelcome.

The author argues for three reforms. First, courts should shift the burden of proving that the ...


Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant Jun 2001

Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant

Washington and Lee Law Review

No abstract provided.


Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy Jun 2001

Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy

Washington and Lee Law Review

No abstract provided.


Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter Jun 2001

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.


Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush Jun 2001

Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush

Washington and Lee Law Review

No abstract provided.


The Politics Of Changing Sexual Orientation, Ibpp Editor May 2001

The Politics Of Changing Sexual Orientation, Ibpp Editor

International Bulletin of Political Psychology

This article identifies cognitions of value that permeate political discourse on the scientific validity of intentionally changing sexual orientation via clinical methods.


Abortion And Crime: Unwanted Children And Out-Of-Wedlock Births, John Lott, John Whitley May 2001

Abortion And Crime: Unwanted Children And Out-Of-Wedlock Births, John Lott, John Whitley

John M. Olin Center for Studies in Law, Economics, and Public Policy Working Papers

Abortion may prevent the birth of "unwanted" children, who would have relatively small investments in human capital and a higher probability of crime. On the other hand, some research suggests that legalizing abortion increases out-of-wedlock births and single parent families, which implies the opposite impact on investments in human capital and thus crime. The question is: what is the net impact? We find evidence that legalizing abortion increased murder rates by around about 0.5 to 7 percent. Previous estimates are shown to suffer from not directly linking the cohorts who are committing crime with whether they had been born ...


Preparing For Civil Disobedience: Indian Sex Workers And The Law, Prabha Kotiswaran May 2001

Preparing For Civil Disobedience: Indian Sex Workers And The Law, Prabha Kotiswaran

Boston College Third World Law Journal

This article deals with the reform of prostitution laws in India. It begins with an outline of the current legislative framework available in this regard and then critically evaluates the various alternatives to the framework that have been proposed through the 1990s by the Indian government, universities and research institutions, the Indian women's movement and sex-worker organizations. After undertaking an historical examination of prostitution laws in India from colonial times up to the present, the author recommends the decriminalization of prostitution with a strong emphasis on the protection of the civil rights of prostitute women as a matter of ...


The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler May 2001

The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler

University of Michigan Journal of Law Reform

Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures ...


Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd May 2001

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth ...


The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr. Apr 2001

The Impact Of The Use Of New Communications And Information Technologies On Trafficking In Human Beings For Sexual Exploitation: A Study Of The Users, Donna M. Hughes Dr.

Donna M. Hughes

The trafficking in women and children for sexual exploitation is a global human rights crisis being

perpetrated by individual criminals and organized crime groups, and facilitated by increased tolerance

for the sexual exploitation and sexual abuse of women and children.

New communications and information technologies have created a global revolution in

communications, access to information, and media delivery. There are a lot of positive aspects to the

global revolution, but there are also some very negative ones. This report describes the most negative

ones—how communications and information technologies are used to facilitate the trafficking of

women and children for ...


The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier Apr 2001

The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier

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

No abstract provided.


Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi Apr 2001

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

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

No abstract provided.


Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy Apr 2001

Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy

Osgoode Hall Law Journal

The author argues for the repeal of mandatory minimum sentences based upon their role in the distortion of defences available to battered women on trial for the homicide of their violent mates. After reviewing other legal strategies aimed at eliminating the discriminatory biases facing women who attempt to plead self-defence, and illustrating the ways in which defences to murder are distorted, she turns to the examination of the transcript of a recent murder trial for a woman who argued self-defence. The author uses the transcript to provide concrete illustrations of three ways in which self-defence is distorted by the mandatory ...


Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson Apr 2001

Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson

Osgoode Hall Law Journal

This article examines the issue of mandatory minimum sentencing from the unique perspective of women with disabilities. Concerns about the discriminatory application of mandatory minimum sentences are outlined and analyzed from a gendered disability perspective, as are concerns about the devaluation of the lives of persons with disabilities through the support of reduced sentences for those convicted of murdering persons with disabilities. This examination makes it clear that the different concerns of women with disabilities are difficult to reconcile, as they mandate contradictory positions with respect to the possible abolition of the sentencing practice. The challenges inherent in the development ...


Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor Mar 2001

Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the removal of homosexuality from a list of mental illnesses by the Chinese Psychiatric Association (CPA) in the context of international security.