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Articles 1 - 30 of 44
Full-Text Articles in Law
Twin Pillars Of Judicial Philosophy: The Impact Of The Ginsburg Collegiality And Gender Discrimination Principles On Her Separate Opinions Involving Gender Discrimination, Rebecca L. Barnhart, Deborah Zalesne
Twin Pillars Of Judicial Philosophy: The Impact Of The Ginsburg Collegiality And Gender Discrimination Principles On Her Separate Opinions Involving Gender Discrimination, Rebecca L. Barnhart, Deborah Zalesne
City University of New York Law Review
No abstract provided.
Article 81 Enactment And Its Impact On The Aging Women Population, Jennifer G. Flannery
Article 81 Enactment And Its Impact On The Aging Women Population, Jennifer G. Flannery
Buffalo Women's Law Journal
No abstract provided.
The Double Edged Sword: An Examination Of The Global Positioning System, Enhanced 911, And The Internet And Their Relationships To The Lives Of Domestic Violence Victims And Their Abusers, Laura Silverstein
Buffalo Women's Law Journal
No abstract provided.
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Buffalo Women's Law Journal
No abstract provided.
“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner
“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner
Maine History
In 1887 the Maine legislature responded to pressures from the Knights of Labor and an increasingly agitated industrial labor force by instituting the Bureau of Industrial and Labor Statistics. The bureau’s job was to examine the state's workplaces and provide information to guide the legislature in making labor law. Reflecting the ideals of the popular Knights of Labor, the bureau initially focused its investigations on female as well as male workers. When the bureau requested that workers fill out questionnaires about their work, hundreds of women responded, leaving a rare first-hand account of women’s attitudes toward their working and living …
No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera
No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera
Washington International Law Journal
In 1985, Japan ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which requires the eradication of all legal, political, social and cultural structures that prevent women from enjoying full equality with men. Under CEDAW, Japan is legally obligated to strive for actual, not just formal, equality between men and women. CEDAW also requires States Parties to take positive action to achieve gender equality. Despite the Japanese government's apparent efforts to comply with CEDAW over the last two decades, gender equality remains a distant reality. On July 8, 2003, the Committee on the …
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
San Diego International Law Journal
This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon
University of Michigan Journal of Law Reform
Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.
The …
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
University of Richmond Law Review
No abstract provided.
If Women Don't Ask: Implications For Bargaining Encounters, The Equal Pay Act, And Title Vii, Charles B. Craver
If Women Don't Ask: Implications For Bargaining Encounters, The Equal Pay Act, And Title Vii, Charles B. Craver
Michigan Law Review
Last spring, Jennifer and Richard graduated from the same law school with similar backgrounds. Both were offered associate positions with the same law firm and a $75,000 starting salary. Jennifer enthusiastically accepted the firm's offer, but Richard was hesitant. He informed the hiring partner that comparable firms in this area were paying new associates $80,000 per year. The partner offered Richard a starting salary of $80,000, which he accepted. Felicia and Harold manage similar departments for an e-commerce business. They have similar backgrounds, and have been with this firm for the same number of years. When Harold meets with the …
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Michigan Law Review
In chess, a "fork" occurs when a player, in a single move, attacks two or more of an opponent's pieces simultaneously, forcing a necessary choice between unappealing outcomes. Similar to the potentially devastating chess move, single-sex public schooling forks many constitutionalists and feminists. Constitutionalists are forced to reexamine the "separate but equal" doctrine's efficacy, this time through the prism of gender. Although the doctrine - forged in the crucible of race and overcome in the monumental triumph we know as Brown v. Board of Education - rested dormant for generations, persistent (and increasing) single-sex education options are forcing scholars to …
Battling Gender Orthodoxy: Prohibiting Discrimination On The Basis Of Gender Identity And Expression In The Courts And The Legislatures, Carolyn E. Coffey
Battling Gender Orthodoxy: Prohibiting Discrimination On The Basis Of Gender Identity And Expression In The Courts And The Legislatures, Carolyn E. Coffey
City University of New York Law Review
No abstract provided.
International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones
International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
For Right To Live: A Constitutional Argument For Mandatory Preventative Health Care For Female Prisoners, Kendra D. Arnold
For Right To Live: A Constitutional Argument For Mandatory Preventative Health Care For Female Prisoners, Kendra D. Arnold
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn
Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn
UC Law SF Journal on Gender and Justice
Human Trafficking Private Right of Action: Civil Rights for Trafficked Persons in the United States addresses a 2003 addition to the Trafficking Victims Protection Act allowing for a private right of action for persons trafficked to the United States. The article discusses civil litigation as a strategy for trafficked persons to obtain a remedy that specifically addresses the injury that they sustained: enslavement. The discussion situates this remedy within the broader purposes of anti-trafficking legislation.
The Voice Of The Unheard: An Evaluation Of And Proposed Solution To The Special Educational Needs Of Hearing Children Of Deaf Parents, Julie Ruschin
The Voice Of The Unheard: An Evaluation Of And Proposed Solution To The Special Educational Needs Of Hearing Children Of Deaf Parents, Julie Ruschin
UC Law SF Journal on Gender and Justice
Spoken language acquisition depends on aural exposure to the language. A child must hear a language spoken. But more than this, the child must have the language directed at her in conversational context. Because spoken language acquisition requires something that may be beyond the capabilities of the State, and because language acquisition is an educational issue, the responsibility for providing a program to ensure that hearing children of deaf parents master spoken English rests on the State. The State should create programs to ensure that these children are properly exposed to spoken English during the brief period in life in …
Founder's Remarks Commemorating The 15th Anniversary, Deborah Kochan
Founder's Remarks Commemorating The 15th Anniversary, Deborah Kochan
UC Law SF Journal on Gender and Justice
No abstract provided.
Aligning Or Maligning - Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Aligning Or Maligning - Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
UC Law SF Journal on Gender and Justice
The pending reauthorization of the Individuals with Disabilities Education Act (IDEA) alters the landscape of special education for parents and advocates of children with special needs. The proposed modifications are based on an effort to reduce the bureaucracy associated with the current procedural safeguards and to incorporate the concept of accountability embodied in the No Child Left Behind Act. Many advocates are waiting with apprehension for the final version of the bill due to the philosophical changes that it will bring to special education federal law. This article gives an overview of the pending legislation and urges advocates to adapt …
Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu
Child Laborers: The World's Potential Future Labor Resources Exploited And Depleted, Rupneet Sidhu
UC Law SF Journal on Gender and Justice
At this very moment, child laborers are working in unsuitable and hazardous conditions in both developed and developing nations. The adults, who are the main medium for giving voice to the concerns of the child laborers at the international and national levels, have failed. However, there are some promising international instruments whose full and sincere implementation can aid nations to eliminate at least the worst forms of child labor. Concurrently improving and enforcing national laws will help as well. Moreover, the non-governmental organizations should be recognized for being instrumental in keeping the child labor issues as a priority of the …
The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation, Shane Dizon
The Child Status Protection Act: Does Immigration Math Solve The Family Unity Equation, Shane Dizon
UC Law SF Journal on Gender and Justice
This note focuses on the Child Status Protection Act, passed by Congress in 2002 to allow individuals who turn 21 while their permanent residence paperwork is pending to preserve their eligibility as children. The note addresses the various reactions of the enforcing government authorities, practitioners, and courts since the Act's passage. In addition, the author explores the Act's place among other recent legislation and government agency policies purporting to advance the theme of family unity in immigration. Ultimately, the author suggests that the statutory stop-the-clock approach embodied by the Act seems not only inconsistent with its predecessors, which have expanded …
Lighting The Lantern: Visions Of A Virtual All-Women's Law School, Nancy E. Shurtz
Lighting The Lantern: Visions Of A Virtual All-Women's Law School, Nancy E. Shurtz
UC Law SF Journal on Gender and Justice
"Lighting the Lantern: Visions of a Virtual All-Women's Law School" is a fictional narrative of a hypothetical all women's law school. It is written in non-traditional form in the hope that it will prompt the reader to view the law, academic institutions and societal constructs in ways more consistent with an evolving society that should embrace all differences, whether those differences are gender or racially based.
The mission of the All Women's Law School is threefold: "First, to teach specific lawyering skills and disseminate knowledge in a context designed to help students function effectively in the existing culture while working …
Domestic Violence And The Jewish Community, Stacey A. Guthartz
Domestic Violence And The Jewish Community, Stacey A. Guthartz
Michigan Journal of Gender & Law
In Part I of this Article, Guthartz defines the problem of domestic violence as it relates to the Jewish community. Specifically, Jewish texts and history and community understanding and exposure, that contribute to Jewish domestic abuse are examined. In Part II, the author explores Jewish solutions to domestic violence by focusing on religious remedies, community pressure, and the use of civil law. In this Article, it is submitted that it is only through an understanding of the uniqueness of "Jewish" domestic violence by domestic violence and law enforcement organizations, coupled with an understanding about domestic violence within American society by …
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Michigan Journal of Gender & Law
This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.
Keynote Address: Reproductive Rights Under Siege: Responding To The Anti-Choice Agenda Conference. University Of Michigan Law School. March 5, 2004, Nancy Northup
Michigan Journal of Gender & Law
It is great to be here with a new generation that is advocating for reproductive rights and responding to the extraordinary anti-choice agenda we currently face. I am not going to talk about that agenda directly tonight because I know that you know it. You know about the judicial appointments, you know about the parental consent laws, you know about the denial of funding for low-income women, you know about the global gag rule.
Advocacy In Whispers: The Impact Of The Unsaid Global Gag Rule Upon Free Speech And Free Association In The Context Of Abortion Law Reform In Three East African Countries, Patty Skuster
Michigan Journal of Gender & Law
In 2001, President George W. Bush restricted the participation in democratic processes for non-governmental organizations (NGOs) abroad by reinstating a policy restricting family planning funding granted by the United States Agency for International Development (USAID). The restriction sharply curtailed the ability to speak and to associate freely for organizations working to preserve women's health and lives. For this reason, I refer to the restriction as the Global Gag Rule (GGR). Organizations in Uganda, Ethiopia, and Kenya had begun to identify the problems associated with their countries' restrictive abortion laws. In these three countries, as elsewhere in the world, illegal abortions …
The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane
The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane
Michigan Journal of Gender & Law
This article highlights the significant theoretical constraints of universalism, the tendency of human rights advocates to ignore the underlying cause of rights violations, as well as problems associated with the concept of and informal hierarchy between rights. The article suggests that there are certain circumstances in which INGOs that rely primarily on human rights language in their advocacy efforts may wish to supplement their analysis with explicit reference to feminist legal theory in order to more effectively secure women's interests globally. These ideas will be developed with ongoing reference to the recent and successful campaign initiated by Nepali women to …
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Michigan Journal of Gender & Law
Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …
The Participation Of Afghan Women In The Reconstruction Process, Laura Grenfell
The Participation Of Afghan Women In The Reconstruction Process, Laura Grenfell
Human Rights Brief
No abstract provided.
Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett
Women In The Workplace: Sexual Discrimination In Japan, Kelly Barrett
Human Rights Brief
No abstract provided.
Women's Inheritance Rights In Africa: The Need To Intergrate Cultural Understanding And Legal Reform, Abby Morrow Richardson
Women's Inheritance Rights In Africa: The Need To Intergrate Cultural Understanding And Legal Reform, Abby Morrow Richardson
Human Rights Brief
No abstract provided.