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Law and Gender

2005

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Articles 1 - 30 of 162

Full-Text Articles in Law

Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines Dec 2005

Fear Of The Queer Marriage: The Nexus Of Transsexual Marriages And U.S. Immigration Law, Justin L. Haines

City University of New York Law Review

No abstract provided.


For Women, A Court Of Last Appeal, Saumya Uma Dec 2005

For Women, A Court Of Last Appeal, Saumya Uma

Dr. Saumya Uma

The article focusses on the significance of standards set and efforts made by the International Criminal Court, from the point of view of women's rights.


Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell Dec 2005

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell

Georgetown Law Faculty Publications and Other Works

While we live in an Age of Rights, culture continues to be a major challenge to the human rights project. During the drafting of the Universal Declaration of Human Rights (UDHR) in the 1940s and during the Cold War era, the periodic disputes that erupted over civil and political rights in contrast to economic, social and cultural rights could be read either explicitly or implicitly as a cultural debate.

Gender has figured prominently in this perceived culture clash, for example, with the Bush administration's use of Afghan women as cultural icons in need of liberation--a claim that helped justify ...


Gay Self-Identification And The Right To Political Legibility, Fadi G. Hanna Nov 2005

Gay Self-Identification And The Right To Political Legibility, Fadi G. Hanna

Student Scholarship Papers

Over twenty years after the Sixth Circuit held that a bisexual public employee could be dismissed for coming out, courts remain split on the question of constitutional protection for gay coming-out speech. In addressing that question, this Article begins with a more fundamental one: What is the legal harm of suppressing coming-out speech? This Article suggests that a distinct legal harm follows from whether one conceives of coming-out as “persuasive,” “creative,” or “descriptive” speech—establishing a framework that applies to all minorities whose status is not readily apparent. Arguing that courts and scholars have adopted persuasive and creative conceptions of ...


Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd Nov 2005

Federal Mandatory Minimum Drug Sentences: Weapon In The War On Drugs Or War On Blacks, Crystal S. Byrd

McCabe Thesis Collection

This study will attempt to determine the direct and indirect consequences of Federal mandatory minimum drug sentences and drug policy to African Americans. It will examine statistics on drug use, arrest, convictions, and incarceration of African Americans. These statistics will be gathered from several government agencies and will be used to determine if American drug policy discriminates against African Americans. The purpose of this study is to inform and educate African Americans about Federal mandatory minimum drug sentences and the impact they are having on Black communities and to provide links to resources that can be used to promote drug ...


Successful Challenge, Ruling Reversed: Why The Ocr Survey Proposal May Be Well-Intentioned But Misguided, Robin Preussel Nov 2005

Successful Challenge, Ruling Reversed: Why The Ocr Survey Proposal May Be Well-Intentioned But Misguided, Robin Preussel

Student Scholarship Papers

The paper details the history and development of Title IX and its implementing regulations as applied to intercollegiate athletics, highlighting the inequities that have often resulted from its interpretation and application to college programs. It then analyzes the recent Office of Civil Rights’ (the division of the Department of Education that interprets and implements Title IX’s regulatory structure and oversees collegiate adherence to Title IX) proposal to allow institutions to use electronic surveys to comply with prong three of the (in)famous Three Prong Test. The paper concludes that the survey scheme is a good step forward in correcting ...


Tribute To John Pickering, Marcia Greenberger Nov 2005

Tribute To John Pickering, Marcia Greenberger

Michigan Law Review

This room is filled with many women lawyers. All of us loved John Pickering and are in his debt, but we are only a small number of those who do. For many decades, John guided young, and I must admit not so young, women lawyers to positions where they could stand up for their own rights and the rights of others. He worked with us to champion the causes that matter most to women and their families. John used his great stature and the enormous respect that he garnered to open doors for women to leadership positions in the bar ...


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen Oct 2005

The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen

ExpressO

This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer ...


Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering Oct 2005

Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering

Indiana Law Journal

No abstract provided.


Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong Oct 2005

Sexual Harassment: Limiting The Affirmative Defense In The Digital Workplace, Donald P. Harris, Daniel B. Garrie, Matthew J. Armstrong

University of Michigan Journal of Law Reform

Digital communications sexual harassment is on the rise. Such harassment occurs through sexually offensive and unwarranted e-mails, placing harassing messages on electronic bulletin boards, and other forms of harassment that occur through the Internet. To date, courts have remained silent on the issue of sexual harassment by digital communications. Should this type of harassment be treated any differently than harassment that occurs in the physical space? The somewhat surprising answer is yes.

This Article advocates applying a new judicial framework for addressing digital communications sexual harassment. This new framework accounts for the real-world technology in the digital workplace and the ...


Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp Oct 2005

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp

Indiana Law Journal

No abstract provided.


Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood Oct 2005

Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood

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

No abstract provided.


Gender And Jury Deliberations: The Contributions Of Social Science, Lucy Fowler Oct 2005

Gender And Jury Deliberations: The Contributions Of Social Science, Lucy Fowler

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

No abstract provided.


Drugs, Aids And Reproductive Choice: Maternal-State Conflict Continues Into The Millennium, Cheryl E. Amana Oct 2005

Drugs, Aids And Reproductive Choice: Maternal-State Conflict Continues Into The Millennium, Cheryl E. Amana

North Carolina Central Law Review

No abstract provided.


Economic Efficiency And The Parameters Of Fairness: A Marriage Of Marketplace Morals And The Ethic Of Care, Barbara Ann White Oct 2005

Economic Efficiency And The Parameters Of Fairness: A Marriage Of Marketplace Morals And The Ethic Of Care, Barbara Ann White

All Faculty Scholarship

This article provides resolutions to a number of conundrums that have vexed policy-makers and scholars for some decades. The most significant conclusion is that efficiency and fairness concerns do not conflict but rather mutually support each other in the goal of maximizing social welfare. This is contrary to the more widely-held view by both advocates of law and economic reasoning and those favoring deontological concerns that a trade-off between fairness and efficiency is inevitable. This article demonstrates how the coalescence of the two frameworks, the cultivation of fairness with law and economics' efficiency maximization, yields greater enhancements of social welfare ...


Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, Maria Perinetti Sep 2005

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, Maria Perinetti

ExpressO

Trafficking in persons is one of the fastest growing areas of international criminal activity. Each year an estimated 600,000 – 800,000 human beings are bought, sold or forced across the world’s borders. Approximately 2.5 million men, women and children are victims of trafficking at any point in time throughout the world. Approximately 14,500 – 17,500 individuals are trafficked annually into the United States, making the United States the third largest destination country in the world for victims of human trafficking.

In order to fight trafficking in the United States effectively, legislation at the state level, in ...


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Campaign Finance And Electoral Reform: A Feminist Economics Perspective, Kimberly Christensen Sep 2005

Campaign Finance And Electoral Reform: A Feminist Economics Perspective, Kimberly Christensen

Buffalo Public Interest Law Journal

In "Campaign Finance and Electoral Reform: A Feminist Economics Perspective," we begin by examining the impact of the current regime of campaign finance on the American political system, in terms of the possibilities for corruption, for inegalitarian agenda-setting, and on the quality of representation by officeholders. We then briefly review attempts to regulate this system, from the Tillman Act of 1907 to the 2002 Bipartisan Campaign Reform Act ("McCain-Feingold"). We examine and critique the extant proposals for change, including legislation and/or regulation to "plug the holes" in FECA (the Federal Election Campaign Act of 1971), public financing of all ...


Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees Sep 2005

Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees

Buffalo Women's Law Journal

No abstract provided.


Culture Or Rights Violation? An Examination Of The Role Of Jamaica's Sociopolitical Culture On Women's Rights, Danielle J. Barrett Sep 2005

Culture Or Rights Violation? An Examination Of The Role Of Jamaica's Sociopolitical Culture On Women's Rights, Danielle J. Barrett

Buffalo Women's Law Journal

No abstract provided.


Considering The Constitutionality Of A Confrontation Clause Exception For Domestic Violence Victims, Thekla Hansen-Young Sep 2005

Considering The Constitutionality Of A Confrontation Clause Exception For Domestic Violence Victims, Thekla Hansen-Young

Buffalo Women's Law Journal

No abstract provided.


Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville Sep 2005

Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville

Women’s Employment Rights Clinic

Today, AB 633 stands as a landmark law with great potential — much of it yet to be realized — to fight against the proliferation of sweatshops and corporate abuse in the garment industry, and to serve as model legislation for other low-wage industries across California and around the nation in which workers are denied their most basic workplace rights. In documenting the successes of AB 633, as well as presenting the challenges garment workers still face in recovering their wages under the law, this report seeks to provide an answer to the pivotal question: Has AB 633 fulfilled its promise?

To ...


When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald Sep 2005

When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald

Nevada Law Journal

No abstract provided.


Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree Aug 2005

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.


The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen Jul 2005

The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen

Indiana Law Journal

No abstract provided.


Structure Versus Effect: Revealing The Unconstitutional Operation Of Title Ix's Athletics Provisions, Jennifer R. Capasso Jul 2005

Structure Versus Effect: Revealing The Unconstitutional Operation Of Title Ix's Athletics Provisions, Jennifer R. Capasso

Boston College Law Review

Title IX of the 1972 Education Amendments prohibits discrimination on the basis of sex in any educational program receiving federal financial assistance, including athletics. Although the statute has brought great improvements in female athletics, such achievements have not come without problems. Title IX's complex regulatory framework, developed by the Department of Education, has led to numerous lawsuits. In early cases, courts interpreted and upheld the framework as consistent with Title IX. This Note argues, however, that the courts' early decisions and interpretation of the framework, coupled with educational institutions' current fiscal constraints, have left institutions with only one option ...


Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd Jul 2005

Fathers And The Supreme Court: Founding Fathers And Nuturing Fathers, Nancy E. Dowd

UF Law Faculty Publications

This article critiques the Supreme Court's negative, stereotypic views of fatherhood, especially unmarried fatherhood, and argues that the Court should reconsider and refine its definition of fatherhood around nurture. The corrective for the Court's current view is not to revert to a status-based definition of fatherhood, but rather to reinforce and recast its prior fathers' rights decisions to establish a definition grounded on relationship and care. What should be discarded are outdated stereotypes about men as incapable, incompetent caregivers, as well as patriarchal norms of status and ownership based in genetic and economic fatherhood recognized exclusively within marriage ...


The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai Jul 2005

The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai

Osgoode Hall Law Journal

This article emerges from an exploration of the meanings of consumer bankruptcy in the current context of Canadian society, as well as the role consumer bankruptcy plays in shaping this context. Examining consumer bankruptcy through the lens of gender relations, the claim is made that Canadian consumer bankruptcy legislation, policies, practices, and accompanying discourses are implicated in the causation and perpetuation of the conditions of marginalization and subordination endured by women who experience long-term poverty. These women are affected not only in terms of access to the bankruptcy system, but also by the broader implications of the delivery of consumer ...


The Gay Bar: The Effect Of The One-Year Filing Deadline On Lesbian, Gay, Bisexual, Transgender, And Hiv-Positive Foreign Nationals Seeking Asylum Or Withholding Of Removal, Victoria Neilson, Aaron Morris Jul 2005

The Gay Bar: The Effect Of The One-Year Filing Deadline On Lesbian, Gay, Bisexual, Transgender, And Hiv-Positive Foreign Nationals Seeking Asylum Or Withholding Of Removal, Victoria Neilson, Aaron Morris

City University of New York Law Review

No abstract provided.