Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (23)
- William & Mary Law School (12)
- BLR (11)
- University of Michigan Law School (10)
- Utah State University (8)
-
- Selected Works (5)
- SelectedWorks (5)
- UC Law SF (5)
- Maurer School of Law: Indiana University (4)
- Seattle University School of Law (4)
- University at Buffalo School of Law (4)
- University of Baltimore Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of Pennsylvania Carey Law School (4)
- Cleveland State University (3)
- Georgetown University Law Center (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Florida Levin College of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- Boston University School of Law (2)
- Chicago-Kent College of Law (2)
- City University of New York (CUNY) (2)
- Florida State University College of Law (2)
- Golden Gate University School of Law (2)
- New York Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- University of Pittsburgh School of Law (2)
- American University in Cairo (1)
- Keyword
-
- Women (37)
- Gender and law (9)
- Discrimination (8)
- Feminism (8)
- Civil Rights and Discrimination (6)
-
- Domestic Relations (5)
- Domestic violence (5)
- Gender (5)
- Islamic Law (5)
- Legal History (5)
- Children (4)
- Constitutional Law (4)
- Family law (4)
- General Law (4)
- Harassment (4)
- International Law (4)
- Law and Society (4)
- Legal Education (4)
- Politics (4)
- Rape (4)
- Sexuality and the Law (4)
- Women Lawyers (4)
- Advance (3)
- Brown v. Board of Education (3)
- Crimes (3)
- Divorce (3)
- Education Law (3)
- Feminist (3)
- Feminist legal theory (3)
- Human Rights Law (3)
- Publication
-
- American University Journal of Gender, Social Policy & the Law (16)
- William & Mary Journal of Race, Gender, and Social Justice (12)
- All Faculty Scholarship (10)
- Faculty Scholarship (10)
- ADVANCE Library Collection (8)
-
- ExpressO (8)
- Michigan Journal of Gender & Law (5)
- Scholarly Works (5)
- UC Law SF Journal on Gender and Justice (5)
- Indiana Law Journal (4)
- Articles (3)
- Articles in Law Reviews & Other Academic Journals (3)
- Buffalo Women's Law Journal (3)
- Faculty Articles (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Publications (3)
- The Ohio State University Moritz College of Law Working Paper Series (3)
- UF Law Faculty Publications (3)
- City University of New York Law Review (2)
- Cleveland State Law Review (2)
- Gila Stopler (2)
- Human Rights Brief (2)
- Michigan Journal of International Law (2)
- Sustainable Development Law & Policy (2)
- University of Michigan Journal of Law Reform (2)
- Archived Theses and Dissertations (1)
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Buffalo Public Interest Law Journal (1)
- CRVAW Faculty Journal Articles (1)
- Publication Type
- File Type
Articles 151 - 161 of 161
Full-Text Articles in Law
Using Postmodern Feminist Legal Theory To Interrupt The Reinscription Of Sex Stereotypes Through The Institution Of Marriage, Jessica Knouse
Using Postmodern Feminist Legal Theory To Interrupt The Reinscription Of Sex Stereotypes Through The Institution Of Marriage, Jessica Knouse
UC Law SF Journal on Gender and Justice
The institution of marriage has long been an engine of the subordination of women, the normalization of relationships and the repression of individual desires. This Article suggests that the time has come to dismantle the institution and end its deleterious impact upon society. The Article begins by defining "sex" and "sex stereotypes" and by examining, from various feminist perspectives, the influence of sex stereotypes upon individual identity creation. The Article proceeds to review the historical development of marriage, illustrating that marriage inevitably reinscribes sex stereotypes, and arguing that the institution and the stereotypes are presently so intertwined that disaggregation is …
Asking Adolescents: Does A Mature Minor Have A Right To Participate In Health Care Decisions, Cara D. Watts
Asking Adolescents: Does A Mature Minor Have A Right To Participate In Health Care Decisions, Cara D. Watts
UC Law SF Journal on Gender and Justice
Many children approaching the age of majority struggle with severe and sometimes terminal illnesses. Does such a minor possess a Fourteenth Amendment Due Process right to participate in medical decisions concerning her care, or is her fate left solely in the hands of her parents and the State? This Note examines the health care rights of minors and attempts to give a voice to children, a vast, silent population in this country, in the medical care context. After examining such fundamental cases as Belotti v. Baird, this Note finds numerous exceptions, crafted by the courts over several decades in a …
Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young
Toward A More Equitable Approach To Causation In Veterinary Malpractice Actions, Jayne De Young
UC Law SF Journal on Gender and Justice
The legal and economic barriers to veterinary malpractice cases are significant. Potential plaintiffs are often discouraged from pursuing their claims because of the very limited potential for significant damages and the difficulty of proving causation. This Note advocates a burden-shifting approach to the causation element of veterinary malpractice. It commences with an overview of some of the different methods by which animal guardians have sought redress for the injury or death of an animal while under the care of a veterinarian. This overview is followed by a detailed look at the elements of veterinary malpractice. Next, the recordkeeping standards in …
Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler
Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler
NYLS Law Review
No abstract provided.
Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason
Criminal Prosecution And Civil Remedies For Victims Of Sexual Offenses: Amendment Of The Rape Shield Law, Carol E. Jordan, Elizabeth S. Hughes, Mary Jo Gleason
Office for Policy Studies on Violence Against Women Publications
In 2003, the Kentucky Supreme Court adopted the amended KRS 412, effectively making the language of KRE 412 consistent with the analogous Federal Rule of Evidence 412. Now, as in federal court, the provisions of the Rape Shield Law apply in both criminal and civil cases to govern when and how evidence of a victim's alleged sexual behavior or sexual predisposition may be introduced. The article describes the intent of the original Rape Shield Law and the implications of its amended version in both civil and criminal cases.
Law's Nobility, Robin West
Law's Nobility, Robin West
Georgetown Law Faculty Publications and Other Works
This article first aims to set out the feminist theory of Catharine MacKinnon as explicitly as possible and in a way that accounts for its incredible power. To strengthen MacKinnon's theoretical project, the article proposes some modifications to the original that are drawn from, in part, the critiques of queer theorists. The crucial departure proposed here concerns MacKinnon's "critique of desire," which in my view is deeply mistaken. Rather than distrusting the sexual desires of women as hopelessly polluted by subordination, we should be neutral -- neither critical nor confident -- regarding the degree to which our desires, if fulfilled, …
Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson
Domestic Violence And Mediation: Responding To The Challenges Of Crafting Effective Screens, Jane C. Murphy, Robert Rubinson
All Faculty Scholarship
Over the last two decades, mediation of family law cases has become well-established in American courts. As mediation has grown, experts have recognized that power imbalances between couples may interfere with mediation. This imbalance is particularly evident where one partner has been abusive to the other. Widespread consensus has developed that decisions about whether mediation is appropriate are particularly crucial and delicate when domestic violence is present. Despite this consensus, there is evidence that courts are still ordering couples who have experienced domestic violence to mediate their family law disputes with little or not particularized examination of the couples' circumstances. …
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
Legal Images Of Fatherhood: Welfare Reform, Child Support Enforcement, And Fatherless Children, Jane C. Murphy
All Faculty Scholarship
This Article analyzes the issue of paternity disestablishment, an issue courts and legislatures have been struggling with over the last several years. For a variety of reasons explored in this Article, an increasing number of fathers have filed requests to set aside paternity orders seeking to be relieved of the legal obligations of fatherhood. As a result families have been destabilized and children are becoming fatherless. The implications for the future of the family are profound. Although some scholars have examined this phenomenon, none have addressed the link between paternity disestablishment and welfare reform.
This Article explores the law's evolving …
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
Faculty Works
Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh Goodmark
Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh Goodmark
Leigh S. Goodmark
In November 2002, the Wellesley Centers for Women’s Battered Mothers’ Testimony Project released Battered Mothers Speak Out, a report detailing human rights abuses committed against forty battered mothers and their children who had litigated cases in the Massachusetts family court system. Although the report initially generated a great deal of attention, the response from the courts was overwhelmingly negative, and the report prompted no change in the courts. Because the stories of these women resonated with my own experiences representing battered women, I wondered why the report had so little effect on system change. The official response of the courts …
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
James B Johnston
Rape shield statutes are designed to limit a judge's discretion in allowing information about a rape victim's sexual past into evidence at trial. This is done to prevent dual victimization of the rape victim. First during the rape and then at trial. Despite rape shield protections the NJ Supreme Court ruled in State v. Garron that a victim's prior flirtations with the attacker, some of which occurred 6 years before the rape was admissible. The court overturned the attacker's guilty verdict and he went free. Advocates for rape victims rights were outraged. This article provides an analysis and critique of …