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Law and Gender

2006

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Articles 1 - 30 of 90

Full-Text Articles in Law

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer Dec 2006

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer

The University of New Hampshire Law Review

[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …


Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua Oct 2006

Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua

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

No abstract provided.


In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier Oct 2006

In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier

Osgoode Hall Law Journal

This article addresses the dilemmas of Muslim women living in Canada as they negotiate between the constitutional and juridical systems of the dominant society, on the one hand, and the Muslim community, on the other. It will examine the ideological assumptions about law and multiculturalism that have worked to depoliticize the stakes of law in Marion Boyd's report, Protecting Choice, Promoting Inclusion. With the Islamic institution of mahr in the background, this article suggests a methodology to evaluate the costs and benefits of abstract legal rules as they are actually used by the parties in the "shadow of the law" …


Double Whammy: How The New Credit Card Nondischargeability Provision And The New Means Test Hit Single Mothers Over The Head, Hatty Yip Sep 2006

Double Whammy: How The New Credit Card Nondischargeability Provision And The New Means Test Hit Single Mothers Over The Head, Hatty Yip

Buffalo Women's Law Journal

No abstract provided.


Centering Men's Experience: Norah Vincent's Self-Made Man Complicates Feminist Legal Theorists' Views Of Gender, Kathy A. Thomack Sep 2006

Centering Men's Experience: Norah Vincent's Self-Made Man Complicates Feminist Legal Theorists' Views Of Gender, Kathy A. Thomack

Buffalo Women's Law Journal

No abstract provided.


Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel Sep 2006

Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel

Buffalo Human Rights Law Review

No abstract provided.


When Rights Collide: In A Battle Between Pharmacists' Right Of Free Exercise And Patients' Right To Access Contraception, Who Wins?, Jacqueline Gilbert Sep 2006

When Rights Collide: In A Battle Between Pharmacists' Right Of Free Exercise And Patients' Right To Access Contraception, Who Wins?, Jacqueline Gilbert

Nevada Law Journal

No abstract provided.


Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme Aug 2006

Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme

Journal of Race, Gender, and Ethnicity

No abstract provided.


Finding The Sex In Sexual Harassment: How Title Vii And Tort Schemes Miss The Point Of Same-Sex Hostile Environment Harassment, Yvonne Zylan May 2006

Finding The Sex In Sexual Harassment: How Title Vii And Tort Schemes Miss The Point Of Same-Sex Hostile Environment Harassment, Yvonne Zylan

University of Michigan Journal of Law Reform

It has been nearly a quarter century since the United States Supreme Court first recognized the cause of action for a sexually hostile work environment under Title VII of the Civil Rights Act of 1964. In Meritor Savings Bank v. Vinson, the Court essentially adopted the view offered by legal academician Catharine MacKinnon that harassment taking the form of a sexually hostile work environment is a manifestation of gender-based power. In so doing, the Court created a remedy for many aggrieved employees, permitting redress in the federal courts for a problem that makes many workplaces unbearable. At the same …


Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike May 2006

Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike

University of Michigan Journal of Law Reform

In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …


Beyond Rational Relations: The Constitutional Infirmities Of Anti-Gay Partnership Laws Under The Equal Protection Clause, David W. Howenstine May 2006

Beyond Rational Relations: The Constitutional Infirmities Of Anti-Gay Partnership Laws Under The Equal Protection Clause, David W. Howenstine

Washington Law Review

Anti-gay partnership laws prevent state and local governments from granting rights, benefits, and obligations associated with marriage to same-sex couples. Fifteen states have anti-gay partnership laws that prohibit the creation of civil unions, domestic partnerships, or specific partnership rights for gay couples. Although enacted under legitimate state authority, these laws come into conflict with the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because they isolate gay citizens for special disadvantages and burdens within the traditional political processes. Under equal protection analysis, a law that neither burdens a fundamental fight nor targets a protected class will …


Separating Dick And Jane: Single-Sex Public Education Under The Washington State Equal Rights Amendment, Inessa Baram-Blackwell May 2006

Separating Dick And Jane: Single-Sex Public Education Under The Washington State Equal Rights Amendment, Inessa Baram-Blackwell

Washington Law Review

Single-sex education in public school systems has become increasingly popular in recent years. The Equal Rights Amendment to the Washington State Constitution (ERA) requires that males and females be treated equally where state action, such as public education, is involved. As demonstrated by the ERA's legislative history and Washington case law, the ERA prohibits differentiation on the basis of sex alone, which occurs where an individual would be treated differently in a given situation if that person were of the opposite sex. Legislative history and case law recognize two narrow exceptions to the ERA. Under the first exception, classification based …


Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer Apr 2006

Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer

Indiana Law Journal

No abstract provided.


Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne Mar 2006

Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne

University of Richmond Law Review

No abstract provided.


Women, Equality, And The Federal Marriage Amendment, Comille S. Williams Mar 2006

Women, Equality, And The Federal Marriage Amendment, Comille S. Williams

Brigham Young University Journal of Public Law

No abstract provided.


Girl Talk--Examining Racial And Gender Lines In Juvenile Justice, Kim Taylor-Thompson Mar 2006

Girl Talk--Examining Racial And Gender Lines In Juvenile Justice, Kim Taylor-Thompson

Nevada Law Journal

No abstract provided.


Women And War, Linda A. Malone Feb 2006

Women And War, Linda A. Malone

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

No abstract provided.


Deconstructing Truth: A Review Of Carol Burke's Book "Camp All-American, Hanoi Jane, And The High-And-Tight: Gender, Folklore, And Changing Military Culture", Charles H. Rose Iii Feb 2006

Deconstructing Truth: A Review Of Carol Burke's Book "Camp All-American, Hanoi Jane, And The High-And-Tight: Gender, Folklore, And Changing Military Culture", Charles H. Rose Iii

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

No abstract provided.


Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn Feb 2006

Women In Post-Conflict Reconstruction: Dilemmas And Directions, Naomi R. Cahn

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

No abstract provided.


A Response To Professor Rose's "Deconstructing Truth", Carol Burke Feb 2006

A Response To Professor Rose's "Deconstructing Truth", Carol Burke

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

No abstract provided.


Madam Secretary, Drury Stevenson Feb 2006

Madam Secretary, Drury Stevenson

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

No abstract provided.


Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets Feb 2006

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.


Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets Feb 2006

Battered Nation Syndrome: Relaxing The Imminence Requirement Of Self-Defense In International Law, Michael Skopets

American University Law Review

No abstract provided.


The Quiet Revolution: Repeal Of The Exclusionary Statutes In Combat Aviation - What We Have Learned From A Decade Of Integration, Alice W.W. Parham Feb 2006

The Quiet Revolution: Repeal Of The Exclusionary Statutes In Combat Aviation - What We Have Learned From A Decade Of Integration, Alice W.W. Parham

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

No abstract provided.


Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas Jan 2006

Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas

McGeorge Law Review

No abstract provided.


Honor Thy Mother: The Supreme Court's Jurisprudence Of Motherhood, Laura Oren Jan 2006

Honor Thy Mother: The Supreme Court's Jurisprudence Of Motherhood, Laura Oren

UC Law SF Journal on Gender and Justice

The United States Supreme Court's views about motherhood must be teased out from holdings it fails to connect into a coherent whole. The Justices have considered issues relating to women's physical and social reproductive roles in four major areas: comparative family relationships (unwed mothers versus unwed fathers), dependent mothers, mothers in the workplace, and the right to choose or refuse to become a mother. Despite some positive developments and much lip service, the Court's jurisprudence of motherhood fails to follow one of the fundamental precepts of our culture - "Honor Thy Mother."


Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds Jan 2006

Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds

UC Law SF Journal on Gender and Justice

In an era where courts are expanding the scope of a constitutionally protected right to privacy, it is hard to imagine that the exercise of that right is being legally perverted to promote eugenic ideals. This, however, is precisely what has been happening in the state of California. This Note explores how modern day policies and practices, such as the family cap component of welfare policy, the sale of the reproductive capacity of drug addicts, and prohibitions on procreation as a term of probation, are used to coerce women with regard to their reproductive decisions


Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen Jan 2006

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …


A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto Jan 2006

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …


Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas Jan 2006

Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas

Michigan Journal of Gender & Law

This Article explores the reconceptualization of domestic violence in India through an analysis of the economic abuse provision of the recently passed Domestic Violence Act. The author argues that although India has taken a significant step towards advancing women's rights by characterizing economic abuse as a form of domestic violence, effective implementation of the law requires a broad interpretation of the economic abuse provision. To be consistent with the purpose of the statute and India's constitutional and international human rights obligations, "economic abuse" must be interpreted broadly to include the deprivation of a woman's control over her economic resources. Economic …