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Law and Gender

2008

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Articles 1 - 30 of 173

Full-Text Articles in Law

A Higher Hurdle: Barriers To Employment For Formerly Incarcerated Women, Marci Seville Dec 2008

A Higher Hurdle: Barriers To Employment For Formerly Incarcerated Women, Marci Seville

Women’s Employment Rights Clinic

This report finds that a criminal record tends to serve as a barrier to employment for women. These realities can potentially impact their ability to successfully reenter their home communities, reunite with and care for their children, and act as viable participants in society. A criminal record adds an additional hurdle to employment for women and increases their vulnerability to discrimination. Research from this study may impact legislation and policies addressing education and professional training, processes to seal and expunge records, employment disparities, employer discrimination, and increased use of unnecessary or inappropriate background screening techniques.


De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra Nov 2008

De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra

Beatriz Ramirez

Es una publicación que analiza la tramitación de los delitos contra la libertad sexual en el Perú. Analiza la legislación procesal vigente aún en varias regiones del país: el Codigo de Procedimientos Penales. No se considera el proceso que viene siendo implementado con el nuevo Código Procesal Penal del año 2004.


A Lesson On Homophobia And Teasing, Eva Goldfarb Nov 2008

A Lesson On Homophobia And Teasing, Eva Goldfarb

Department of Public Health Scholarship and Creative Works

Homophobia and gay-related teasing are already present among young children. This lesson introduces the term “prejudice” and places the concept of homophobia within the context of bullying and teasing with which 8–11-year-olds are already familiar. The lesson builds empathy as children think about and discuss how they have felt when they have been teased or called a name and how they think people in gay or lesbian families would feel. The lesson celebrates the lives of gay and lesbian people as it celebrates diversity among all people and families. Children are encouraged to think about the diversity within their ...


Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2008

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol Oct 2008

The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations ...


From Hillary Clinton To Lady Macbeth: Or, Historicizing Gender, Law, And Power Through Shakespeare's Scottish Play, Carla Spivack Oct 2008

From Hillary Clinton To Lady Macbeth: Or, Historicizing Gender, Law, And Power Through Shakespeare's Scottish Play, Carla Spivack

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

Female rule was anomalous in the sixteenth century, therefore, Elizabeth I developed a complex set of symbols, rooted in claims traditionally made by male rulers, to legitimate her claim to rule. Nonetheless, her reign was anxiety-provoking, and this article argues that the years after her death saw a backlash against female power. Part of this backlash consisted of the reworking of the symbols Elizabeth had used. This article examines this process of revision in Shakespeare's play Macbeth and, later, in the responses of King James I to claims of demonic possession.

This article draws together three historical moments - Queen ...


Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider Oct 2008

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman Sep 2008

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Martha M. Ertman

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce ...


Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein Sep 2008

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson Sep 2008

Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson

Campbell Law Review

This Article brings forth some general reflections on domestic work and the feminization of migration, with particular emphasis on the complex interrelation of immigration status, gender, class, and race that takes place in this context. In light of these reflections, the Article concludes by recommending the promulgation of additional national and international regulatory schemes designed to protect the human rights of domestic workers.


Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd Aug 2008

Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd

Cornell Law Faculty Working Papers

Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are ...


Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar Jul 2008

Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar

Department of Sociology Faculty Scholarship and Creative Works

Purpose: Given South Africa’s apartheid history, studies have primarily focused on racial discrimination in employment outcomes, with lesser attention paid to gender and context. This paper fills an important gap by examining the combined effect of macro-and micro-level factors on occupational sex segregation in post-apartheid South Africa. Intersections by race are also explored. Design/methodology/approach A multilevel multinomial logistic regression is used to examine the influence of various supply and demand variables on women’s placement in white- and blue-collar male-dominated occupations. Data from the 2001 Census and other published sources are used, with women nested in magisterial ...


Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks Jun 2008

Lawrence Summers At The Nber Conference: The Real Deal, Taunya Lovell Banks

Taunya Lovell Banks

This mini commentary is written in response to a public speech made by Lawrence Summers, then President of Harvard University in 2005 in which he asserted that the under-representation of women in science and engineering may be due in part to biological differences in abilities between women and men. This commentary argues that Summers' remarks constitute a brief against affirmative action for women stated so broadly that it easily encompasses objections to affirmative action for blacks and other non-white Americans. It concludes that our inability or unwillingness to make connections between gender bias and racial privilege helps to maintain a ...


Gender Bias In The Classrom, Taunya Lovell Banks Jun 2008

Gender Bias In The Classrom, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks Jun 2008

Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr May 2008

Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr

Julia Simon-Kerr

The American rules for impeaching witnesses developed against a cultural background that equated a woman's "honor," and thus her credibility, with her sexual virtue. The idea that a woman's chastity informs her credibility did not originate in rape trials and the confusing interplay between questions of consent and sexual history. Rather, gendered notions of honor so permeated American legal culture that attorneys routinely attempted to impeach female witnesses by invoking their sexual histories in cases involving such diverse claims as title to land, assault, arson, and wrongful death. But while many courts initially accepted the notion that an ...


“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot May 2008

“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot

Working Paper Series

The story of Alice Paul’s National Woman’s Party and its 1917 picketing campaign onbehalf of woman suffrage is almost unknown in legal circles. Yet the suffrage pickets were among the earliest victims of the suppression of dissent that accompanied the entry of the United States into World War I. Nearly forty years before the modern civil rights movement brought the concept of nonviolent civil disobedience to the forefront of American political discourse, the NWP conducted a direct action campaign at the very doorstep of the President of the United States, and they did so during a time of ...


A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots Apr 2008

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.


Recognizing Women's Worth: The Human Rights Argument For Ending Prostitution In India, Nicole J. Karlebach Apr 2008

Recognizing Women's Worth: The Human Rights Argument For Ending Prostitution In India, Nicole J. Karlebach

Boston College Third World Law Journal

In Indian Feminisms: Law, Patriarchies and Violence in India, Geetanjali Gangoli recounts how the Indian feminist movement, identifiable for its uniquely Indian concepts of womanhood and equal rights, has been effective in promoting equality for women. Gangoli attributes this success to the fact that Indian feminists have influenced legislation and dialogue within the country, while also recognizing the reality of intense divides among castes and religions. This book review examines the vague nature of Indian law in regard to prostitution, a topic that has been the source of extensive feminist debate. India should fully outlaw the practice of prostitution in ...


Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber Apr 2008

Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.


The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith Apr 2008

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background ...


Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox Apr 2008

Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox

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

The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The analysis is embedded in feminist discourse on home, from traditional critiques of the association between women and home to evolving conceptions of the benefits and the burdens of home for contemporary feminist theory. This article traces the ideas of "home" and "homeownership" for American women and considers how it might be ...


Judging Sex In War, Karen Engle Apr 2008

Judging Sex In War, Karen Engle

Michigan Law Review

Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual ...


"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith Apr 2008

"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith

West Virginia Law Review

No abstract provided.


The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy Mar 2008

The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy

All Faculty Scholarship

Reporting on recent research at Chicago-Kent Law School and supported by studies at other schools, a group of student panelists noted sharp differences in participation rates in class discussions and lower feelings of self-confidence among female students compared with their male counterparts.


Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi Mar 2008

Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

Women human rights defenders need to work closely with feminist human rights defenders; both groups must empower each other and promote gender-sensitization of other members of the rights movements against militarization.

Despite the fact that women’s human rights defenders in the women’s movements have brought about some positive legal changes for women’s human rights, there are political, economic and social patriarchal contexts, especially through militarization, that obstruct ideal legislation and enforcement to cover all areas which have been identified in international instruments, especially the Convention on the Elimination of All Discrimination against Women and the Declaration on ...


The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman Mar 2008

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia Mar 2008

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.


Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian Mar 2008

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.


The Caged Canary, Elizabeth Alexander Feb 2008

The Caged Canary, Elizabeth Alexander

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

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are ...