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Law and Gender

2011

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Articles 1 - 30 of 318

Full-Text Articles in Law

Barriers To Women's Access To Justice In Haiti, Meena Jagannath Dec 2011

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview ...


Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey Dec 2011

Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey

Publications

Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."

Having individually and together fought their way to the top of their ...


Langdell And The Invention Of Legal Doctrine, Catharine Wells Dec 2011

Langdell And The Invention Of Legal Doctrine, Catharine Wells

Catharine P. Wells

This paper addresses two related questions. The first relates to Langdell and his development of a doctrinal theory of contract law. The substance and method of Langdell’s work has not been well understood and this paper uses a variety of historical materials to remedy this problem. It begins with a review of contract law prior to Langdell. Contract law at this time was in a very primitive state. The available treatises were confusing and the cases themselves offered little guidance for predicting future case outcomes. The paper then proceeds to examine Langdell’s method by describing certain logic texts ...


Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine P. Wells Dec 2011

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine P. Wells

Catharine P. Wells

In this Article, Professor Wells reviews Professor Margaret Jane Radin’s book, Reinterpreting Property. Professor Wells considers Radin’s work a rich repository of original insight, lucid analysis, and sharp debate and particularly appreciates the substantive introduction to the book, which analyses Radin’s ten-year project on property law in terms of the insights and methodological commitments of philosophical pragmatism. Professor Wells explores the contribution of Radin’s pragmatism to ongoing questions about the role of law in achieving social transformation and organizes her comments around the nature of Radin’s pragmatism, its connection to her feminism and what Radin ...


Churches, Charities And Corrective Justice: Making Churches Pay For The Sins Of Their Clergy, Catharine Pierce Wells Dec 2011

Churches, Charities And Corrective Justice: Making Churches Pay For The Sins Of Their Clergy, Catharine Pierce Wells

Catharine P. Wells

The Catholic Archdiocese of Boston faced the threat of large tort judgments as a result of acts of sexual abuse committed by its priests. Because the Archdiocese is a public charity, it has been suggested that the Archdiocese could invoke the Massachusetts charitable immunity statute, which in certain circumstances places a $20,000 cap on the tort liability of a charitable organization. This Article explores the role of charitable organizations in our culture, and the distinctive type of state oversight to which they are subject. It then discusses various rationales for the doctrine of charitable immunity. The Article determines that ...


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and ...


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and ...


Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy Nov 2011

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Elisabeth Keller

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers ...


Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy Nov 2011

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Elisabeth Keller

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers ...


Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2011

Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Let Women Choose What Is Best For Their Bodies And Babies: Why Illinois Should Legalize Direct-Entry Midwifery, Theresa Kleinhaus Nov 2011

Let Women Choose What Is Best For Their Bodies And Babies: Why Illinois Should Legalize Direct-Entry Midwifery, Theresa Kleinhaus

DePaul Journal of Women, Gender and the Law

No abstract provided.


Sheltering Victims: The Need For Regulations In Domestic Violence Asylum Law, Angel Marie Graf Nov 2011

Sheltering Victims: The Need For Regulations In Domestic Violence Asylum Law, Angel Marie Graf

DePaul Journal of Women, Gender and the Law

No abstract provided.


Normal For Whom? Gender Acculturation In Native American Communities, Elizabeth C. Lyons Nov 2011

Normal For Whom? Gender Acculturation In Native American Communities, Elizabeth C. Lyons

DePaul Journal of Women, Gender and the Law

No abstract provided.


Marriage As Partnership, Sanford N. Katz Oct 2011

Marriage As Partnership, Sanford N. Katz

Sanford N. Katz

In this essay honoring Professor Mary Ann Glendon, the author discusses the contract of partnerships concept of marriage as it applies to antenuptial agreements, cohabitation contracts, and property settlement agreements, the three contexts about which Professor Glendon has written in her books The New Family and the New Property (1981) and The Transformation of Family Law (1996).


Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy Oct 2011

Hidden In Plain Sight: Achieving More Just Results In Hostile Work Environment Sexual Harassment Cases By Re-Examining Supreme Court Precedent, Elisabeth A. Keller, Judith B. Tracy

Judith B. Tracy

Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago. There is little doubt that sexual harassment in the workplace persists. However, lower courts misapply or ignore Supreme Court reasoning that would result in fairer and more consistent dispositions in hostile work environment sexual harassment cases. This article draws directly on reasoning from the Supreme Court cases to explain the sources of the confusion in the lower courts and offers ...


Agency Cost Problems In Executive Compensation: An Evaluation Of Dividend Equivalent Rights On Restricted Stocks, Ufuoma Barbara Akpotaire Oct 2011

Agency Cost Problems In Executive Compensation: An Evaluation Of Dividend Equivalent Rights On Restricted Stocks, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

Some authors argue that the integration of stock options as well as restricted stocks into executive compensation may reduce the conflicts between shareholders and management but may at the same time give rise to other agency problems connected to debt. While this line of argument may hold some merit, the structure of executive compensation packages, has over the years, focused less on stock options and more on restricted stocks. A classic example of this trend is Microsoft, who in 2003, switched from using stock options to restricted stock.

Compensating executives through restricted stocks has recently come under scrutiny due to ...


Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy Oct 2011

Reconsidering Spousal Privileges After Crawford, R. Michael Cassidy

R. Michael Cassidy

In this article the author explores how domestic violence prevention efforts have been adversely impacted by the Supreme Court’s new “testimonial” approach to the confrontation clause. Examining the Court’s trilogy of cases from Crawford to Davis and Hammon, the author argues that the introduction of certain forms of hearsay in criminal cases has been drastically limited by the court’s new originalist approach to the Sixth Amendment. The author explains how state spousal privilege statutes often present a significant barrier to obtaining live testimony from victims of domestic violence. The author then argues that state legislatures should reconsider ...


Branson, No Seat At The Table: How Corporate Governance And Law Keep Women Out Of The Boardroom, Joan Macleod Heminway, Sarah White Oct 2011

Branson, No Seat At The Table: How Corporate Governance And Law Keep Women Out Of The Boardroom, Joan Macleod Heminway, Sarah White

Joan M Heminway

No abstract provided.


Martha Stewart Saved! Insider Violations Of Rule 10b-5 For Misrepresented Or Undisclosed Personal Facts, Joan Heminway Oct 2011

Martha Stewart Saved! Insider Violations Of Rule 10b-5 For Misrepresented Or Undisclosed Personal Facts, Joan Heminway

Joan M Heminway

This article analyses the criminal securities fraud charges brought against Martha Stewart. Stewart was acquitted of these charges by a federal district court judge in February 2004. Specifically, the article initially focuses on whether the securities fraud charges brought against Stewart were valid as a matter of prosecutorial discretion and substantive law and whether the court was correct in granting Stewart's motion for acquittal before handing the rest of her case to the jury for deliberation. The article then offers substantive and procedural observations about Rule 10b-5 cases like the one brought against Stewart.


Wanted: Female Corporate Directors (A Review Of Professor Douglas M. Branson's No Seat At The Table), Joan Heminway Oct 2011

Wanted: Female Corporate Directors (A Review Of Professor Douglas M. Branson's No Seat At The Table), Joan Heminway

Joan M Heminway

In his 2007 book No Seat at the Table, Professor Douglas Branson aptly describes how patterns of male dominance inherent in the legal structures of corporate governance reproduce themselves again and again to keep women out of executive suites and boardrooms, and then he offers a practical way to break this cycle of dominance-through paradigm shifting. A central value of Professor Branson's book derives from this thesis, as well as his use of nontraditional empirical data and interdisciplinary literature (in addition to more traditional decisional law and legal scholarship) to support the positions he takes. Moreover, No Seat at ...


Save Martha Stewart? Observations About Equal Justice In U.S. Insider Trading Regulation, Joan Heminway Oct 2011

Save Martha Stewart? Observations About Equal Justice In U.S. Insider Trading Regulation, Joan Heminway

Joan M Heminway

Martha Stewart is the subject of a civil enforcement action alleging violations of U.S. securities laws and regulations governing insider trading. The facts, as we now know them, suggest that the considerable governmental resources spent in pursuit of Martha Stewart (which are out of proportion to the apparent financial magnitude of any illegal trading activity) result from an express decision to single her out for potential criminal prosecution or civil enforcement based on some personal characteristic or characteristics. After describing the basic structure of insider trading regulation in the United States, this paper identifies potential structural sources of selective ...


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Heminway Oct 2011

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Heminway

Joan M Heminway

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men ...


Martha Stewart And The Forbidden Fruit: A New Story Of Eve, Joan Heminway Oct 2011

Martha Stewart And The Forbidden Fruit: A New Story Of Eve, Joan Heminway

Joan M Heminway

This paper narrates a biblical story - Eve’s ingestion of the forbidden fruit - and analogizes it to a recent business law story that I explore in my scholarship and use in my teaching - Martha Stewart’s sale of ImClone stock as alleged insider trading. The analogy, while imperfect, helps expose interesting questions about the descriptive and normative content of U.S. insider trading law and related legal process issues. Although many of the points made in the paper (and the related details and examples presented) can be and have been explored or used in other ways, I contend that the ...


Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its ...


Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco's Reformed 2004 Family Law, The Moudawana, Ann Marie Eisenberg Oct 2011

Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco's Reformed 2004 Family Law, The Moudawana, Ann Marie Eisenberg

Cornell Law Library Prize for Exemplary Student Research Papers

This Note focuses on women’s family law rights in Morocco, a country located in northwestern Africa, and often regarded as the western boundary of the Muslim-Arab world. Significantly, despite Morocco’s shared roots with nations such as Saudi Arabia in culture, religion, and language, the Moroccan government has interpreted similar traditions to yield a starkly different stance: gender equality is desirable. Morocco’s new Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women.


Part I of this Note evaluates the Moudawana in light of its break with traditional ...


Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein Oct 2011

Coalition, Cross-Cultural Lawyering, And Intersectionality: Immigrant Identity As A Barrier To Effective Legal Counseling For Domestic Violence Victims, Jessica H. Stein

Connecticut Public Interest Law Journal

Vol. 11, No. 1


Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri Oct 2011

Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri

Indiana Law Journal

Feminist legal theorists have devoted enormous attention to conceptualizing the issues of sex work and trafficking for sexual purposes. While these theories vary, they typically fall into one of two camps. The abolitionist perspective, having grown out of dominance feminist theory, perceives sex work as inherently exploitative. In contrast, a second group of theorists adopts a liberal notion of individual choice and draws on the poststructuralist rejection of gender essentialism to envision a theoretical model of sex-worker rights. The legal and public policies that grow from these two models are similarly polarized. Radical feminist abolitionists are often strange bedfellows with ...


Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin Oct 2011

Maine's Women Offenders: What Do We Know?, Erica King Msw, Jillian Foley Mppm, Mark Rubin

Justice Policy

Although Maine has one of the lowest incarceration rates of any state for both men and women, between 1999 and 2004 the state experienced an increase of 114 percent in incarceration of women, the largest increase in the nation. This study provides a descriptive analysis of the characteristics of women entering Maine's probation system in 2004, 2005 and 2006, and examines the factors contributing to recidivism, defined as an arrest for a new crime (misdemeanor or felony) while under probation supervision. The study finds that recidivism rates of Maine's women offenders vary considerably by county and by offense ...


Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke Oct 2011

Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke

Indiana Law Journal

Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of ...


Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman Oct 2011

Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman

Great Plains Research: A Journal of Natural and Social Sciences

"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of ...