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Articles 91 - 120 of 338
Full-Text Articles in Law
Profundizando La Igualdad Desde La Orientación Sexual: A Propósito De La Sentencia De La Corte Interamericana De Derechos Humanos Del Caso Karen Atala E Hijas Contra Chile, Beatriz Ramirez, Jeannette Llaja
Profundizando La Igualdad Desde La Orientación Sexual: A Propósito De La Sentencia De La Corte Interamericana De Derechos Humanos Del Caso Karen Atala E Hijas Contra Chile, Beatriz Ramirez, Jeannette Llaja
Beatriz Ramirez
Feminism Unmodified [Book Review], Dan Danielsen
Feminism Unmodified [Book Review], Dan Danielsen
Dan Danielsen
This article is a book review of "Feminism Unmodified" by Catherine A. MacKinnon, Cambridge: Harvard University Press, 1987.
Occupy Wall Street: A Movement In The Making, Hannah G. Kaneck
Occupy Wall Street: A Movement In The Making, Hannah G. Kaneck
Senior Theses and Projects
It has changed the landscape of America in just the last eight months. Cries of “We are the 99%” fill the air. People are angry. Many will argue for years to come what the occupation has actually done for American society, politics and culture. It is clear though that things are changing. A precipice has been reached and it does not seem that those truly devoted to changing the system will back away quietly. Over the last 28 weeks I have read countless articles and interviews of occupiers from all over the world who have converged on Zuccotti Park in …
Sexing Harris: The Law And Politics Of The Movement To Defund Planned Parenthood, Mary Ziegler
Sexing Harris: The Law And Politics Of The Movement To Defund Planned Parenthood, Mary Ziegler
Buffalo Law Review
No abstract provided.
What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges
What's Best For Women: Examining The Impact Of Legal Approaches To Prostitution In Cross-National Perspective And Rhode Island, Malinda Bridges
Honors Projects
This research analyzes legal approaches to prostitution on a cross-national level in order to determine if legal methods that regulate prostitution have an effect on prostitution. In order to examine these concepts, legel approaches were first identifed in the United States, Germany, the Netherlands, and Sweden. Following this analysis, the effects of these legal approaches are reported. Instead of working from a strictly sociological standpoint, this project focused greatly on the legal aspects that affect prostitution.
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Political Science Honors Projects
This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.
Biology And Equality: Challenge For Feminism In The Socialist And The Liberal State, Margaret Woo
Biology And Equality: Challenge For Feminism In The Socialist And The Liberal State, Margaret Woo
Margaret Y. K. Woo
This article examines recent Chinese laws on the issue of women and work. While Chinese regulations regarding women and work can be viewed as simply a reflection of the latest state policy on economic development, these regulations can also be viewed as an example of the familiar tension between standards that protect women and those that promote equality of opportunity. More importantly, these regulations reveal a philosophical change in the attitude towards Chinese women. In both tone and focus, the new Chinese regulations have origins in socialist ideals and Confucian traditions. They are Confucian in their focus on the importance …
Changing Social Security To Achieve Long-Term Solvency And Make Other Improvements: Background Factors, Issues, Options, Peter W. Martin
Changing Social Security To Achieve Long-Term Solvency And Make Other Improvements: Background Factors, Issues, Options, Peter W. Martin
Cornell Law Faculty Working Papers
For years those responsible for Social Security and policy analysts have acknowledged that the present statutory framework for determining and financing program benefits is unsustainable. Nonetheless, despite the work of Presidential commissions, countless Congressional hearings, proposals for reform advanced by individuals and groups across the political spectrum, changes to Social Security that would restore its fiscal balance into the foreseeable future have repeatedly been deferred or deflected by the nation's law-makers.
This paper aims to assist analysis of and reflection on the range of options for ensuring Social Security's future while not adding yet another solvency proposal to the already …
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Nguyen V. Ins And The Application Of Intermediate Scrutiny To Gender Classifications: Theory, Practice, And Reality, Norman T. Deutsch
Pepperdine Law Review
The Supreme Court has articulated three theoretically different standards of review for determining whether government action has denied any person equal protection of the laws: rational basis, intermediate scrutiny, and strict scrutiny. One area of this tri-level jurisprudence that continues to be troublesome in practice is the application of intermediate scrutiny to gender classifications. Nguyen v. INS is significant because it is the first case in which all nine Justices unequivocally applied that standard in such a case. Nonetheless, the application of the standard remains problematic since the Court split five to four on its application to the facts. This …
Stopping The Chronic Batterer Through Legislation: Will It Work This Time?, Prentice L. White
Stopping The Chronic Batterer Through Legislation: Will It Work This Time?, Prentice L. White
Pepperdine Law Review
No abstract provided.
Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary
Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary
Susana L. SáCouto
No abstract provided.
The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell
The Rugged Feminism Of Sandra Day O'Connor, Judith Olans Brown, Wendy E. Parmet, Mary E. O'Connell
Mary E. O'Connell
In this Article we explore Justice O'Connor's response to the woman question by looking at her opinions on matters traditionally perceived to be of interest to women or matters historically recognized as women's issues. This leads us to consider cases about women as physical and sexual beings and cases about women as nurturers and caretakers. In addition, we look at cases about individuals who, like women, have been traditionally perceived as dependent, vulnerable, and economically insecure. We do not claim that these are the only issues that matter to women. Clearly, the range of issues that matter to women is …
Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin
Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin
All Faculty Scholarship
There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …
Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider
The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Game Plan To Fight Human Trafficking: Lessons From Super Bowl Xlvi, Abigail Lawlis Kuzma
Game Plan To Fight Human Trafficking: Lessons From Super Bowl Xlvi, Abigail Lawlis Kuzma
DePaul Journal of Women, Gender and the Law
No abstract provided.
Ongoing Employment Discrimination Against Women In The Wake Of Wal-Mart V. Dukes, Joelle M. Shabat
Ongoing Employment Discrimination Against Women In The Wake Of Wal-Mart V. Dukes, Joelle M. Shabat
DePaul Journal of Women, Gender and the Law
No abstract provided.
Attempting To Slice Out Male Circumcision, Brandon Baseman
Attempting To Slice Out Male Circumcision, Brandon Baseman
DePaul Journal of Women, Gender and the Law
No abstract provided.
Responsible Pornography: Respecting Women's Interests And Rights In The Industry, Kelly Cronin
Responsible Pornography: Respecting Women's Interests And Rights In The Industry, Kelly Cronin
DePaul Journal of Women, Gender and the Law
No abstract provided.
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Articles in Law Reviews & Other Academic Journals
Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …
Women Lawyers And Women's Legal Equality: Reflections On Women Lawyers At The 1893 World's Columbian Exposition In Chicago, Mary Jane Mossman
Women Lawyers And Women's Legal Equality: Reflections On Women Lawyers At The 1893 World's Columbian Exposition In Chicago, Mary Jane Mossman
Chicago-Kent Law Review
In Chicago in 1893, for the first time in history, women lawyers were invited to participate with male lawyers and judges at the Congress on Jurisprudence and Law Reform, one of a number of Congresses organized in conjunction with the World's Columbian Exposition. By the 1890s, women lawyers had achieved considerable success for at least two decades in gaining admission to state bars in the United States, and their success provided important precedents for women who wished to become lawyers in other parts of the world. Yet, as Nancy Cott explained, although women's admission to the professions had been seen …
The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne
The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne
Law Faculty Research Publications
The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference in …
Puerto Rican Women Nationalist Vs. U.S. Colonialism: An Exploration Of Their Conditions And Struggles In Jail And Court, Margaret Pour
Puerto Rican Women Nationalist Vs. U.S. Colonialism: An Exploration Of Their Conditions And Struggles In Jail And Court, Margaret Pour
Chicago-Kent Law Review
This article examines the legal ramifications experienced by several women members of the Puerto Rican Nationalist Party as a result of their militant opposition to U.S. colonialism in Puerto Rico. These women participated in the 1950 uprising in Puerto Rico or, in the case of Lolita Lebrón, the Nationalist Party's 1954 attack on the U.S. Congress. The article explores their sentences and conditions in prison from a gendered perspective. It also suggests that several of the women were tortured while in prison. The article concludes that the women drew strength from their political commitment to Puerto Rican independence and their …
The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, 1973–1980, Mary Ziegler
The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, 1973–1980, Mary Ziegler
Chicago-Kent Law Review
Leading studies argue that Roe itself radicalized debate and marginalized antiabortion moderates, either by issuing a sweeping decision before adequate public support had developed or by framing the opinion in terms of moral absolutes. The polarization narrative on which leading studies rely obscures important actors and arguments that defined the antiabortion movement of the 1970s. First, contrary to what the polarization narrative suggests, self-identified moderates played a significant role in the mainstream antiabortion movement, shaping policies on issues like the treatment of unwed mothers or the Equal Rights Amendment. Working in organizations like Feminists for Life (FFL) or American Citizens …
Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson
Adultery By Doctor: Artificial Insemination, 1890–1945, Kara W. Swanson
Chicago-Kent Law Review
In 1945, American judges decided the first court cases involving assisted conception. The challenges posed by assisted reproductive technologies to law and society made national news then, and have continued to do so into the twenty-first century. This article considers the first technique of assisted conception, artificial insemination, from the late nineteenth century to 1945, the period in which doctors and their patients worked to transform it from a curiosity into an accepted medical technique, a transformation that also changed a largely clandestine medical practice into one of the most pressing medicolegal problems of the mid-twentieth century. Doctors and lawyers …
Women And Poisons In 17th Century France, Benedetta Faedi Duramy
Women And Poisons In 17th Century France, Benedetta Faedi Duramy
Chicago-Kent Law Review
This article examines the involvement of the Marquise de Brinvilliers, Catherine La Voisin, and the Marquise de Montespan, in the scandal "Affair of the Poisons," during the seventeenth century in France. Through such investigation, this article interrogates the discourse surrounding gender and crime in history, deepening the understanding of women's motivation to commit murder and the strategies they adopted. Moreover, the article examines how the legal system addressed women's crime, differentiated responses based on their class and social rank, and held women accountable for poisoning the country, thus failing to acknowledge the actual shortcomings of the French monarchy, the decline …
Finding Women In Early Modern English Courts: Evidence From Peter King's Manuscript Reports, Lloyd Bonfield
Finding Women In Early Modern English Courts: Evidence From Peter King's Manuscript Reports, Lloyd Bonfield
Chicago-Kent Law Review
This article constitutes a preliminary report on cases involving women that appear in a manuscript authored by Chief Justice Peter King during the first seven years of his tenure as Chief Justice of the Court of Common Pleas in early eighteenth century England. While the 327 cases he reported in the manuscript run the gamut of the procedural and substantive matters that vexed early modem Englishmen, the cases isolated and discussed hereinafter are the fifty-five cases in which women were a party to the litigation observed. By so doing, isolating cases in which women appeared as litigants, we may catalog …
Law, Land, Identity: The Case Of Lady Anne Clifford, Carla Spivack
Law, Land, Identity: The Case Of Lady Anne Clifford, Carla Spivack
Chicago-Kent Law Review
This article presents the case history of Lady Anne Clifford, a seventeenth century Englishwoman who spent most of her adult life fighting to regain her ancestral estates, which she felt her father had unjustly left to her uncle instead of to her. Although, as the article explains, she had the better of the legal argument, that was no match for the combined forces of her two husbands and of King James I, who sought to deprive her of her land. Finally, however, because Clifford outlived her uncle's son, the last male heir, she did inherit the estates.
The article examines …
Globalization And The Re-Establishment Of Women's Land Rights In Nigeria: The Role Of Legal History, Adetoun Ilumoka
Globalization And The Re-Establishment Of Women's Land Rights In Nigeria: The Role Of Legal History, Adetoun Ilumoka
Chicago-Kent Law Review
Much has been written on women's limited legal rights to land in Nigeria and elsewhere in Africa, which is often attributed to custom and customary law. Persisting biases against women in legal regimes governing land ownership, allocation and use, result in a situation in which women, in all age groups, are vulnerable to dispossession and to abuse by male relatives in increasingly patriarchal family and community governance structures.
This paper raises questions about the genesis of ideas about women's rights to land in Nigeria today. It is an analysis of two court cases from South Western Nigeria in the early …
The Global "Parliament Of Mothers": History, The Revolutionary Tradition, And International Law In The Pre-War Women's Movement, Susan Hinely
Chicago-Kent Law Review
In spite of recent literature that examines late nineteenth and early twentieth century transnational movements in innovative ways, the largest transnational movement of that period, the women's movement, remains lodged in academic and popular memory as the "suffrage movement," a single-issue campaign waged by privileged Victorian women, a foregone development in the march of electoral progress that ended in victory with postwar enfranchisement. A fresh approach to the suffrage archive reveals instead a far more radical movement than conventional history suggests, one that explicitly linked its cause with both the revolutionary democratic tradition and with anti-colonial activism. Like the non-Western …