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Articles 1 - 27 of 27

Full-Text Articles in Law

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan Carle Oct 2011

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan Carle

Articles in Law Reviews & Other Academic Journals

This article considers four myths about the history of civil rights activism, taht have tended to cloud assessments about current current civil rights law and its potential future directions. I argue that correcting those myths can help illunundile promising paths for the future. In each instance, alternative historical narrative routes for further development of core principles of civil rights law, including further theoretical and practical work to pursue long-standing concepts of structural discrimination, the promise of experimentalist approaches to regulation and enforcement, increased interdisciplinary colaboration between law and other social science fields, and more focus on matters of economic inequality …


Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart Jun 2011

Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart

Legislation and Policy Brief

Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions. Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction. However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage. Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …


Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake May 2011

Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake

American University Journal of Gender, Social Policy & the Law

No abstract provided.


"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth May 2011

"No New Babies?" Gender Inequality And Reproductive Control In The Criminal Justice And Prisons System, Rachel Roth

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Family Medical Leave Act: What You See And What You Get, Robin R. Cockey May 2011

The Family Medical Leave Act: What You See And What You Get, Robin R. Cockey

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Language And The Law, Yadira Calvo Feb 2011

Language And The Law, Yadira Calvo

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Is Law And Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan Williams Feb 2011

Is Law And Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Comment On The Paper By Gladys Acosta, Martin D. Farrell Feb 2011

Comment On The Paper By Gladys Acosta, Martin D. Farrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier Feb 2011

Parental Rights And The Best Interests Of The Child: Implications Of The Adoption And Safe Families Act Of 1997 On Domestic Violence Victims' Rights, Rachel Venier

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters Feb 2011

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck Feb 2011

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff Feb 2011

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero Feb 2011

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Caretakers, Entitlement, And Diversity , Twila L. Perry Feb 2011

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Baehr V. Miike Feb 2011

Baehr V. Miike

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Illinois V. Wardlow Feb 2011

Illinois V. Wardlow

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters Feb 2011

Breaking Up Is Hard To Do: Comments On Martha Fineman's Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, , Suzanna Danuta Walters

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck Feb 2011

Foundational Myths And The Reality Of Dependency: The Role Of Marriage , Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero Feb 2011

Bursting The Foundational Myths Of Reproductive Labor Under Capitalism: A Call For Brave New Families Or Brave New Villages? , Mary Romero

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff Feb 2011

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy D. Polikoff

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Caretakers, Entitlement, And Diversity , Twila L. Perry Feb 2011

Caretakers, Entitlement, And Diversity , Twila L. Perry

American University Journal of Gender, Social Policy & the Law

No abstract provided.


When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov Jan 2011

When "The Evil Day" Comes, Will Title Vii's Disparate Impact Provision Be Narrowly Tailored To Survive An Equal Protection Clause Challenge?, Eang L. Ngov

American University Law Review

No abstract provided.


Punctuated Equilibrium: A Model For Administrative Evolution, Mark Niles Jan 2011

Punctuated Equilibrium: A Model For Administrative Evolution, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Equality Dissonance: Jurisprudential Limitations And Legislative Opportunities, Lia Epperson Jan 2011

Equality Dissonance: Jurisprudential Limitations And Legislative Opportunities, Lia Epperson

Articles in Law Reviews & Other Academic Journals

In his pivotal concurrence in Parents Involved in Community Schools v. Seattle School District No. 1 Justice Kennedy articulated two fundamental strains of an equality ideal for addressing systemic racial segregation and inequality in public education: he eloquently underscored the critical importance of racial integration for educational equity, and reiterated the essential role of the political branches in facilitating this integration. Kennedy noted the compelling government interest in decreasing the effects of de facto racial segregation and isolation and recognized the fallacy of a public/private distinction in defining the constitutional violation of racially segregated educational environments: The plurality opinion is …


Dignity As A Constitutional Value: A South African Perspective, Arthur Chaskalson Jan 2011

Dignity As A Constitutional Value: A South African Perspective, Arthur Chaskalson

American University International Law Review

No abstract provided.


Christian Legal Society V. Martinez: How An Obscure First Amendment Case Inadvertently And Unexpectedly Created A Significant Fourteenth Amendment Advance For Lgbt Rights Advocates , Max Kanin Jan 2011

Christian Legal Society V. Martinez: How An Obscure First Amendment Case Inadvertently And Unexpectedly Created A Significant Fourteenth Amendment Advance For Lgbt Rights Advocates , Max Kanin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez Jan 2011

Same-Sex Marriage, Same-Sex Cohabitation, And Same-Sex Families Around The World: Why ‘Same’ Is So Different?, Macarena Saez

Articles in Law Reviews & Other Academic Journals

This paper briefly explains the situation of same sex couples in countries that have opened marriage to individuals of the same sex, offers a summary and analysis of the status of same sex unions in several countries that have not opened marriage to same sex couples, and provides a comparative analysis of the most recurrent arguments used in the processes of recognition and denial of same sex unions in the countries reviewed.

Forty years ago, same sex couples were not legally accepted in any country. In the last thirty years, however, around 20% of the world has granted some rights …