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Duke Journal of Gender Law & Policy

2009

Legislation

Articles 1 - 5 of 5

Full-Text Articles in Law

Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman Aug 2009

Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman

Duke Journal of Gender Law & Policy

[...] I took the bus to my uncle's house. [...] that wasn't the truth, or at least not all of it. Because in the end, there were a million reasons why it hadn't happened to me.


What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet Aug 2009

What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet

Duke Journal of Gender Law & Policy

[...] the supreme law of the land seems to embody a blatant contradiction. The Pakistani Constitution extends protection to an impressive catalog of fundamental rights, placing Pakistan in line with some of the most western-minded constitutional regimes in the world.3 At the same time, in contrast to the American-style constitutional commitment to separate church and state,4 the Pakistani regime is constitutionally committed to integrate the two, in the sense that all laws must conform to the injunctions of Islam as a condition of their constitutional validity.5 So the same Constitution that protects western fundamental rights also elevates Islamic law, a …


Legislating For The Provision Of Comprehensive Substance Abuse Treatment Programs For Pregnant And Mothering Women, Janet W. Steverson, Traci Rieckman Phd Aug 2009

Legislating For The Provision Of Comprehensive Substance Abuse Treatment Programs For Pregnant And Mothering Women, Janet W. Steverson, Traci Rieckman Phd

Duke Journal of Gender Law & Policy

Additionally, in writing this article it became clear that, although the data collection in this area has improved over the past twenty years, more specific data is needed in order to have a clearer picture of the exact nature of the unmet need so that the states can better address it. [...] although the authors were able to obtain enough information to provide some suggestions to the states for providing treatment programs for pregnant and mothering women, work in the area is severely limited by the lack of accessible data.


Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat Jan 2009

Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat

Duke Journal of Gender Law & Policy

[...] visitation rights are considered to arise from the very fact of parenthood, so that parents are entitled to this right simply by being legally recognized as parents. [...] visitation rights are subject to the general rule of parental exclusivity: only a child's legal parents have rights considered parental, and non-parents cannot acquire them.


The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley Jan 2009

The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley

Duke Journal of Gender Law & Policy

Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.