Law Commons^™

Examining Gender Stereotypes In New Work/ Family Reconciliation Policies, Rangita De Silva De Alwis

Rangita de Silva de Alwis

Examining Gender Stereotypes in New Work/ Family Reconciliation Policies: The Creation of a New Paradigm for Egalitarian Legislation This paper examines numerous laws that have adopted the dual earner/dual career models, thereby transcending distinctions based on gender. This model celebrates and privileges care giving by both men and women by placing it at the heart of work family reconciliation policies, thus beginning to dismantle many historically embedded gender stereotypes and allotting the special treatment that is traditionally offered to mothers to both men and women who choose to perform child caring duties. This paper advances the notion that new laws …

Family Security Insurance: A New Foundation For Economic Security, Gillian Lester

Gillian Lester

No abstract provided.

Towards A Gender-Inclusive Definition Of Child Soldiers: The Prosecutor V. Thomas Lubanga Dyilo, Kristin M. Gallagher

Kristin M Gallagher

The trial of Thomas Lubanga Dyilo (“Thomas Lubanga”) will set international precedent for crimes related to child soldiers. As it is the first trial before the International Criminal Court (“ICC” or the Court), the Court will be setting a standard for interpreting what it means to conscript, enlist or use child soldiers actively in combat. This paper argues that the trial of Thomas Lubanga Dyilo currently before the International Criminal Court represents an opportunity for a precedent-setting decision regarding the use of child soldiers. It also argues for an interpretation of the law that recognizes the changing face of war …

Women And Pornography: The Reasons, The Benefits And The Risks, Guy Kochlani

Guy Kochlani

This Article examines the reasons why women enter the porn industry, the benefits of joining it and its risks. Specifically, this Article concentrates on the five major reasons why women enter the porn industry: 1) physical/sexual/mental abuse (reasons for building self-confidence and feeling important); 2) financial (last resort to earn money in a short time frame or building a business empire); 3) fame (believes that this is a stepping stone into Hollywood); 4) nymphomania (sexual addiction); and 5) human trafficking (forced in becoming a sex slave). In addition, this Article will lay out the benefits of entering such an industry, …

Employee "Free" Choice In The Mirror Of Liberty, Fairness And Social Welfare, Harry G. Hutchison

Harry G. Hutchison

The publication of Richard Epstein’s book, THE CASE AGAINST THE EMPLOYEE FREE CHOICE ACT provides an opportunity to reconsider (A) the movement to displace the regime of judge-made law that had previously governed labor relationships, (B) the purpose of the NLRA and (C) the revolutionary implications of the effort to transform the NLRA into a law that places its thumb on the scale in favor of unionization. Describing the central provisions of the Employee Free Choice Act (EFCA), its economic consequences, its constitutional implications, and its connection to the decline of unionism, Epstein offers a balanced portrayal of the EFCA …

Statistical Evidence On The Gender Gap In Law Firm Partner Compensation, Marina Angel, Eun Young Whang, Rajiv Banker, Joseph F. Lopez

Marina Angel

Our study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine why women partners are compensated less: because they are less productive than men partners or because they are women. The AmLaw 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each AmLaw 200 firm. Our study covers the years 2002 to 2007.

The ratio of women equity …

“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Beth Van Schaack

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …

The Parentless Child's Right To A Permanent Family, Joseph S. Jackson, Lauren G. Fasig

Joseph S. Jackson

Abstract More than 420,000 children in the United States are in foster care, and more than 110,000 of them are waiting to be adopted. State adoption statutes typically seek to achieve adoption for these children as promptly as possible, but some limit the pool of potential adoptive parents in one way or another. In this Article, we argue that such restrictions violate the State’s constitutional duties to parentless children in its care. Specifically, we contend that children in State custody have a substantive liberty interest in a secure and stable family relationship, because such a relationship is essential in order …

Actual Notice And Deliberate Indifference: The Impact Of Mansourian V. Regents Of The University Of California On Title Ix, Mitchell J. Kim

Mitchell J Kim

The recent Ninth Circuit case of Mansourian v. Regents of the University of California held that individuals could file claims in court against schools for discriminating based on gender in violation of Title IX without first notifying the school of the alleged violation so that it might have an opportunity to rectify the violation. Specifically, the “notice and opportunity” requirement is not required in the context of intercollegiate athletics. The Court mistakenly equated “deliberate indifference” with “intentional action,” thereby relieving claimants of any responsibility to resolve the problems with the schools themselves. Due to the flexible standards for a school …

Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart

Sarah Montana Hart

This article argues that the American Bar Association Model Rules of Professional Conduct are not only biased in favor of Judeo-Christian biblical values, but actually are religious rules based in the Bible. The religious nature of the Model Rules affects lawyers in several different ways. There must be awareness of and a conscious choice about the nature and effects that these rules have on law students, bar applicants, and practicing lawyers.

May It Please The Senate: An Empirical Analysis Of The Senate Judiciary Committee Hearings Of Supreme Court Nominees, 1939-2009, Lori A. Ringhand, Paul M. Collins

Lori A. Ringhand

This paper examines the questions asked and answers given by every Supreme Court nominee who has appeared to testify before the Senate Judiciary Committee since 1939. In doing so, it uses a new dataset developed by the authors. This dataset, which provides a much-needed empirical foundation for scholarship in emerging areas of constitutional law and political science, captures all of the statements made at the hearings and codes these comments by issue area, subissue area, party of the appointing president, and party of the questioning senator. The dataset allows us to quantify for the fist time such things as which …

Legal Discrimination? Reasons Behind Low Levels Of Female Partnership In Law Firms And How To Correct It, Jeffrey L. Gower

Jeffrey L Gower

As the legal profession gradually reaches equality in numbers among male and female practitioners, the percentage of female law firm partners remains at relatively low levels. Equity partnership in a law firm remains the last bastion of male dominance, shutting the door on sharing the wealth within the profession. As stated by Reichman and Sterling, compensation disparity is clearly the foundation of gender disparity. However, the increase in female attorneys has also brought about a critical mass of women who do not want to participate in the years of long hours and high billable hours that many firms require on …

Emergent Disability & The Limits Of Equality: A Critical Reading Of The Un Convention On The Rights Of Persons With Disabilities, Elizabeth R. Ribet

Elizabeth R Ribet

The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to and conceptions of disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the frameworks of U.S. domestic equal protection and disability civil rights law. Drawing on critical race and feminist theoretical literature, this paper critically examines the implications of internationalizing a U.S. disability law framework, with particular attention to the problem of "emergent disability", or disability which is specifically produced as a …

Emergent Disability & The Limits Of Equality: A Critical Reading Of The Un Convention On The Rights Of Persons With Disabilities, Elizabeth R. Ribet

Elizabeth R Ribet

The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to and conceptions of disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the frameworks of U.S. domestic equal protection and disability civil rights law. Drawing on critical race and feminist theoretical literature, this paper critically examines the implications of internationalizing a U.S. disability law framework, with particular attention to the problem of "emergent disability", or disability which is specifically produced as a …

Emergent Disability & The Limits Of Equality: A Critical Reading Of The Un Convention On The Rights Of Persons With Disabilities, Elizabeth R. Ribet

Elizabeth R Ribet

The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to and conceptions of disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the frameworks of U.S. domestic equal protection and disability civil rights law. Drawing on critical race and feminist theoretical literature, this paper critically examines the implications of internationalizing a U.S. disability law framework, with particular attention to the problem of "emergent disability", or disability which is specifically produced as a …

White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner

Theresa M. Beiner

Justice Sonia Sotomayor’s confirmation hearing took a controversial turn when commentators picked up on a reference in the New York Times to a portion of a speech she gave in 2001. In that speech, then Judge Sotomayor opined that, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” That statement, along with her participation in the per curiam decision in Ricci v. DeStefano, caused a minor storm during her confirmation. More recently, former Harvard Dean and former …

A Final Obstacle: Barriers To Divorce For Immigrant Victims Of Domestic Violence In The United States, Mariela Olivares

Mariela Olivares

Low-income immigrant victims of domestic violence face significant—and understudied—social, legal and political obstacles in obtaining divorces from their abusive spouses. Moreover, funding restrictions on legal service providers often prohibit their representation of victims in divorce proceedings, which further reduces immigrant victims’ ability to obtain meaningful divorce relief. These issues are virtually unexamined in the scholarly literature; the problem of the abused, immigrant wife seeking a divorce has been given short shrift. This Article examines the problems confronting this community then proposes reforms to address its particular needs. Part I explores the unique condition of the immigrant living in the United …

Teens, Technology, And Cyberstalking: The Domestic Violence Wave Of The Future?, Andrew J. King-Ries

Andrew J King-Ries

While the legal system has made progress in combating domestic violence in the last 30 years, this progress is threatened by the intersection of two recent developments: teenagers normalizing unhealthy relationship patterns through pervasive use of technology and law enforcement’s inability to adequately respond to cyberstalking. The combination of these trends suggests America is producing a new generation of domestic violence batterers.

Recent studies document extensive use of technology—email, texts, social networking—by teenagers in their intimate relationships. Teenagers’ use of technology in their dating relationships often mimics relationship patterns present in violent adult relationships. Teenagers appear to be normalizing unhealthy …

Marriage As A Trade: Bridging The Private/Private Distinction, Martha M. Ertman

Martha M. Ertman

No abstract provided.

Domestic Violence And Spyware: How And Why Spousal Abuse Through Spyware Lies Outside The Protection Of California Law And A Proposal For Reform., Terese Laubscher

Terese E Laubscher

No abstract provided.

"Polyamory As A Sexual Orientation", Ann E. Tweedy

Ann E. Tweedy

This article examines, from a theoretical standpoint, the possibility of expanding the definition of "sexual orientation" in employment discrimination statutes to include other disfavored sexual preferences, specifically polyamory. It first looks at the fact that the current definition of "sexual orientation" is very narrow, being limited to orientations based on the sex of those to whom one is attracted, and explores some of the conceptual and functional problems with the current definition. Next the article looks at the possibility of adding polyamory to current statutory definitions of sexual orientation, examining whether polyamory is a sufficiently embedded identity to be considered …

The Causal Relationship Of Sex, Pregnancy, Lactation, And Breastfeeding And The Meaning Of "Because Of . . . Sex" Under Title Vii, L. Camille Hebert

L. Camille Hebert

This article explains the decisions of a number of courts that have found that lactating and breastfeeding women are not entitled to the protections of Title VII and explains why those decisions are wrong. The article then explains how these issues should be treated under the normal application of Iitle VII principles, including the scope of protected groups generally and principles of sexual stereotyping, and discusses how the theories of disparate treatment and dipsrate impact would be applied to claims of discrimination against lactating women. Finally, the article explores why the recent enactment of a provision in the Health Care …

The Pedagogy Of Violence, Yxta M. Murray

Yxta M. Murray

In The Pedagogy of Violence, I develop a legal theory of the ways in which human beings teach each other to be violent. I am responding to the “contagion of violence” theory advocated by legal theorists such as Colin Loftin and Dr. Jeffrey Fagan, who argue that violence is akin to a contagious disease. Using disease as their paradigm, Loftin and Fagan contend that courts and political institutions should address the problem of violence through what they call the “epidemiological” approach; that is, they say that violence should be addressed as a public health problem. Though I do not take …

A “Supremer” Court?: How An Unfavorable Ruling In The Inter-American Commission On Human Rights Should Impact United States Domestic Violence Jurisprudence, Ethan G. Kate

Ethan G. Kate

After her substantive and procedural due process claims were dismissed in the Supreme Court, Jessica Gonzales took the unprecedented step of filing a claim with the Inter-American Commission of Human Rights, the first time such an allegation of human rights violations had been brought against the United States. Gonzales’ case has implicated two hot-button issues in modern United States jurisprudence: domestic violence prevention and the role of international law in domestic courts. Several scholars have looked at Gonzales’ case as it relates either to domestic violence or international law, but few have looked at the interplay between both issues. Specifically, …

A “Supremer” Court?: How An Unfavorable Ruling In The Inter-American Commission On Human Rights Should Impact United States Domestic Violence Jurisprudence, Ethan G. Kate

Ethan G. Kate

After her substantive and procedural due process claims were dismissed in the Supreme Court, Jessica Gonzales took the unprecedented step of filing a claim with the Inter-American Commission of Human Rights, the first time such an allegation of human rights violations had been brought against the United States. Gonzales’ case has implicated two hot-button issues in modern United States jurisprudence: domestic violence prevention and the role of international law in domestic courts. Several scholars have looked at Gonzales’ case as it relates either to domestic violence or international law, but few have looked at the interplay between both issues. Specifically, …

"Polyamory As A Sexual Orientation", Ann E. Tweedy

Ann E. Tweedy

This article examines the possibility of expanding the definition of “sexual orientation” in employment discrimination statutes to include other disfavored sexual preferences, specifically polyamory. It first looks at the fact that the current definition of “sexual orientation” is very narrow, being limited to orientations based on the sex of those to whom one is attracted, and explores some of the conceptual and functional problems with the current definition. Next the article looks at the possibility of adding polyamory to current statutory definitions of sexual orientation, examining whether polyamory is a sufficiently embedded identity to be considered a sexual orientation and …

Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss

Michael I Krauss

Virginia's most important Proximate Causation case turns out also to be a revealing case study of government regulation, of women's rights and of race relations in the Old Dominion. After considerable original research, this article presents the "rest of the story." This article will become, we think, an important contribution both to Tort theory, to American legal history and to the history of Washington, DC and of Virginia.

"The Woman In The Street:" Reclaiming The Public Space From Sexual Harassment, Deborah Thompson Eisenberg

Deborah Thompson Eisenberg

No abstract provided.

The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct, Peter Nicolas

Peter Nicolas

In this manuscript, I examine the question whether the law of adultery applies to same-sex extramarital conduct, which has divided courts nationwide. While the case law to date has been sparse—since the issue has only arisen in the context of opposite-sex marriages in which one spouse has an extramarital same-sex relationship—with the growth in the number of states recognizing same-sex marriage, the question is certain to recur with increased frequency.

In the manuscript, I examine the question in four different contexts: criminal adultery prosecutions, fault-based divorce actions, civil tort actions for interference with the marital relationship, and murder cases raising …

Sex V. Race, Again, Tracy A. Thomas

Tracy A. Thomas

In this book, feminists speak out on race and gender in the 2008 presidential campaign. Who should be first? With Barack Obama and Hillary Clinton as frontrunners, the 2008 Democratic primary campaign was a watershed moment in U.S. history. Offering the choice of an African American man or a white woman as the next Democratic candidate for president, the primary marked an unprecedented moment—but one that painfully echoed previous struggles for progressive change that pitted race and gender against each other. Who Should Be First? collects key feminist voices that challenge the instances of racism and sexism during the presidential …