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2002

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Full-Text Articles in Law

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy Dec 2002

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo …


“Private” Crime In Public Housing: Violent Victimization, Fear Of Crime And Social Isolation Among Women Public Housing Residents, Claire M. Renzetti, Shana L. Maier Dec 2002

“Private” Crime In Public Housing: Violent Victimization, Fear Of Crime And Social Isolation Among Women Public Housing Residents, Claire M. Renzetti, Shana L. Maier

CRVAW Faculty Journal Articles

Although public housing is typically associated with high crime rates, little research has been done on fear of crime or violent victimization experiences among public housing residents. Moreover, there are few studies that look specifically at women’s fear of crime or violent victimization experiences in public housing, despite the fact that women constitute the majority of public housing residents. These issues were examined in the present study through interviews with female public housing residents in Camden, New Jersey (NJ). The interviews reveal high rates of violent victimization, especially at the hands of intimates and acquaintances. Fear of crime is also …


The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday Dec 2002

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Jill Elaine Hasday

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance.

Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s] or perpetuate[s] the legal, social, and …


The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday Dec 2002

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Michigan Law Review

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …


Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri Oct 2002

Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri

Law Faculty Publications

It is best to understand Islam through its core concept,· adalah (justice). This is a complex concept that thoroughly permeates the Islamic worldview. It is not reducible to retributive justice, because it is a higher-order concept whose backbone is the Mizaan (balance and harmony).


Will Sex Prevail Over The Best Interest Of The Child?, Elizabeth C. Barcena Sep 2002

Will Sex Prevail Over The Best Interest Of The Child?, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.


Human Trafficking: Criminalization Of Victims In The Sex Industry, Wendy M. Gonzalez Sep 2002

Human Trafficking: Criminalization Of Victims In The Sex Industry, Wendy M. Gonzalez

Buffalo Women's Law Journal

No abstract provided.


Rights Of Women Workers: A Review Of Current U.S. Trade Agreements, Julie Keefe Sep 2002

Rights Of Women Workers: A Review Of Current U.S. Trade Agreements, Julie Keefe

Buffalo Women's Law Journal

No abstract provided.


Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia Sep 2002

Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia

Buffalo Women's Law Journal

No abstract provided.


Domestic Violence And Joint Custody: New York Is Not Measuring Up, Tonia Ettinger Sep 2002

Domestic Violence And Joint Custody: New York Is Not Measuring Up, Tonia Ettinger

Buffalo Women's Law Journal

No abstract provided.


The Availability Of Domestic Violence Services For Latinas In New York State: Phase Ii Investigation, Jenny Rivera Sep 2002

The Availability Of Domestic Violence Services For Latinas In New York State: Phase Ii Investigation, Jenny Rivera

Buffalo Public Interest Law Journal

No abstract provided.


Symbolic Rites: Examining The Adequacy Of Federal Legislation Addressing The Problem Of Female Excision In The United States, Christopher T. Paresi Sep 2002

Symbolic Rites: Examining The Adequacy Of Federal Legislation Addressing The Problem Of Female Excision In The United States, Christopher T. Paresi

Buffalo Human Rights Law Review

No abstract provided.


Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr. Aug 2002

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …


Towards A National Putative Father Registry Database, Mary M. Beck Jul 2002

Towards A National Putative Father Registry Database, Mary M. Beck

Faculty Publications

This Article analyzes putative father registries and proposes federal legislation to create a national database that will enhance and connect the state and local registries. Issues and events leading to the development of registries are reviewed in Part I. Putative father registry mechanics and applicable case law are analyzed in Parts II and III.


The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury Jul 2002

The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury

Osgoode Hall Law Journal

In this article, the author examines some of the critiques made and some of the aspirations raised in the early days of the Charter by left/feminist/marginalized groups about the Charter, the equality guarantee, and the judicial decision makers. The author explores how these fears and hopes have played out with respect to Charter equality rights for women by looking at some of the sex equality decisions that have been made by the Supreme Court of Canada. The cases are discussed under the headings of reproduction, violence against women, family, employment, and socio-economic claims to explore how the sex equality analysis …


After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover Jun 2002

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

University of Michigan Journal of Law Reform

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …


Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles Jun 2002

Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles

Cornell Law Faculty Publications

This essay traces the relationship between activists and academics involved in the campaign for “women’s rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The paper …


Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith May 2002

Parental-Status Employment Discrimination: A Wrong In Need Of A Right?, Peggie R. Smith

University of Michigan Journal of Law Reform

This Article evaluates strategies to challenge employment discrimination based on parental status. Specifically, it examines proposals put forth by some commentators to establish parental status as a protected class. While such a suggestion is attractive, the Article argues that it ultimately offers few practical advantages and remains wedded to a limited conception of equality, requiring only that employment decisions not reflect differences based on parenthood. Consequently, such a strategy would satisfy anti-discrimination legislation so long as both men and women with parental obligations are equally ill-treated. The Article concludes that a shift in perspective from gender to parental status will …


Hearing On "Campus Violence Against Women", Assembly Committee On Higher Education Apr 2002

Hearing On "Campus Violence Against Women", Assembly Committee On Higher Education

California Assembly

No abstract provided.


Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein Apr 2002

Procedural Justice: Tempering The State's Response To Domestic Violence, Deborah Epstein

William & Mary Law Review

No abstract provided.


Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford Apr 2002

Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Using the University of Pennsylvania's Law Department and, to some extent, the figure of Carrie Burnham Kilgore as lenses, this article examines a thirty year period of major changes in legal education. In Part I, Prof. Crawford describes the historical roots of the school and its halting establishment in light of the predominant role individual lawyers played in training students through law office clerkships. Part II details several related changes in the legal profession in the 1870s: the law office declined in prominence; bar associations became more active; and law schools developed rigorous requirements. In particular, Prof. Crawford describes the …


Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams Apr 2002

Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman Apr 2002

Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman

Cornell Law Faculty Publications

No abstract provided.


Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol Apr 2002

Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.

This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …


Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2002

Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Professor Azizah al-Hibri (L '85) is a Professor Emerita at the University of Richmond Law School, having served on the faculty from 1992 until her retirement in 2012. Her work has centered on developing an Islamic jurisprudence and body of Islamic law that are gender equitable and promote human rights and democratic governance. Professor al-Hibri has authored numerous book chapters, essays, and law review articles on these subjects, and her work has appeared in the highly respected Journal of Law and Religion, Harvard International Review …


Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman Mar 2002

Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman

Nevada Law Journal

No abstract provided.


One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt Mar 2002

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt

Brigham Young University Journal of Public Law

No abstract provided.


Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker Feb 2002

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch Feb 2002

When The War On Poverty Became The War On Poor, Pregnant Women: Political Rhetoric, The Unconstitutional Conditions Doctrine, And The Family Cap Restrictions, Carole M. Hirsch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker Jan 2002

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

Katharine K. Baker

This Article compares the methodological similarities between evolutionary biology and conventional law and economics. It shows how these methodologies diverge, in critical and parallel ways, from what has come to be known as feminist method. In doing so, the Article suggests that feminists in the legal academy should be suspicious of the parsimonious models upon which both conventional evolutionary biologists and conventional law and economics scholars rely. Biological and economic models employ analogous concepts of maximization (including theories of autonomy, choice, and measurement) and stable equilibria (usually produced by stable preferences) to make predictions and proscriptions for law. The simplicity …