Law Commons^™

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.

Inconceivable? Deducting The Costs Of Fertility Treatment, Katherine Pratt

ExpressO

No abstract provided.

"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt

Indiana Law Journal

In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …

Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman

Indiana Law Journal

No abstract provided.

Sex Discrimination In The Nineties, Seventies Style: Case Studies In The Preservation Of Male Workplace Norms, Michael L. Selmi

ExpressO

This article analyzes a series of class action employment discrimination cases that have arisen in the last decade to challenge persistent sex discrimination against women. These cases have targetted the practices in the securities and grocery industries, and include a series of sexual harassment class action claims. These cases pose a challenge to the consensual view that sex discrimination is now perpetuated through subtle practices, and instead highlight the continuing ways in which male norms are preserved in the workplace through intentional acts of hostility and exclusion.

The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, …

The New Afghan Constitution: "Equal Rights" For Women, Ann Davey

Buffalo Women's Law Journal

No abstract provided.

Women In Clinical Trials—Where Are They?, Jillian Hemstock

Buffalo Women's Law Journal

No abstract provided.

Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan

Buffalo Women's Law Journal

No abstract provided.

Postpartum Depression And New York's Child Welfare Policy In Neglect Cases, Sara Anthis

Buffalo Women's Law Journal

No abstract provided.

Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.

Bridging The “Divide” Between Feminism And Child Protection Using The Discourse Of International Human Rights , Sherrie L. Russell-Brown

ExpressO

“Bridging the Divide” is an essay that addresses the perceived tension or “divide” between feminism and child protection. While, in theory, women’s and children’s rights are not necessarily antithetical, the policies that have been devised (allegedly to preserve and promote those rights) are, at times, at odds. For example, the policy of social services to remove a child from the home of the mother, rather than assist both mother and child by the creation of a better home environment, is certainly at odds with rights of the mother. To simplify the issue greatly, the right of women to have and …

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …

Group Therapy For Incarcerated Women Who Experienced Interpersonal Violence: A Pilot Study, Rebekah G. Bradley, Diane R. Follingstad

CRVAW Faculty Journal Articles

This study evaluated effectiveness of group therapy for incarcerated women with histories of childhood sexual and/or physical abuse. The intervention was based on a two-stage model of trauma treatment and included Dialectical Behavior Therapy skills and writing assignments. We randomly assigned 24 participants to group treatment (13 completed) and 25 to a no-contact comparison condition (18 completed). We evaluated treatment effects, using the Beck Depression Inventory, Inventory of Interpersonal Problems, and Trauma Symptom Inventory. The data demonstrate significant reductions in PTSD, mood, and interpersonal symptoms in the treatment group.

Guidelines For Promotion To Full Professor

ADVANCE Library Collection

No abstract provided.

The Conviction Of Andrea Yates: A Narrative Of Denial, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils

Indiana Law Journal

No abstract provided.

Recollections - University Of Florida Chapter Of Now, Edna Louise Saffy

Saffy Collection - All Textual Materials

Recollections on Political activism in NOW. June 18, 2003.

Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles

Washington and Lee Law Review

No abstract provided.

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, Michael G. Heyman

University of Michigan Journal of Law Reform

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …

The Effect Of Abortion Legalization On Sexual Behavior: Evidence From Sexually Transmitted Diseases, Jonathan Klick, Thomas Stratmann

Faculty Scholarship at Penn Carey Law

Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we …

Opening A Door To Help: Legal Services Programs' Key Role In Representing Battered Immigrant Women And Child, Leslye Orloff, Amanda Baran, Laura A. Martinez-Mcintoh, Jennifer Rose

Articles in Law Reviews & Other Academic Journals

Mariella Batista approached the family court building in Riverside, California, 9- year-old son in tow, ready for her hearing. Her family law attorney, who had little domestic violence experience, had no time to meet with Mariella before the court date and arranged to meet her outside the courthouse before the hearing. Mariella, a Cuban immigrant, had a history of years of abuse at the hands of her partner and was attempting to gain control of her life by instituting legal action to gain custody of her son. Suddenly her estranged partner approached her and grabbed the boy. In fear, Mariella …

Lochner'S Feminist Legacy, David E. Bernstein

Michigan Law Review

Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …

Every Move You Make: How Stories Shape The Law Of Stalking, Anna-Rose Mathieson

Michigan Law Review

Bunny-boiler is now an official part of the English language. This word - taken from the scene in Fatal Attraction where Glenn Close's character boils the pet rabbit of the man she has been stalking - was unknown fifteen years ago. Although still not in common parlance, "bunny-boiler" has made its way far enough into our culture that a brief explanation of its source can conjure up an image of the obsessive, vindictive stalker it describes. Along with the entrance of this word into our language has come an explosive growth in laws punishing stalkers. Before 1990, no state in …

Foreword: "Just Do It!": Title Ix As A Threat To University Autonomy, Richard A. Epstein

Michigan Law Review

For a short time I was stymied to identify a suitable theme for the Foreword to the 2003 Survey of Books in the Michigan Law Review. The task is surely a daunting one, because it is never possible to write a Foreword that offers the reader a Cook's Tour of the many distinguished offerings reviewed in its pages. Therefore I hope to link one broad theme to one narrow topic, knowing that at first it may look as though they have little in common. In taking this approach, I prefer dangerous shoals to well-marked channels. I shall therefore begin with …

Ifeminism, Ashlie Warnick

Michigan Law Review

Laws should be judged not by their words or intentions, but by their effects and consequences. When government enacts laws designed to benefit one group, society should judge those laws first by examining whether they have, in practice, provided a net benefit to the law's intended beneficiaries. Next, any such benefit must be weighed against the costs imposed on the rest of society. If the benefits outweigh the costs, this is a socially efficient law. Government should repeal a law when the costs it imposes outweigh its benefits. When laws do not provide a net benefit to the group they …

Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins

University of Richmond Law Review

No abstract provided.

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.

Speech On Early Women Lawyers, Arthur R. Landever

Law Faculty Presentations and Testimony

This lecture discusses many early women lawyers and their accomplishments.