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Articles 1 - 15 of 15
Full-Text Articles in Law
Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman
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.
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Abortion Post-Glucksberg And Post-Gonzales: Applying An Analysis That Demands Equality For Women Under The Law, Mary Kathryn Nagle
Duke Journal of Gender Law & Policy
Because the government has historically enacted laws criminalizing abortion to preserve traditional stereotypes regarding a woman's domestic and subordinate position in society,22 abortion regulations necessitate an Equal Protection Clause analysis. [...] this article will examine first how Gonzales and Glucksberg forecast Roe's now inevitable demise, and accordingly, why abortion regulations must now be evaluated under an Equal Protection Clause analysis- in place of the crumbling Due Process Clause framework.23 Finally, this article will explain how and why the Partial Birth Abortion Act of 2003 violates the Equal Protection Clause of the Fourteenth Amendment.
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Maninan
The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Maninan
Duke Journal of Gender Law & Policy
No abstract provided.
What’S The Constitution Got To Do With It? Regulating Marriage In Pakistan, Karin Carmit Yefet
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
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.
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Regulating Sperm Donation: Why Requiring Exposed Donation Is Not The Answer, Vanessa L. Pi
Duke Journal of Gender Law & Policy
[...] the risk of incest and consanguinity11 are prevalent with anonymous donation12 since there is no monitoring of the number of live births per donor. [...] the number of children born from sperm donation has doubled in recent years.30 Although sperm may be donated by a relative or close friend of the couple or individual, often the sperm is donated anonymously through a sperm bank or clinic.
What’S Love Got To Do With It? A Proposal For Elevating The Status Of Marriage By Narrowing Its Definition, While Universally Extending The Rights And Benefits Enjoyed By Married Couples, James L. Musselman
Duke Journal of Gender Law & Policy
[...] opposite-sex couples desiring a traditional marriage could choose the option that generally adopts portions of the covenant marriage law enacted thus far by three states. According to Professors Jennifer Drobac and Antony Page, [b]efore the late eighteenth century, marriage typically only served one or more of three goals: (1) to consolidate wealth and resources, (2) to forge political alliances, and (3) to consummate peace treaties.
Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat
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.
A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina
A Man’S Right To Choose His Surname In Marriage: A Proposal, Michael Mahoney Frandina
Duke Journal of Gender Law & Policy
[...] a brief history of marital and naming practices will outline how these two concepts have shifted to a primarily private issue today, as compared with the Middle Ages, when they were primarily public issues highly concerned with property matters. [...] naming involves important issues in the construction of one's identity.
In The Wake Of Ledbetter V. Goodyear Tire & Rubber Company: Applying The Discovery Rule To Determine The Start Of The Limitations Period For Pay Discrimination Claims, Nancy Zisk
Duke Journal of Gender Law & Policy
"14 These laws include Title VII of the Civil Rights Act of 1964,15 Section 1981 of the Civil War Reconstruction statutes,16 the Age Discrimination in Employment Act of 1967 (ADEA),17 the Equal Pay Act (EPA),18 and the Americans with Disabilities Act of 1990 (ADA).19 While the statutes define different types of discrimination, each addresses discrimination in employment and defines a limitations period in which an employee can bring a claim.20 With Title VII defining the "paradigm," the first step in determining whether a claim is timely under any statute is determining when the discriminatory act takes place.21 To do that, …
The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley
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.
Pathways For Women To Obtain Positions Of Organization Leadership: The Significance Of Mentoring And Networking, Cindy A. Schipani, Terry M. Dworkin, Angel Kwolek-Foll, Virginia G. Maurer
Pathways For Women To Obtain Positions Of Organization Leadership: The Significance Of Mentoring And Networking, Cindy A. Schipani, Terry M. Dworkin, Angel Kwolek-Foll, Virginia G. Maurer
Duke Journal of Gender Law & Policy
No abstract provided.