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2011

Duke Law

Duke Journal of Gender Law & Policy

Articles 1 - 13 of 13

Full-Text Articles in Law

Do We Value Our Cars More Than Our Kids? The Conundrum Of Care For Children , Palma Joy Strand Oct 2011

Do We Value Our Cars More Than Our Kids? The Conundrum Of Care For Children , Palma Joy Strand

Duke Journal of Gender Law & Policy

Formal child care workers in the United States earn about $21,110 per year. Parking lot attendants, in contrast, make $21,250. These relative wages are telling: the market values the people who look after our cars more than the people who look after our kids.

This article delves below the surface of these numbers to explore the systemic disadvantages of those who care for children—and children themselves. The article first illuminates the precarious economic position of U.S. children, a disproportionate number of whom live in poverty. The article then shows both that substantial care for children is provided on an unpaid …


Alimony: What Social Science And Popular Culture Tell Us About Women, Guilt, And Spousal Support After Divorce , Judith G. Mcmullen Oct 2011

Alimony: What Social Science And Popular Culture Tell Us About Women, Guilt, And Spousal Support After Divorce , Judith G. Mcmullen

Duke Journal of Gender Law & Policy

Over the past few decades, fewer divorcing women have received alimony, and when alimony awards are made, they are in declining amounts and for shorter periods of time. Conventional explanations of this trend focus on legal changes that have made divorces easier to obtain, as well as social changes that have led to larger numbers of married women in the paid workforce, and to greater social tolerance of divorce. Certainly these changes partly explain the downward trend in alimony, but they do not fully explain why alimony awards continue to decline, even among women who do not have viable job …


Implementing Grutter’S Diversity Rationale: Diversity And Empathy In Leadership , Rebecca K. Lee Oct 2011

Implementing Grutter’S Diversity Rationale: Diversity And Empathy In Leadership , Rebecca K. Lee

Duke Journal of Gender Law & Policy

This Article examines the role of leadership in implementing the diversity rationale affirmed by the U.S. Supreme Court in Grutter v. Bollinger and argues that greater diversity and empathy are needed for effective leadership in diverse settings. In Grutter, the Court held that the University of Michigan Law School's use of race in selecting students for admission did not violate the Constitution's Equal Protection Clause. In so doing, the Court affirmed Justice Powell's diversity rationale as expressed in an earlier case, Regents of University of California v. Bakke, in which he noted that "'the nation's future depends upon leaders …


With All My Worldly Goods I Thee Endow, Or Maybe Not: A Reevaluation Of The Uniform Premarital Agreement Act After Three Decades, J. Thomas Oldham Oct 2011

With All My Worldly Goods I Thee Endow, Or Maybe Not: A Reevaluation Of The Uniform Premarital Agreement Act After Three Decades, J. Thomas Oldham

Duke Journal of Gender Law & Policy

No abstract provided.


The Role Of Social Science In Judicial Decision Making: How Gay Rights Advocates Can Learn From Integration And Capital Punishment Case Law , Amy Rublin Oct 2011

The Role Of Social Science In Judicial Decision Making: How Gay Rights Advocates Can Learn From Integration And Capital Punishment Case Law , Amy Rublin

Duke Journal of Gender Law & Policy

This Article explores the intersection of social science and judicial decision making. It examines to what extent, and in what contexts, judges utilize social science in reaching and bolstering their rulings. The Article delves into three areas of law that are typically not grouped together—integration, gay rights, and capital punishment—to see the similarities and differences in the use of empirical findings. Analyzing the language in judicial opinions from family courts, district courts, circuit courts, and the United States Supreme Court enabled the emergence of trends. The opinions revealed that inconsistency in the use of social science may stem from how …


Looking A Gift Horse In The Mouth—The Underutilization Of Crime Victim Compensation Funds By Domestic Violence Victims , Njeri Mathis Rutledge Oct 2011

Looking A Gift Horse In The Mouth—The Underutilization Of Crime Victim Compensation Funds By Domestic Violence Victims , Njeri Mathis Rutledge

Duke Journal of Gender Law & Policy

No abstract provided.


Journal Staff Oct 2011

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.


The Women’S Convention, Reproductive Rights, And The Reproduction Of Gender, Barbara Stark Apr 2011

The Women’S Convention, Reproductive Rights, And The Reproduction Of Gender, Barbara Stark

Duke Journal of Gender Law & Policy

No abstract provided.


The New Uniform Probate Code’S Surprising Gender Inequities, Kristine S. Knaplund Apr 2011

The New Uniform Probate Code’S Surprising Gender Inequities, Kristine S. Knaplund

Duke Journal of Gender Law & Policy

No abstract provided.


Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis Apr 2011

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

Duke Journal of Gender Law & Policy

No abstract provided.


Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner Apr 2011

Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner

Duke Journal of Gender Law & Policy

No abstract provided.


The ‘State’ Of Surrogacy Laws: Determinations Of Legal Parenthood For Gay Fathers, Anne R. Dana Apr 2011

The ‘State’ Of Surrogacy Laws: Determinations Of Legal Parenthood For Gay Fathers, Anne R. Dana

Duke Journal of Gender Law & Policy

No abstract provided.


Journal Staff Apr 2011

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.