Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Law and Gender

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 931 - 960 of 1110

Full-Text Articles in Constitutional Law

Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro Jan 2000

Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Social Programs And Manageable Units , Saul Levmore Jan 2000

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman Jan 2000

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Social Programs And Manageable Units , Saul Levmore Jan 2000

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz Jan 2000

Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii. Jan 2000

Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price Oct 1999

Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price

Cardozo Journal of International and Comparative Law

The article critiques the tendency to homogenize violence against women, emphasizing the importance of recognizing its diverse forms and contexts. It focuses on the experiences of immigrant Latinas, particularly those in abusive relationships, and explores how legal, cultural, and ideological factors uniquely constrain their options. By examining the work of a Latina activist, the analysis highlights the need to address the intersection of gender, immigration, and domestic violence through a more nuanced lens. The article advocates for structural changes to empower immigrant women and challenge the existing legal and cultural frameworks that perpetuate their subjugation.


State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond Jan 1999

State Laws Criminalizing Female Circumcision: A Violation Of The Equal Protection Clause Of The Fourteenth Amendment, 32 J. Marshall L. Rev. 353 (1999), Shea Lita Bond

UIC Law Review

No abstract provided.


Constitutional Law—Abstention And Abortion: Application Of The Undue Burden Standard To "Certificate Of Need" Regulations. Planned Parenthood Of Greater Iowa, Inc. V. Atchison, 126 F.3d 1042 (8th Cir. 1997)., Robert Smith Jan 1999

Constitutional Law—Abstention And Abortion: Application Of The Undue Burden Standard To "Certificate Of Need" Regulations. Planned Parenthood Of Greater Iowa, Inc. V. Atchison, 126 F.3d 1042 (8th Cir. 1997)., Robert Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


The Ties That Bind, Melissa F. Savage Jan 1999

The Ties That Bind, Melissa F. Savage

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …


Liberalism And Abortion, Robin West Jan 1999

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …


Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman Jan 1999

Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado Jan 1999

The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado

American University Journal of Gender, Social Policy & the Law

No abstract provided.


About The Conference, Journal Of Gender, Social Policy & The Law Jan 1999

About The Conference, Journal Of Gender, Social Policy & The Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …


The End Of The North Carolina Abortion Fund, Paul Stam Jan 1999

The End Of The North Carolina Abortion Fund, Paul Stam

Campbell Law Review

This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …


Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh Jan 1999

Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh

Faculty Scholarship

From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.


The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas Jan 1999

The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas

Faculty Scholarship

This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …


The "Dirty Little Secret": Why Class Actions Have Emerged As The Only Viable Option For Women Inmates Attempting To Satisfy The Subjective Prong Of The Eighth Amendment In Suits For Custodial Sexual Abuse, Amy Laderberg Oct 1998

The "Dirty Little Secret": Why Class Actions Have Emerged As The Only Viable Option For Women Inmates Attempting To Satisfy The Subjective Prong Of The Eighth Amendment In Suits For Custodial Sexual Abuse, Amy Laderberg

William & Mary Law Review

No abstract provided.


Human Rights Of Women In Central And Eastern Europe, Julie Mertus Jan 1998

Human Rights Of Women In Central And Eastern Europe, Julie Mertus

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh Jan 1998

Ruth Bader Ginsburg: Extending The Constitution, 32 J. Marshall L. Rev. 197 (1998), Amy Walsh

UIC Law Review

No abstract provided.


Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews Jan 1998

Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews

Michigan Journal of Race and Law

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime. The author argues that, although South African women have benefited from the global …


Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West Jan 1998

Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West

Georgetown Law Faculty Publications and Other Works

Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …