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Articles 931 - 960 of 1101
Full-Text Articles in Law and Gender
Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz
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.
Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro
Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro
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.
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.
Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker
Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker
Articles
The Supreme Court has ushered in the new millennium with a renewed emphasis on federalism-based limits to Congress's regulatory authority in general, and Congress's Section 5 power to enforce the Fourteenth Amendment in particular. In a recent string of cases, the Court has refined and narrowed Section 5's enforcement power in two significant ways.1 First, the Court made clear that Congress lacks the authority to interpret the scope of the Fourteenth Amendment's substantive provisions themselves, and may only "enforce" the judiciary's definition of Fourteenth Amendment violations. 2 Second, the Court embraced a relatively stringent requirement concerning the relationship between means …
Difficult Maneuvers In Discourse Against Latina Immigrants In The United States, Josh Price
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
UIC Law Review
No abstract provided.
The End Of The North Carolina Abortion Fund, Paul Stam
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 …
The Ties That Bind, Melissa F. Savage
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
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 …
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 Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado
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.
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
About The Conference, Journal Of Gender, Social Policy & The Law
About The Conference, Journal Of Gender, Social Policy & The Law
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh
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.
Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury
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 Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas
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
William & Mary Law Review
No abstract provided.
Human Rights Of Women In Central And Eastern Europe, Julie Mertus
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
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
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
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" …
"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy
"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy
Cardozo Journal of Equal Rights & Social Justice
Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Cardozo Journal of Equal Rights & Social Justice
The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.
"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher
"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher
Osgoode Hall Law Journal
This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v. X.). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a …
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks
Publications
Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
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 theinfluence 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 feminist …
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
University of Arkansas at Little Rock Law Review
No abstract provided.
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro
University of Michigan Journal of Law Reform
Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …
The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy
The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Women's Powerless Tool: How Congress Overreached The Constitution With The Civil Rights Remedy Of The Violence Against Women Act, 30 J. Marshall L. Rev. 803 (1997), Lisa A. Carroll
UIC Law Review
No abstract provided.