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Articles 451 - 480 of 505
Full-Text Articles in Law and Gender
Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy
Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy
Washington and Lee Law Review
No abstract provided.
Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush
Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush
Washington and Lee Law Review
No abstract provided.
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea D. Lyon
Michigan Journal of Race and Law
This article proposes that direct or indirect references to the protected classes of race and/or gender should always be subject to the Chapman v. California "harmless beyond a reasonable doubt" standard. Once the defendant has shown appeals to racial or gender bias in prosecutorial argument or other conduct during his trial, the burden must shift to the prosecution to show at an immediate hearing outside the presence of the jury, beyond a reasonable doubt, that this impermissible appeal to bias did not affect the fairness of the defendant's trial. Furthermore, courts must take the examination of the prosecution's proof seriously, …
Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
A Different Voice: The Feminine Jurisprudence Of The Minnesota State Supreme Court, Linda S. Maule
A Different Voice: The Feminine Jurisprudence Of The Minnesota State Supreme Court, Linda S. Maule
Buffalo Women's Law Journal
No abstract provided.
The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone
The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone
Articles
The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister
Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister
Faculty Scholarship
Most courts hold that, by agreeing to have an illegal abortion, a woman forfeits her right to recover for injuries tortuously inflicted during that abortion. Nevertheless, most courts do permit suits by those injured in the course of committing other crimes, and they usually do so without considering whether plaintiff's criminal conduct should prevent recovery. Part II of this Article explores and discredits the reasons offered for prohibiting recovery in abortion suits. 21 Part III analyzes, on a chronological basis, each state's decisions prohibiting such recovery. Part IV discusses possible explanations for the abortion decisions, noting that these women's claims …
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 …
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 …
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 …
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from …
Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly
Reproductive Liberty Under The Threat Of Care: Deputizing Private Agents And Deconstructing State Action, Linda Kelly
Michigan Journal of Gender & Law
This Article uncovers the unsettling parallels between feminism and the recent restrictions on reproductive liberty in order to reveal the threat posed by the feminist ethic of care. By critically reexamining feminism's foundation and direction, the need for greater emphasis on female individuality becomes apparent. Kelly’s contention is that such a perspective, aggressively supported by the state, will ensure feminism's progress and encourage the achievement of gender equality.
Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii
Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii
University of Richmond Law Review
In 1993, at the request of then Chief Judge Jon O. Newman, the Judicial Council of the Second Circuit created a Task Force on Gender, Racial, and Ethnic Fairness in the Courts. The Task Force, which was comprised of six judicial officers and a citizen participant from each of the Circuit's three states, was asked to study issues of gender, race, and ethnicity in the courts of the Second Circuit, and to report back to the Judicial Council on its findings and recommendations.
Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter
Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter
University of Richmond Law Review
The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.
Ninth Circuit: The Gender Bias Task Force, Procter Hug Jr., Marilyn L. Huff, John C. Coughenour
Ninth Circuit: The Gender Bias Task Force, Procter Hug Jr., Marilyn L. Huff, John C. Coughenour
University of Richmond Law Review
In 1990, the federal courts of the Ninth Circuit began to examine the effects of gender on the business of the courts. The pioneering FinalReport of the Ninth Circuit Gender Bias Task Force1 was issued in July 1993 and the Ninth Circuit has worked to implement the task force's recommendations for several years. To assist others setting forth on a similar journey, this article summarizes the circuit's experience in undertaking a study of this magnitude and duration.
D.C. Circuit: Study Of Gender, Race, And Ethnic Bias, John Garrett Penn, Matthew J. Devries
D.C. Circuit: Study Of Gender, Race, And Ethnic Bias, John Garrett Penn, Matthew J. Devries
University of Richmond Law Review
The District of Columbia Circuit became the first federal circuit to establish a Task Force on race and gender bias. In 1992, the Task Force, which was comprised of judges from the D.C. Circuit, created two committees-the Special Committee on Gender and the Special Committee on Race and Ethnicity-to assist the Task Force in its research. The committees were comprised of academics, social science advisors of national recognition, and leading attorneys.
Tenth Circuit: Gender Bias Study- Continuing Education And Training, David M. Ebel
Tenth Circuit: Gender Bias Study- Continuing Education And Training, David M. Ebel
University of Richmond Law Review
The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research methodology calculated to obtain a number of confidential responses, which produced substantial valuable information.
Eleventh Circuit: "Executive Summary" - Report Of The Eleventh Circuit Task Force On Gender Bias, Joseph W. Hatchett
Eleventh Circuit: "Executive Summary" - Report Of The Eleventh Circuit Task Force On Gender Bias, Joseph W. Hatchett
University of Richmond Law Review
In 1993 the Eleventh Circuit Judicial Council's Task Force on Gender Bias was established. It was the Mandate of this Task Force to study the effects of gender in the Eleventh Circuit and the courts that comprise the Eleventh Circuit. The Task Force elected to employ survey methods to discover whether or not various members of the court family believed that gender bias existed, if so in what form, and whether or not such bias affects the judicial process.
Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto
Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman
Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Passion's Progress: Modern Law Reform And The Provocation Defense, Victoria Nourse
Passion's Progress: Modern Law Reform And The Provocation Defense, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Based on a systematic study of fifteen years of passion murder cases, this article concludes that reform challenges our conventional ideas of a "crime of passion" and, in the process, leads to a murder law that is both illiberal and often perverse. If life tells us that crimes of passion are the stuff of sordid affairs and bedside confrontations, reform tells us that the law's passion may be something quite different. A significant number of the reform cases the author has studied involve no sexual infidelity whatsoever, but only the desire of the killer's victim to leave a miserable relationship. …
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Michigan Journal of Gender & Law
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
Cardozo Journal of Equal Rights & Social Justice
The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …
Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart
Cardozo Journal of Equal Rights & Social Justice
The note examines the use of the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) to prosecute international crimes against women, focusing on the *Karadzic* cases. It argues that these cases represent a significant expansion of U.S. federal jurisdiction over human rights abuses, particularly gender-based violence, committed abroad. The Second Circuit's decision to reverse the district court's dismissal and the Supreme Court's denial of certiorari affirmed the applicability of ATCA and TVPA to non-state actors and clarified their role in enforcing international human rights standards.
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Indiana Law Journal
No abstract provided.
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Rosalie Wahl: Her Extraordinary Contributions To Legal Education, James F. Hogg
Faculty Scholarship
Justice Rosalie Wahl is well-known as the first woman to be appointed to the Minnesota Supreme Court, but she has made a lesser known, yet critical, contribution to the quality and effectiveness of legal education in this country. As chair of the American Bar Association's Section on Legal Education and Admissions to the Bar, Wahl created the MacCrate Commission. The MacCrate Report charts the way for improvement in law school teaching and learning, and the discussion following the report lead to the creation of an ABA Commission to take testimony and review the ABA Accreditation Standards. Wahl also chaired this …
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
Cardozo Journal of Equal Rights & Social Justice
The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.
Juvenile Justice With A Future... For Juveniles, Mabél Arteaga
Juvenile Justice With A Future... For Juveniles, Mabél Arteaga
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolution of juvenile justice systems, tracing the shift from a rehabilitative focus to increasingly punitive measures. It critiques this trend, advocating for a balanced approach that maintains procedural protections while incorporating rehabilitative programs. The author proposes a dual-purpose system that addresses societal concerns for public safety while ensuring equitable treatment and opportunities for reintegration.