Law and Gender Commons^™

Kantaras V. Kantaras: How A Victory For One Transsexual May Hinder The Sexual Minority Movement, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.

The Marriage Dower: Essential Guarantor Of Women's Rights In The West Bank And Gaza Strip, Heather Jacobson

Michigan Journal of Gender & Law

This Article evaluates the impact that eliminating or reducing the marriage dower would have on the well-being of Muslim women in the West Bank and Gaza Strip. Although Palestinian women's rights organizations seek to eliminate dower on the grounds that it is a "burdensome custom" that is "inconsistent with the intifada's stated goal of improving women's status," in fact, the interaction between dower and other laws relating to marriage and divorce is such that the majority of women would be materially harmed by its discontinuance. Therefore, while the movement to eliminate dower may benefit the financially secure upper class women …

Custody And Visitation: Considerations For Every Attorney Retained By A Survivor Of Domestic Violence, Caitlin Glass, Tamara Kuennen, Sharon Lopez

Sturm College of Law: Faculty Scholarship

Legal representation is a critical tool for survivors of domestic violence to live free from their battering partners. Representation in custody and visitation matters-- integral issues in the separation context--is particularly consequential for survivors. First, studies of custody litigation indicate that fathers who battered the mothers of their children are twice as likely to seek sole physical custody as are nonviolent fathers. Batterers are as likely as nonbattering fathers to prevail. Since the 1970s, fathers in general have been at a marked advantage in custody disputes. Second, custody and visitation claims involve a complex array of legal issues, laws, practices, …

Placing The Adoptive Self, Carol Sanger

Faculty Scholarship

[A]doption law and practices are guided by enormous cultural changes in the composition and the meaning of family. As families become increasingly blended outside the context of adoption – with combinations of blood relatives, step-relatives, de facto relatives, and ex-relatives sitting down together for Thanksgiving dinner as a matter of course – birth families and adoptive families knowing one another may not seem so very strange or threatening at all. There will simply be an expectation across communities that ordinary families will be mixed and multiple. With that in mind, we should hesitate before establishing embeddedness as the source of …

Feminist Inquiry And Action: Introduction To A Symposium On Confronting Domestic Violence And Achieving Gender Equality: Evaluating Battered Women & Feminist Lawmakingby Elizabeth Schneider, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo …

Will Sex Prevail Over The Best Interest Of The Child?, Elizabeth C. Barcena

Buffalo Women's Law Journal

No abstract provided.

Domestic Violence And Joint Custody: New York Is Not Measuring Up, Tonia Ettinger

Buffalo Women's Law Journal

No abstract provided.

Towards A National Putative Father Registry Database, Mary M. Beck

Faculty Publications

This Article analyzes putative father registries and proposes federal legislation to create a national database that will enhance and connect the state and local registries. Issues and events leading to the development of registries are reviewed in Part I. Putative father registry mechanics and applicable case law are analyzed in Parts II and III.

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …

The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya C. Wright

UF Law Faculty Publications

This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …

Multicultural Jurisdictions At The National And International Levels, Christina L. Brandt-Young

Michigan Journal of International Law

Review of Multicultural Jurisdictions: Cultural Differences and Women's Rights by Ayelet Shachar

Rights And Responsibilities, Arthur S. Leonard

Other Publications

No abstract provided.

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

Self-Defense And Subjectivity, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

The law of self-defense has rarely produced as much academic or popular heat as it has in the past two decades. Widely publicized trials, such as the Goetz and Menendez cases, have generated deep-seated fears of a law unmoored from principle. Those fears have generated a standard public critique--that the criminal law has become too soft and subjective, too wedded to syndrome science and prone to weak-kneed affection for defendants. The criminal law has lost its "objectivity," so the argument goes. The poster child, and even the alleged cause of this development, is the battered woman.

In this article, the …

The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi

University Avenue Undergraduate Journal of Economics

I argue that dowries exist because of a combination of two reasons. First, there is an excess supply of women in the Indian marriage market that results in the use of dowry as an equilibrating mechanism. Secondly, a differential in the patterns of human capital accumulation of men and women have led to a larger positive benefit from marriage for women than for men, the net difference of which is theoretically equivalent to the amount of the dowry. Both these explanations for the existence of dowry are fundamentally grounded in the powerful social and cultural ideologies of marriage held by …

Divorce, Children's Welfare, And The Culture Wars, Elizabeth S. Scott

Faculty Scholarship

Are children harmed when their parents divorce? If so, should parents' freedom to end marriage be restricted? These questions have generated uncertainty and controversy in the decades since legal restraints on divorce have been lifted. During the 1970s and 80s, the traditional conviction that parents should stay together "for the sake of the children" was supplanted by a view that children are usually better off if their unhappy parents divorce. By this account, divorcing parents should simply try to accomplish the change in status with as little disruption to their children's lives as possible. This stance has been challenged sharply …

Confronting The Agency In Battered Mothers, Elaine M. Chiu

Faculty Publications

Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …

Panel One: Redesigning Work And The Benefits Related To It

American University Law Review

No abstract provided.

Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis

American University Law Review

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Enlightenment Case For Vouchers, John O. Mcginnis

Articles

No abstract provided.