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Articles 871 - 900 of 930
Full-Text Articles in Law and Gender
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
Racism And Patriarchy In The Meaning Of Motherhood, Dorthy E. Roberts
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
Babies, Parents, And Grandparents: A Story In Two Cases, Karen Czapanskiy
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn
Gender Discrimination In The Common Law Of Domicile And The Application Of The Canadian Charter Of Rights And Freedoms, Annalise Acorn
Osgoode Hall Law Journal
A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.
Reproduction With Technology: The New Eugenics, Margaret Phillips
Reproduction With Technology: The New Eugenics, Margaret Phillips
In the Public Interest
No abstract provided.
Compensation For Birth Mothers: A Challenge To The Adoption Laws, Candace M. Zierdt
Compensation For Birth Mothers: A Challenge To The Adoption Laws, Candace M. Zierdt
Loyola University Chicago Law Journal
No abstract provided.
Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka
Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka
UIC Law Review
No abstract provided.
Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod
Divorce Stories: Readings, Comments And Questions On Law And Narrative, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Law's Patriarchy, Lynne Henderson
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin
Articles & Chapters
No abstract provided.
Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein
Domestic Violence: The District Of Columbia’S New Mandatory Arrest Law, Catherine F. Klein
Scholarly Articles
No abstract provided.
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone
Economics, Feminism, And The Reinvention Of Alimony: A Reply To Ira Ellman, June Carbone
Vanderbilt Law Review
Divorce reform and gender roles are inextricably linked. When Lenore Weitzman chronicled the devastating consequences of divorce for most women, she described a legal system that, in an effort to be gender neutral in a formal sense, made no allowance for the domestic role women continue to perform. Herma Hill Kay, in reviewing Weitzman-inspired proposals to expand the scope of the financial awards made at divorce, nonetheless warned against encouraging "future couples entering marriage to make choices that will be economically disabling for women, thereby perpetuating their traditional financial dependence upon men and contributing to their inequality with men at …
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
A Matter Of Difference: Domestic Contracts And Gender Equality, Brenda Cossman
Osgoode Hall Law Journal
This essay explores the feminist debates around gender difference and gender equality in the context of the Supreme Court of Canada's Pelech trilogy. It argues that the Court's approach to the enforcement of separation agreements does not adequately account for gender difference. Based on feminist critiques of difference, the essay then suggests an approach which might allow us to move beyond the dilemmas that difference presents to feminist legal theory and practice, and to the enforcement of separation agreements in particular.
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
Judicial Review And Abortion In Canada: Lessons For The United States In The Wake Of Webster V. Reproductive Health Services, 61 U. Colo. L. Rev. 537 (1990), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel
Book Review. Abortion And Divorce In Western Law By Mary Ann Glendon, Lauren K. Robel
Articles by Maurer Faculty
In this book, Professor Mary Ann Glendon contends that the American commitment to individualism and rights has deprived our law of compassion in the areas of abortion and divorce. She argues that while western European countries tell their citizens that their decisions about family are important to the larger society, American law takes extreme and damaging positions that isolate people at times when the community has an interest in their acts. Much of the book is a gentle and persuasive reminder that America lacks any semblance of a national family policy, an omission that looks heartless in comparison to Europe. …
Individual Entitlement To The Financial Benefits Of A Professional Degree: An Empirical Study Of The Attitudes And Expectations Of Married Professional Students And Their Spouses, Rebecca Redosh Eisner, Ruth Zimmerman
Individual Entitlement To The Financial Benefits Of A Professional Degree: An Empirical Study Of The Attitudes And Expectations Of Married Professional Students And Their Spouses, Rebecca Redosh Eisner, Ruth Zimmerman
University of Michigan Journal of Law Reform
Part I of this Note describes the case law that delineated the factors examined in the study. Those factors are the financial support provided by the supporting spouse, the extent of personal sacrifice made by the supporting spouse, the length of the marriage and corresponding accumulated assets of the marriage at the time of the divorce, and the relative earning capacities of the two parties after the divorce. Part II discusses the design of the study, and specifically how we manipulated these factors in hypothetical vignettes to measure reactions to the factors. Part III presents the results and our conclusions …
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Charleston Policy: Substance Or Abuse, The , Kimani Paul-Emile
Faculty Scholarship
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan
Cessation Of Family Violence: Deterrence And Dissuasion, Jeffrey Fagan
Faculty Scholarship
Family violence research has only recently begun to investigate desistance. Recent developments in the study of behaviors other than family violence, such as the use of addictive substances, suggest that common processes can be identified in the cessation of disparate behaviors involving diverse populations and occurring in different settings. Desistance is the outcome of processes that begin with aversive experiences leading to a decision to stop. Desistance apparently follows legal sanctions in nearly three spouse abuse cases in four, but the duration of cessation is unknown beyond short study periods. Batterers with shorter, less severe histories have a higher probability …
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
Comment, Contracting For Security: Paying Married Women What They've Earned, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii
Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii
Scholarly Articles
The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols.'
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts
UIC Law Review
No abstract provided.
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Wimberly And Beyond: Analyzing The Refusal To Award Unemployment Compensation To Women Who Terminate Prior Employment Due To Pregnancy, Mary F. Radford
Faculty Publications By Year
In Wimberly v. Labor & Industrial Relations Commission, the Supreme Court interpreted section 3304(a)(12) of the Federal Unemployment Tax Act (FUTA), which requires that states not dent unemployment benefits "solely on the basis of pregnancy," as an antidiscrimination statue, rather that one requiring preferential treatment for pregnant and formerly pregnant women. Professor Mary Radford argues that given the ambiguous legislative history and other Supreme Court precedent in the area of unemployment compensation, Wimberly could just as easily have held that FUTA's language requires preferential treatment to pregnant and formerly pregnant women. She further argues that given the current realities that …
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
A Civil Liberties Analysis Of Surrogacy Arrangements, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the …
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Seattle University Law Review
The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles
Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles
Office for Policy Studies on Violence Against Women Publications
In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.
Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey
Note: The Need To Value Homemaker Services Upon Divorce, Mary Downey
West Virginia Law Review
No abstract provided.
The Unnecessary Doctrine Of Necessaries, Michigan Law Review
The Unnecessary Doctrine Of Necessaries, Michigan Law Review
Michigan Law Review
This Note argues that neither the traditional nor the modem necessaries doctrines are justifiable in contemporary society. Part I investigates the practical effects of both the traditional and contemporary necessaries doctrines and demonstrates that neither is an effective mechanism for providing support to a needy spouse. While a more successful support remedy might be devised to replace modem and traditional versions of the necessaries rule, Part II shows that yet another reformulation would not be worthwhile because the theoretical underpinnings of the doctrine are faulty. There is no persuasive evidence to establish the existence of the narrow support problem the …