Law and Gender Commons^™

Judicial Reasoning About Pregnancy And Choice, Jocelyn Downie, Chris Kaposy

Articles, Book Chapters, & Popular Press

Women in Canada are at risk of abortion becoming increasingly difficult to access. In its landmark 1988 ruling, R. v. Morgentaler, the Supreme Court of Canada struck down the prohibition of abortion in section 251 of the Criminal Code on the grounds that it violated a section of the Charter of Rights and Freedoms which guarantees, among other things, "security of the person". However, all of the justices who ruled that section 25 unconstitutional nonetheless claimed that protecting the fetus is a valid objective of federal legislation, leaving open the possibility that a different and carefully crafted law against abortion …

No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …

Judicial Selection As It Relates To Gender Equality On The Bench, Adam Goldstein

Cardozo Journal of Equal Rights & Social Justice

The note examines the relationship between judicial selection methods and gender equality on the bench, arguing that merit selection does not necessarily lead to greater gender diversity compared to other methods like appointments or elections. Despite claims that merit-based systems promote diversity, empirical evidence suggests that elected judges may achieve comparable or greater gender representation.

Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Parental Consent And Notification Laws In The Abortion Context: Rejecting The "Maturity" Standard In Judicial Bypass Proceedings, Anna Bonny

ExpressO

The choice to become a parent, to give a baby up for adoption, or to terminate a pregnancy presents a life-altering decision for a minor. The majority of states require minors to engage their parents or legal guardians in their choice to obtain an abortion, but not in decisions to give their babies up for adoption or to become parents. Though the Supreme Court has held that parental consent and notification laws do not infringe on a minor's constitutional rights if judicial bypass options are available, the reality of these judicial proceedings demonstrates a biased and unworkable legal avenue. Even …

Multistable Figures: Sexual Orientation Visibility And Its Effects On The Experiences Of Sexual Minorities In The Courts, Todd Brower

ExpressO

A multistable figure is a cognitive illusion in which a single drawing contains multiple, competing images. On first viewing a person will see one image, but not the other – it usually requires additional information to trigger the viewer’s awareness of the second image. However, once you know about the disparate figures in the illustration, you cannot erase that knowledge from your mind and see a sole image as you did originally. This inability to ignore information and its effect on subsequent experience has parallels in lesbians’ and gay men’s treatment in the courts.

Courts today are deeply involved in …

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.

The South African Judicial Appointments Process, Penelope Andrews

Articles & Chapters

Consideration of racial and gender diversity, and to a lesser extent disability and sexual orientation diversity, has propelled the transformation of the judiciary in South Africa. This consideration is underpinned by both the stated and unstated assumption that a majority white judiciary cannot adequately and fairly serve and deliver justice to a majority black population. The very legitimacy of the judiciary, and indeed the project of constitutional democracy, is contingent on a bench that reflects the racial and gender diversity of the society. Moreover, with equality as the primary principle in the "Bill of Rights," the judiciary has to accommodate …

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Faculty Works

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

The Impact Of Feminine Leadership On State Courts: A Panel Of Women Chief Justices, Alan Florendo

Cardozo Journal of Equal Rights & Social Justice

The symposium report examines the impact of women in leadership roles on state courts, focusing on a panel discussion with four prominent female chief justices. It explores how their presence has influenced judicial decision-making and the potential for state courts to become champions of civil rights. While the panelists acknowledge the transformative potential of women on the judiciary, they also highlight challenges such as politicization and the need for greater emphasis on state constitutional law.

Under A Cruel Sun: My Life As A Female Judge And Underground Educator Under The Soviets, The Taliban, And The Americans, Marzia Basel, Dana Michael Hollywood

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the Families for Teens Initiative, which focuses on engaging teenagers in the foster care system to identify and connect with family resources that are often overlooked. The initiative aims to prevent poor outcomes such as homelessness and incarceration by emphasizing the importance of maintaining family connections and providing normal developmental opportunities for teens.

Lessons From Small Cases: Reflections On Dodson V. Arkansas Activities Association, Polly J. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

Batson's Blind-Spot: Unconsciousstereotyping And The Peremptory Challenge, Antony Page

Faculty Publications

No abstract provided.

How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Female Judging, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Gender Bias And The Legal Profession: A Discussion Of Why There Are Still So Few Women On The Bench, Leah V. Durant

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …

Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.

One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren L. Hutchinson

Faculty Articles

This Essay addresses two important issues related to the task of unveiling and challenging the institutional nature of anti-gay bias. In Part II, this Essay explains in greater detail how a structural analysis of judicial bias can lead to a richer understanding of subordination by uncovering the subtle, hidden, and ideological roots and manifestations of oppression. Part III argues that law and sexuality scholars must conduct a multidimensional reading of judicial heterosexism- that is, in order to appreciate fully the structural dimensions of judicial bias against gay, lesbian, bisexual, and transgender individuals, we must recognize that this bias exists as …

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

UIC Law Review

No abstract provided.

Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler

Cardozo Journal of Equal Rights & Social Justice

The note examines Justice Ginsburg's pivotal role in shaping the Supreme Court's approach to gender-based discrimination, particularly through her advocacy for heightened scrutiny of such classifications. It highlights how her efforts culminated in the landmark decision of United States v. Virginia, where the Court ruled that Virginia Military Institute's (VMI) exclusion of women violated the Equal Protection Clause. The decision reinforced the requirement that gender-based classifications must meet an exceedingly persuasive justification, aligning with Ginsburg's long-standing commitment to dismantling gender stereotypes and advancing equal protection principles.

Notre Dame Lawyer - Spring 1997, Notre Dame Law School

Notre Dame Lawyer

Kevorkian and Women-Kaveny

How Many "Rights" Make a Wrong?-Kmiec

After Hours
Dean Pratt-Guide on the Road to Rhodes

Justice Antonin Scalia Visits NDLS

McCafferty Celebration

Faculty Profile: Frank Booker

The McCafferty stained-glass window description

The story of the "Back Row Bombers" and the pennants in the "Pit" of the old Law School