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Articles 391 - 420 of 513
Full-Text Articles in Law and Gender
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
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.
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Cardozo Law Review
No abstract provided.
Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman
Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman
Cardozo Law Review
No abstract provided.
Marriage And The Elephant: The Liberal Democratic State’S Regulation Of Intimate Relationships Between Adults , Maxine Eichner
Marriage And The Elephant: The Liberal Democratic State’S Regulation Of Intimate Relationships Between Adults , Maxine Eichner
ExpressO
This essay considers the current debate in legal theory over the stance that the state should adopt toward intimate relationships between adults. Should the state, as some scholars argue, privilege marriage because of the benefits it provides to society? Or should it, as others argue, distance itself from relationships between adults on the ground that adults should be left to order their own affairs? The essay argues that scholars involved in this debate have reached such diametrically different conclusions from one another because each side has focused on a particular, narrow range of goods at issue in these relationships. Relationships …
Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld
Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld
Articles
Modern equality as derived from the Enlightenment has always had problems with difference. Whereas feudalism set inequality as the baseline, modern society sets equality as the baseline, but allows for unequal treatment based on differences. Thus, differences among the sexes have been invoked to treat women as inferiors and racial differences to deprive racial minorities of equal treatment. Liberalism has countered these moves by promoting a conception of equality as identity according to which race or gender-based differences are irrelevant for purposes of political participation or employment. More recent claims for equality based on identity politics which callfor a type …
He Said-She Said: On Credibility And The New Reason, Nancy Rourke
He Said-She Said: On Credibility And The New Reason, Nancy Rourke
ExpressO
The traditional wisdom in the field of evidence holds that, if there is a direct contradiction in the testimony of two witnesses, one of them must be lying. The jury is to discover which version is more credible. The traditional wisdom is wrong. This article uses an actual criminal case to establish that a direct contradiction in testimony can arise from another source - a fundamental difference of conceptual frame. In this case, both witnesses were telling the truth as they knew it, but were talking past one another. Words that were 100% true in the victim's conceptual frame were …
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark
The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh Goodmark
ExpressO
The article explores the prevailing theories justifying criminal punishment in the United States through the lens of the case of Dixie Shanahan, an Iowa woman who was sentenced to fifty years imprisonment for killing her abusive spouse after nineteen years of battering. The article begins with a detailed examination of the life of Dixie Shanahan and places her within the context of the literature on battered women who kill. The piece then looks at both retributivist and utilitarian justifications for punishment and concludes that only a retributivist rationale justifies the punishment of Ms. Shanahan and other battered women who kill, …
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Law Faculty Scholarship
Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when …
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
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.
Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona
UIC Law Review
No abstract provided.
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
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 …
Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard
Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard
Cardozo Journal of Conflict Resolution
This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey
Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey
Publications
The worst problems with the fetal homicide laws that have proliferated around the nation are quite different than the existing scholarship suggests. Critics often argue that the statutes, which criminalize the killing of a fetus by a third party other than an abortion provider, undermine a woman's right to terminate her pregnancy. This concern is overstated. Although supported by anti-abortionists, many of the fetal homicide laws embody the perspective of the so-called "abortion grays," who eschew the absolutism of the doctrinaire pro-choice and anti-abortion camps. This Article explores how a contextual view of life-taking allows us to reconcile legal abortion …
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Feminist Interpretations Of Intellectual Property, Debora Halbert
Feminist Interpretations Of Intellectual Property, Debora Halbert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Copyright And Feminism In Digital Media, Dan L. Burk
Copyright And Feminism In Digital Media, Dan L. Burk
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree
Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree
ExpressO
The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.
Symposium: Latinas In Legal Education - Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette Sedillo Lopez
Symposium: Latinas In Legal Education - Through The Doors Of Opportunity: Assimilation, Marginalization, Cooptation Or Transformation?, Antoinette Sedillo Lopez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash
From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash
Cardozo Journal of Equal Rights & Social Justice
The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.
Navigating Diverse Identities: Building Coalitions Through Redistribution Of Academic Capital--An Exercise In Praxis, Aya Gruber
Publications
No abstract provided.
Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck
Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins
Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
Symposium: An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater
Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Feminist Legal Theory, Martha Albertson Fineman
Symposium: Feminist Legal Theory, Martha Albertson Fineman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton
Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown
Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown
American University Journal of Gender, Social Policy & the Law
No abstract provided.