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Articles 421 - 450 of 456

Full-Text Articles in Law and Gender

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash Jan 2005

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.

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Is Incest Next?, Brett H. Mcdonnell Jan 2004

Is Incest Next?, Brett H. Mcdonnell

Cardozo Journal of Equal Rights & Social Justice

The article examines whether the Supreme Court's decision in Lawrence v. Texas, which invalidated sodomy laws, might lead to the legalization of consensual adult incest. While the decision could theoretically create a precedent for challenging incest laws, the author argues that such an outcome is unlikely due to significant legal, social, and political differences between sodomy and incest.

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Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger Jan 2004

Regulating Teenage Abortion In The United States: Politics And Policy, Carol Sanger

Faculty Scholarship

Thirty-four US states currently require pregnant minors either to notify their parents or get their consent before having a legal abortion. The Supreme Court has upheld the constitutionality of theses statutes provided that minors are also given an alternative mechanism for abortion approval that does not involve parents. The mechanism used is the 'judicial bypass hearing' at which minors persuade judges that they are mature and informed enough to make the abortion decision themselves. While most minors receive judicial approval, the hearings intrude into the most personal aspects of a young woman's life. The hearings, while formally civil in nature, …

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Sexism Is A "Family Value", Kimberly Charles Jan 2003

Sexism Is A "Family Value", Kimberly Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.

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Placing The Adoptive Self, Carol Sanger Jan 2003

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 …

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Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams Apr 2002

Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

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A Ghost Is Haunting Europe, Maria Grahn-Farley Jan 2002

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)

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Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle Jan 2002

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky Sep 1999

Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky

Buffalo Human Rights Law Review

No abstract provided.

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Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson Jan 1999

Beyond The Rhetoric Of Dirty Laundry: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren L. Hutchinson

Faculty Articles

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …

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Liberalism And Abortion, Robin West Jan 1999

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 …

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Shaping Regional Economies To Sustain Quality Work: The Cooperative Health Care Network, Peter R. Pitegoff Jan 1999

Shaping Regional Economies To Sustain Quality Work: The Cooperative Health Care Network, Peter R. Pitegoff

Faculty Publications

This chapter chronicles a creative response to social retrenchment, a saga of strategic deployment of accessible resources and a reshaping of regional economic forces for the benefit of targeted labor markets. While charting its own course, CHCB is part of a mutually supportive network of health care employers and trainers, including successful home care companies in Philadelphia and the South Bronx. Together, these three corporations form the core of the Cooperative Health Care Network and employ over 500 home health aides. About 80 percent of the employees were formerly dependent on public assistance. The network [network] experience and their applicability …

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The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram Jan 1999

The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina R. Wells Dec 1998

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina R. Wells

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

Given the status of the participants, the nature of the scandal, the potential political ramifications, and the melee accompanying the recently-released Independent Counsel's report, the unrelenting media coverage of the Clinton-Lewinsky affair is unsurprising. Wallowing in the libidinous transgressions of this country's most powerful leader would prove almost irresistible to a citizenry practically obsessed with sex. Of course, this coverage has provided the President's critics with an unending platform from which to call, depending upon their point of view, for his (a) apology, (b) resignation, or (c) impeachment. Many of the President's detractors, however, have not limited their criticism to …

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Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells Jan 1998

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells

Faculty Publications

This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …

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Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta Jan 1998

Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta

Cardozo Journal of Equal Rights & Social Justice

The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.

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The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman Jul 1996

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

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Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir Jan 1996

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst Jan 1996

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …

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Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies Jan 1996

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …

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Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller Jan 1996

Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller

Kentucky Law Journal

No abstract provided.

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Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins Jan 1996

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

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Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin Jan 1993

Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin

Michigan Journal of Gender & Law

A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.

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The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin Jan 1993

The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin

Articles & Chapters

No abstract provided.

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Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff Jan 1993

Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff

Faculty Publications

Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …

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Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder Jan 1993

Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder

Cardozo Journal of Equal Rights & Social Justice

The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.

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The Thomas Hearings: Watching Ourselves, Robert F. Nagel Jan 1992

The Thomas Hearings: Watching Ourselves, Robert F. Nagel

Publications

No abstract provided.

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Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Jan 1990

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 …

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Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw Jan 1989

Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw

Faculty Scholarship

One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …

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Why We Lost The Era, Judith L. Hudson May 1988

Why We Lost The Era, Judith L. Hudson

Michigan Law Review

A Review of Why We Lost the ERA

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