Law and Gender Commons^™

Transformative Justice: Anti-Subordination Processes In Cases Of Domestic Violence, Donna K. Coker

Books and Book Chapters

No abstract provided.

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Scholarly Articles in Law Reviews & Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla

Faculty Scholarship

This article explores the relationship between gender, race and property.Women in the United States continue to be economically disadvantaged, and women of color are even more disadvantaged. This article will open with a review of laws, past and present, which have shaped women's rights to own, manage and transfer property. It will then provide a status check of where women, including women of color, stand in the United States relative to the rest of the population vis-a-vis income and other indicators of economic well-being. The article will then discuss why economic inequality persists, trotting out the usual reasons of discrimination …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.

Women At War: An Evolutionary Perspective, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Reconsidering The Abuse That Dare Not Speak Its Name: A Criticism Of Recent Legal Scholarship Regarding Same-Gender Domestic Violence, Ryiah Lilith

Michigan Journal of Gender & Law

This article argues that while recent legal scholarship effectively disputes the applicability of a gendered model of domestic violence to same-gender abuse, it goes too far in embracing a completely gender-neutral model. Part I explains the theoretical problems with the non-gendered model of domestic violence by examining in detail the research which is most often cited in legal writings in support of this model. Part II briefly explores the pragmatic implications for lesbian and gay male victims of domestic violence when law enforcement policies such as mandatory arrest are based on a model of domestic violence which ignores contexts such …

Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens

Faculty Scholarship

Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Faculty Works

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

Articles

No abstract provided.

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner

Cardozo Journal of Equal Rights & Social Justice

The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Faculty Scholarship

Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Articles

The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …

Gender And Nonfinancial Matters In The Ali Principles Of The Law Of Family Dissolution, Katharine B. Silbaugh

Faculty Scholarship

The question for this issue is gender issues in the American Law Institute’s Principles of the Law of Family Dissolution. Overall, the Principles are an impressive effort to create clarity and coherence, given the disorganized and evolving state of family law. This commentary raises a few questions about the Principles’ treatment of nonfinancial issues, and suggests that this treatment should raise concerns about women’s interests upon divorce. First, I will briefly review the ALI’s position on nonfinancial matters. Second, I will discuss why the limitation to financial losses should matter to women; that is, I will investigate the costs of …

The Influence Of Pornography On Rape And Violence Against Women: A Social Science Approach, Dana A. Fraytak

Buffalo Women's Law Journal

No abstract provided.

Latinas And Religion: Subordination Or State Of Grace?, Laura M. Padilla

Faculty Scholarship

This Essay addresses how religion simultaneously subordinates Latinas while serving as a source of strength. More specifically, it focuses on Catholicism and how the same church and religion have a fragmented and varied impact on Latinas, particularly Mexican-Americans, with whom I am most familiar.

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson

UIC Law Review

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.

Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das

UIC Law Review

No abstract provided.

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein

Cardozo Journal of Equal Rights & Social Justice

The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.

Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth

Scholarly Works

This Essay is about Ellenor Frutt, Annie Dornell, Joyce Davenport, and other women criminal defense attorneys of prime time television. It examines how high-stakes network television presents sympathetic stories about women working as criminal defense attorneys while simultaneously supporting the popular thirst for the harshest criminal penalties. Real women who choose to represent criminal defendants are fundamentally out of step with angry and unforgiving attitudes toward crime and criminals. Indeed, women defenders have chosen work that puts them in direct opposition to the widespread public willingness to incarcerate record numbers of Americans, often young African-American and Latino men, for longer …

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott

Faculty Scholarship

Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.

The law tends to reflect – and perhaps contributes to – …

Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon

Faculty Articles

Race and gender become even more abstract in the disembodied presence they inhabit online. This article outlines the importance of being sensitive to the under-identified online presence of race and gender related issues, with an in depth discussion of the complications these issues face.

It's Not Just Hair: Historical And Cultural Considerations For An Emerging Technology, Deborah Pergament

Chicago-Kent Law Review

History reflects the social, religious and political importance of human hair. Individuals have used hairstyles to flaunt social conventions about gender, race, sexual identity, and social status. Totalitarian governments have regulated hairstyles as a means of social control and dehumanization. Today, advances in technology now make it possible to discover information about an individual's current or potential health status. Judicial decisions and administrative regulations offer individuals limited protection from state or institutional intrusion into the information revealed by genetic hair analysis. This Article argues that the explosion of technologies that use hair to reveal intimate details of an individual's biological …

Let's Plead For Justice And Pray For Healing, Irene Chu

Buffalo Women's Law Journal

No abstract provided.

Women And The Privitization Of Eastern Europe, Pietra Lettieri

Buffalo Women's Law Journal

No abstract provided.

Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay explores the multiple margins that Latinas inhabit both within majority society and their comunidad Latina because of their compounded outsider status in all their possible communities. Exploring the concept and theme of "Between/Beyond Colors: Outsiders Within Latina/o Communities" elucidates both the challenges and the possibilities the young LatCrit movement presents for Latinas.

From its inception, LatCrit has broadened and sought to reconstruct the race discourse beyond the normalized binary black/white paradigm -- an underinclusive model that effects the erasure of the Latina/o, Native, and Asian experiences as well as the realities of other racial and ethnic groups in …

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 …