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Articles 331 - 360 of 397

Full-Text Articles in Law and Gender

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle Nov 2012

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce Sep 2012

Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce

University of Michigan Journal of Law Reform

Congress could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. Many school districts are not aware of the prevalence of LGBT bullying and the extent to which each school protects, or fails to protect, its LGBT students compared to other harassed students. LGBT students often encounter difficulty demonstrating that their school district has a policy or custom of deliberate indifference toward their equal treatment when a school does not equally protect an LGBT student from peer-to-peer bullying because of the …


Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist Aug 2012

Finding Safe Harbor: Protection, Prosecution, And State Strategies To Address Prostituted Minors, Darren Geist

Legislation and Policy Brief

The common policy of treating sexually exploited minors as criminals represents a fundamental failing of the justice system. Prostituted minors should not be treated as delinquents requiring discipline but rather as severely traumatized and abused victims requiring specialized services and counseling. Yet, in most states, prostituted minors are re-traumatized through arrest, prosecution, and detention instead of receiving specialized services. Besides being unjust, this policy is counter-productive. Arresting, prosecuting, and detaining minors hinders law enforcement efforts to go after the real criminals – the pimps and the johns, and misses an important opportunity to rescue minors from a system of commercial …


The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders Jun 2012

The Constitutional Right To (Keep Your) Same-Sex Marriage, Steve Sanders

Michigan Law Review

Same-sex marriage is now legal in six states, and tens of thousands of same-sex couples have already gotten married. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. These mini-defense of marriage acts not only forbid the creation of same-sex marriages; they also purport to void or deny recognition to the perfectly valid same-sex marriages of couples who migrate from states where such marriages are legal. These nonrecognition laws effectively transform the marital parties into legal strangers, causing significant harms: property rights are potentially altered, spouses disinherited, children put at risk, and financial, …


Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker Jan 2012

Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker

Michigan Journal of Gender & Law

If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …


No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett Jan 2012

No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett

Michigan Journal of Gender & Law

Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …


Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl Jan 2010

Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl

UIC Law Review

No abstract provided.


International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar Jan 2010

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

UIC Law Review

No abstract provided.


Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser Jan 2010

Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser

Michigan Journal of Gender & Law

Transgendered individuals and their families face legal risks that most families do not, at least in part, because state laws are often unclear about whether or under what conditions transgendered individuals are permitted to marry the individuals whom they love. Challenges to the validity of marriages involving the transgendered may arise under a variety of circumstances, ranging from cases in which individuals may have hidden or may not even have known that they were transgendered until after their marriages, to cases in which the individuals had already transitioned and had explained their personal histories to their partners before they were …


Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes Jan 2008

Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes

UIC Law Review

No abstract provided.


"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines Jan 2008

The Intriguing Federalist Future Of Reproductive Rights, Scott A. Moss, Douglas M. Raines

Publications

As the decline of Roe v. Wade inspires renewed efforts to restrict federal constitutional abortion rights, the serious shortcomings of abortion rights advocates' strategies for preserving such rights will become increasingly apparent. Continued reliance on Roe is likely to fail with an increasingly unsympathetic Supreme Court. Even abortion rights supporters have begun to criticize the decision for weak reasoning, which is difficult to remedy at this late stage of federal abortion jurisprudence. Moreover, although autonomy and gender equality arguments for abortion rights would improve upon Roe's privacy rationale, such arguments would require abrogating substantial precedent and are, therefore, of limited …


"Protecting" Women's Health: How Gonzales V. Carhart Endangers Women's Health And Women's Equal Right To Personhood Under The Constitution, Martha K. Plante Jan 2008

"Protecting" Women's Health: How Gonzales V. Carhart Endangers Women's Health And Women's Equal Right To Personhood Under The Constitution, Martha K. Plante

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Intersection Of Gender And Early American Historic Preservation: A Case Study Of Ann Pamela Cunningham And Her Mount Vernon Preservation Effort, Jill Teehan May 2007

The Intersection Of Gender And Early American Historic Preservation: A Case Study Of Ann Pamela Cunningham And Her Mount Vernon Preservation Effort, Jill Teehan

Georgetown Law Historic Preservation Papers Series

American historic preservationists universally credit Ann Pamela Cunningham, the woman who saved George Washington's Mount Vernon home, as the chief architect of the historic preservation movement in the United States. However, little scholarship has considered how Cunningham's social position as a woman significantly contributed to her ability to save Mount Vernon, and thus jumpstart a national movement to save historically significant places. Using Cunningham and the organization she formed, the Mount Vernon Ladies' Association of the Union (MVLA), widely regarded as the nation's first historic preservation society, this paper considers the intersection of gender and early historic preservation in the …


Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast Feb 2007

Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast

ExpressO

The past several years have seen an increasing number of pharmacists refuse to dispense emergency contraception, an effective, post-coital form of contraception, on the grounds that the drug violates their personal beliefs. This Article addresses the impact of those pharmacist refusals under existing principles of tort law. The Article draws on existing pharmacy case law, state-specific refusal clauses, and ethics statements promulgated by professional pharmacy associations to investigate whether pharmacists have a legal duty to dispense emergency contraception, notwithstanding religious or ethical objections. Concluding that in most states, such a legal duty does exist, the Article develops a “wrongful conception” …


Refusal To Dispense Emergency Contraception In Washington State: An Act Of Conscience Or Unlawful Sex Discrimination?, Dana E. Blackman Jan 2007

Refusal To Dispense Emergency Contraception In Washington State: An Act Of Conscience Or Unlawful Sex Discrimination?, Dana E. Blackman

Michigan Journal of Gender & Law

This Article will demonstrate that a pharmacist's refusal to fill a valid prescription for emergency contraception constitutes sex discrimination and violates the WLAD. Part I explains the nature and function of emergency contraceptive pills (ECPs) as well as their role in basic health care for women and the importance of their accessibility. Part II addresses federal civil rights protections and the failure of these protections to provide relief for women facing refusals. Focusing on the WLAD, Part II also explains how state public accommodation statutes protect women from discrimination in places of public accommodation. It further sets forth the prima …


Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard Jan 2007

Les Papiers De La Liberté: Une Mère Africaine Et Ses Enfants À L'Époque De La Révolution Haïtienne, Rebecca Scott, Jean M. Hebrard

Articles

During the Louisiana Constitutional Convention of 1867-1868, the young Edouard Tinchant proposed measures to protect the civil rights of women. He suggested that the State adopt legal measures to allow all women, regardless of race or color, to more easily bring complaints in the event of a breach of a marriage promise. He also proposed additional measures to prevent women from being forced into “concubinage” against their will. While that constitutional Convention was open to men of color and guaranteed a number of the rights for which Tinchant and his friends were fighting, the assembly did not adopt his propositions …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

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 Aug 2006

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 …


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 Jan 2006

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 Jan 2006

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.


No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness Jan 2006

No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness

UIC Law Review

No abstract provided.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

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

ExpressO

No abstract provided.


Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben Jan 2004

Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben

UIC Law Review

No abstract provided.


Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor Jan 2003

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.


Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman Jan 2003

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.


The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind Jan 2003

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.


Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold Jan 2003

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.


Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane Jan 2002

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.