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Washington and Lee University School of Law

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Articles 61 - 90 of 117

Full-Text Articles in Law and Gender

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck Mar 2014

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.


Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann Mar 2014

Keynote Address: Untying The Moral Knot Of Abortion, Caitlin E. Borgmann

Washington and Lee Law Review

No abstract provided.


Roe'S Effects On Family Law, Lynne Marie Kohm Mar 2014

Roe'S Effects On Family Law, Lynne Marie Kohm

Washington and Lee Law Review

No abstract provided.


Innocent Burdens, James Edwin Mahon Mar 2014

Innocent Burdens, James Edwin Mahon

Washington and Lee Law Review

No abstract provided.


Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun Mar 2014

Why Strive For Balance In A Roe Symposium?, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.


Abortion Distortions, Caroline Mala Corbin Mar 2014

Abortion Distortions, Caroline Mala Corbin

Washington and Lee Law Review

No abstract provided.


The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian Mar 2014

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.


Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson Mar 2014

Emergency Contraceptives Or "Abortion-Inducing" Drugs? Empowering Women To Make Informed Decisions, Ryan M. Hrobak, Robin Fretwell Wilson

Washington and Lee Law Review

No abstract provided.


Safety V. Surgery: Sex Reassignment Surgery And The Housing Of Transgender Inmates, Tammi S. Etheridge Jan 2014

Safety V. Surgery: Sex Reassignment Surgery And The Housing Of Transgender Inmates, Tammi S. Etheridge

Scholarly Articles

Rather than continue to ignore the discrepancy between allowing transgender prisoners access to hormone therapy and sexual reassignment surgery while permitting prison administrators to decide whether there is adequate housing to warrant such treatment, courts should enforce the use of such medically necessary treatments when prescribed by a doctor. Although prisons may be justified in their concerns of safety, it is time to amend the structure of the prison industrial complex so that all prisoners are safe and free from abuse. Moving forward, prisons might consider classifying and housing each prisoner on a case-by case basis or constructing non-punitive housing …


Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost Jan 2013

Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost

Scholarly Articles

Not available.


The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson Oct 2012

The Calculus Of Accommodation: Contraception, Abortion, Same-Sex Marriage, And Other Clashes Between Religion And The State, Robin F. Wilson

Scholarly Articles

This Article considers a burning issue in society today— whether, and under what circumstances, religious groups and individuals should be exempted from the dictates of civil law. The “political maelstrom” over the Obama administration’s sterilization and contraceptive coverage mandate is just one of many clashes between religion and the state. Religious groups and individuals have also sought religious exemptions to the duty to assist with abortions or facilitate samesex marriages. In all these contexts, religious objectors claim a special right of entitlement to follow their religious tenets, in the face of equally compelling claims that religious accommodations threaten access and …


Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone Jan 2012

Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone

Scholarly Articles

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?

This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …


Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, Heather M. Kolinsky Jan 2011

Taking Away An Employer's Free Pass: Making The Case For A More Sophisticated Sex-Plus Analysis In Employment Discrimination Cases, Heather M. Kolinsky

Scholarly Articles

In this article the author advocates for a broader interpretation of sex-plus theory to encompass the concept of mother as a gender identified category.


Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges Jun 2010

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges

Washington and Lee Law Review

In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …


Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller Mar 2010

Class Differences In Women’S Family And Work Behaviors, Sharon Sassler, Amanda J. Miller

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Gender, Discourse, And Customary Law In Africa, Johanna E. Bond Jan 2010

Gender, Discourse, And Customary Law In Africa, Johanna E. Bond

Scholarly Articles

Around the world, efforts by states to accommodate cultural pluralism vary in form and vigor. Some multiculturalist states cede to cultural minorities the authority to govern in certain substantive areas, such as family law. Not surprisingly, feminists have raised concerns that a state’s reluctance to govern in areas traditionally seen as “private,” and leaving those areas of law to customary legal systems, leaves women within those minority communities vulnerable to discrimination. Many women value cultural identity, even as they work to eliminate discrimination within their cultural communities. The international human rights community, however, has not always viewed women as committed, …


Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky Jan 2010

Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky

Scholarly Articles

The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …


Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller Jan 2010

Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller

Scholarly Articles

Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …


Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye Sep 2009

Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Sep 2009

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena Sep 2009

Introduction To The Symposium Issue: Reproductive And Sexual Health And The African Women's Protocol, Charles Ngwena

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen Sep 2009

An Introduction To The Protocol To The African Charter On Human And Peoples' Rights On The Rights Of Women In Africa, Frans Viljoen

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook Sep 2009

Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché Sep 2009

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda Sep 2009

"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary Sep 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio Mar 2009

If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rape And The Exception In Turkish And International Law, Ruth A. Miller Sep 2007

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …


Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau Sep 2007

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …


The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright Sep 2007

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright

Washington and Lee Law Review

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …