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Articles 31 - 60 of 80
Full-Text Articles in Law and Gender
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara
Indiana Law Journal
Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …
Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri
Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri
Indiana Law Journal
Feminist legal theorists have devoted enormous attention to conceptualizing the issues of sex work and trafficking for sexual purposes. While these theories vary, they typically fall into one of two camps. The abolitionist perspective, having grown out of dominance feminist theory, perceives sex work as inherently exploitative. In contrast, a second group of theorists adopts a liberal notion of individual choice and draws on the poststructuralist rejection of gender essentialism to envision a theoretical model of sex-worker rights. The legal and public policies that grow from these two models are similarly polarized. Radical feminist abolitionists are often strange bedfellows with …
Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke
Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke
Indiana Law Journal
Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of …
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Resolving Conflicts Of Constitution: Inside The Dominican Republic's Constitutional Ban On Abortion, Mia So
Indiana Law Journal
No abstract provided.
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Domestic Violence And State Intervention In The American West And Australia, 1860-1930, Carolyn B. Ramsey
Indiana Law Journal
This Article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo- American frontier societies in the late nineteenth and early twentieth centuries. By analyzing previously unexamined cases of domestic assault and homicide in the American West and Australia, Professor Ramsey reveals a sustained (but largely ineffectual) effort to civilize men by punishing violence against women. Husbands in both the American West and Australia were routinely arrested or summoned to court for beating their wives in the late 1800s and early 1900s. Judges, police officers, journalists, and others expressed …
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams
Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber
Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber
Indiana Law Journal
Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.
Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert
Why Don't "Reasonable Women" Complain About Sexual Harassment?, L. Camille Hébert
Indiana Law Journal
No abstract provided.
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Conceptualizing Violence Against Pregnant Women, Deborah Tuerkheimer
Indiana Law Journal
No abstract provided.
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Federalism, The Commerce Clause, And The Constitutionality Of The Unborn Victims Of Violence Act Of 2004, Ryan R. Wilmering
Indiana Law Journal
No abstract provided.
Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp
Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp
Indiana Law Journal
No abstract provided.
The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen
The Midwifery Stalemate And Childbirth Choice: Recognizing Mothers-To-Be As The Best Late Pregnancy Decisionmakers, Amy F. Cohen
Indiana Law Journal
No abstract provided.
Lucky: The Sequel, Martha Chamallas
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
Indiana Law Journal
In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Abuse Of Female Sweatshop Laborers: Another Form Of Sexual Harassment That Does Not Fit Neatly Into The Judiciary's Current Understanding Of Discrimination Because Of Sex, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils
A Lesson From Nafta: Can The Ftaa Function As A Tool For Improvement In The Lives Of Working Women, Hannah L. Meils
Indiana Law Journal
No abstract provided.
Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams
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.
A Feminist Reassessment Of Civil Society, Susan H. Williams
A Feminist Reassessment Of Civil Society, Susan H. Williams
Indiana Law Journal
Symposium: Law and Civil Society
Redefining Women's Agency: A Response To Professor Williams, Kathryn Abrams
Redefining Women's Agency: A Response To Professor Williams, Kathryn Abrams
Indiana Law Journal
Symposium: Law and Civil Society
Getting Our Stories Straight: Narrative Autonomy And Feminist Commitments, Milton C. Regan Jr.
Getting Our Stories Straight: Narrative Autonomy And Feminist Commitments, Milton C. Regan Jr.
Indiana Law Journal
Symposium: Law and Civil Society
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook
Indiana Law Journal
No abstract provided.
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
With Justice For Whom? The Presumption Of Moral Innocence In Rape Trials, Stacey Pastel Dougan
Indiana Law Journal
No abstract provided.
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Indiana Law Journal
No abstract provided.
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Rethinking Feminist Judging, Michael E. Solimine, Susan E. Wheatley
Indiana Law Journal
No abstract provided.
The Constitution And The Subgroup Question, Martha Minow
The Constitution And The Subgroup Question, Martha Minow
Indiana Law Journal
Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.
"Mother," "Parent," And Bias, A. Jasmine Rassam
"Mother," "Parent," And Bias, A. Jasmine Rassam
Indiana Law Journal
No abstract provided.
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell
Indiana Law Journal
No abstract provided.
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
The Violence Against Women Act: Civil Rights For Sexual Assault Victims, W. H. Hallock
Indiana Law Journal
No abstract provided.
Despair And Redemption In The Feminist Nomos, Thomas Ross
Despair And Redemption In The Feminist Nomos, Thomas Ross
Indiana Law Journal
No abstract provided.