Law and Gender Commons^™

Grappling With Gender Equality, Jerry R. Parkinson

William & Mary Bill of Rights Journal

In this twenty-fifth anniversary year of the enactment of Title IX of the Education Amendments of 1972, the issue of gender equity in athletics is as divisive as ever. Lawsuits by female athletes and the demise of many men's teams have changed perceptions of Title IX in the 1990s and have provided an impetus for a thorough reexamination of the gender equity issue.

In this Article, Professor Parkinson begins with a brief overview of the regulatory framework governing Title IX's application to athletics. He then examines the legal standards by which the Department of Education's Office for Civil Rights (OCR) …

Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede

Cardozo Law Review

In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.

Hegel’S Slaves, Blackstone’S Objects, And Hohfeld’S Ghosts: A Comment On Thomas Russell’S Imagery Of Slave Auctions, Jeanne L. Schroeder

Cardozo Law Review

Thomas Russell's wonderful paper A New Image of the Slave Auction is an example of how the best empirical work can result in conclusions that are so obviously "right" that they risk being mistaken as obvious. His paper serves as an important warning against a recurring problem in legal, as well as other scholarship: Picture thinking-in the sense of an unconscious (and as a result, unquestioning and uncritical) acceptance of familiar, traditional, comfortable imagery-so often blinds us.

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

“So Tall Within” - The Legacy Of Sojourner Truth, Peggy Cooper Davis

Cardozo Law Review

I take my text from Professor Harris's rich discussion of Sojourner Truth's life narrative. I begin, as Professor Harris began, with Truth's assertion of parental right. When her five-year-old son, Peter, was sent by his owner from New York to Alabama, Truth agonized over the loss of contact between herself and her child. She feared that Peter would lose the opportunity, owed to him under New York law, of liberation at the age of twenty-one. Truth's insistent cry, "I'll have my child again," was initially dismissed by incredulous slaveholders. But it became a theme of struggle as she repeatedly walked …

Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris

Cardozo Law Review

This Article begins with the signature speech of Sojourner Truth, one of a handful of Black women of the nineteenth century who became an important figure in the abolitionist movement, a national figure in her own time, and an icon of both historical and contemporary feminism. As the emblematic Black woman of her time and as a Black woman that both suffered under and transcended slavery, Sojourner Truth was and is a critically situated subject through which to examine the crosscutting constructions of race and gender forged under slavery.

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Globalization, Privatization, And A Feminist Public, Susan H. Williams

Indiana Journal of Global Legal Studies

No abstract provided.

As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas

Indiana Journal of Global Legal Studies

No abstract provided.

Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong

Indiana Journal of Global Legal Studies

The Fourth World Conference on Women (Beijing 1995) has spawned a

Triumphant sense among Western/Northern feminists that they are forging a

strategic sisterhood with less privileged women in the South. Feminists from

metropolitan countries seek a new North-South alliance whereby they make

strategic interventions on behalf of third world women by putting pressure on

their governments. Professor Ong critiques strategic sisterhood on the

following grounds:

First, strategic sisterhood is based on individualistic notions of

transnational feminine citizenship, ignoring the historical and cultural

differences between women from the first and third worlds. In particular, the

concept ignores geopolitical inequalities whereby postcolonial …

Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Toward A Feminist Analytics Of The Global Economy, Saskia Sassen

Indiana Journal of Global Legal Studies

Economic globalization has reconfigured fundamental properties of the

nation-state, notably territoriality and sovereignty. There is an incipient

unbundling of the exclusive territoriality we have lcing associated with the

nation-state. The most strategic instantiation of this unbundling is probably

the global city, which operates as a partly denationalized plaform for global

capital. Sovereignty is being unbundled by these economic and other noneconomic

practices and new legal regimes. At the limit this means that the

State is no longer the only site for sovereignty and the normativity that comes

with it, and further, that the State is no longer the exclusive subject …

Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt

Indiana Journal of Global Legal Studies

No abstract provided.

Implications Of Global Polarization For Feminist Work, Gracia Clark

Indiana Journal of Global Legal Studies

No abstract provided.

Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein

Indiana Journal of Global Legal Studies

Professor Eisenstein's article discusses the effects of globalization on the

relationship between privatization and public responsibility and how this

dynamic impacts the future of women across the globe. She argues that the

global growth of privatization in the North and West has disseminated around

the world to the detriment of women. Privatization, she contends, has been

accepted as the agenda of politicians for the late twentieth century, and public

responsibility has been lost as a result.

According to Professor Eisenstein, globalization has been essentially an

economic process in which a global economy surfaces without differences or

borders. The global economy, …

A Focus On Children And The Law, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.

Cultural Relativity And Universalism: Reevaluating Gender Rights In A Multicultural Context, Elene G. Mountis

Penn State International Law Review (1982 - 2011)

No abstract provided.

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.

Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff

Washington International Law Journal

A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …

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.

Canada's Charter: Rights Protection In The Cultural Mosaic, Lorraine Weinrib

Cardozo Journal of International and Comparative Law

The Canadian Charter of Rights and Freedoms, enacted in 1982, was a transformative constitutional document designed to deepen Canada's commitment to liberal democracy by recognizing a multi-faceted rightholder embedded in both individual and community identities. It aimed to balance diverse cultural, linguistic, and ethnic interests, particularly addressing Quebec's distinct identity while promoting a unified Canadian identity. However, the Charter's implementation and interpretation have been marked by ongoing political and legal challenges, particularly in Quebec, where it has been both a tool for asserting minority rights and a focal point for separatist movements.

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities

A Feminist Revisit To The First-Year Curriculum, Anita Bernstein

Faculty Scholarship

No abstract provided.

Redistributive Justice Cultural Feminism , William J. Turnier, Pamela Johnston Conover, David Lowerr

American University Law Review

No abstract provided.

Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow

University of Michigan Journal of Law Reform

President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …

Fax: The White House Office Of The Press Secretary, May 17, 1996, The White House

Saffy Collection - All Textual Materials

A fax sent regarding Megan’s Law requiring every state in the country to tell communities when a dangerous sexual predator moves into the area and the Presidents mission to make schools safer by strengthening the Safe and Drug-Free Schools Act.

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz

Faculty Scholarship

Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.

Gender Matters: Implications For Clinical Research And Women's Health Care, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials