Law and Gender Commons^™

The Politics Of Collective Security, Anne Orford

Michigan Journal of International Law

Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …

Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

Can A 'Dumb Ass Woman' Achieve Equality In The Workplace? Running The Gauntlet Of Hostile Environment Harassing Speech, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Sandra Bundy may have guessed that her new job with the District of Columbia Department of Corrections would be a challenge. What she may not have expected was that she would have to meet the challenge under very different conditions than those faced by her male coworkers. Ms. Bundy's work was continually interrupted by one of her supervisors, who kept calling her into his office and forcing her to listen to his theories about how women ride horses to obtain sexual gratification. He repeatedly asked Ms. Bundy to come home with him in order to view his collection of pictures …

Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley

Scholarly Articles in Law Reviews & Journals

At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.

By the time the International Labor Organization responded to complaints that the convention was …

Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham

Articles

Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …

Sex-Blind, Separate But Equal, Or Anti-Subordination? The Uneasy Legacy Of Plessy V. Ferguson For Sex And Gender Discrimination, Lucinda M. Finley

Journal Articles

No abstract provided.

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery

Journal Articles

No abstract provided.

Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper

Faculty Scholarship

The debate surrounding mandatory HIV testing of newborns and pregnant women requires an understanding of the historical context of women in the epidemic. Although the epidemic first was recognized in gay men in 1981, anecdotal reports reveal that women already were dying from what seems to have been HIV-related symptomatology. Indeed, in Gena Corea's book, The Invisible Epidemic, we learn that, as early as 1981, not insignificant numbers of drug-using and former drug-using women were falling ill and not recovering from conditions that normally are not fatal, including bacterial pneumonia. Yet, because we did not necessarily expect these populations to …

Confronting Expectations: Women In The Legal Academy, Christine Haight Farley

Scholarly Articles in Law Reviews & Journals

A seemingly insurmountable barrier to women's success in legal academia is the way they are perceived. Numerous studies have shown that women are perceived as less competent than men and that the same work is evaluated more critically when it is thought to have been done by a woman than by a man. This problem exists in all aspects of life, but it is especially acute for women in professional roles, such as academics. Legal academia, however, seems to be particularly resistant to viewing women as equally competent. The article presents original empirical research that shows that student evaluations of …

The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Community Culture And Tradition: Maintaining Male Dominance In Conservative Institutions, Christine M. Venter

Journal Articles

"The freer women are to share their gifts with society and to assume leadership in society, the better are the prospects for the entire human community to progress in wisdom, justice and dignified living ... " So argued Mary Ann Glendon, the Vatican delegate to the Fourth World Conference on Women in September, 1995. While Glendon's point is well taken, in many societies, including the Catholic Church which Glendon represented at the Conference, women often do not have the opportunity to choose their roles and share their gifts and talents with society in the manner they deem most appropriate. In …

Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford

Cardozo Journal of Equal Rights & Social Justice

The legal system should consider unique circumstances when sentencing mothers who kill their children, focusing on mitigating factors such as mental state, abuse history, and societal pressures, rather than applying uniform punishments.

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Griswold V. Connecticut: Contraception And The Right Of Privacy, Susan Wawrose

Books and Book Chapters by University of Dayton Faculty

Presents a thought-provoking look at a groundbreaking Supreme Court case, Griswold v. Connecticut, involving the directors of a women's health clinic, arrested for violating state contraception laws, and the court's resulting affirmation of a constitutional right to privacy.

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Faculty Articles

When parents dispute child custody, courts determine their rights by using a "best interests of the child" analysis. In this context, courts consider a host of factors, including parental sexuality. When considering the suitability of custody for a lesbian or gay parents, most courts employ a nexus test - one that requires a showing of a nexus between parental sexuality and the well-being of the child. A smaller number continue to use a harsher test that disqualifies lesbian and gay parents under a per se rule. This article argues that closer examination reveals that even the apparently more liberal nexus …

Masthead - Cardozo Women's Law Journal, Vol. 3 (1996)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.

Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.

Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.

Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust

Cardozo Journal of Equal Rights & Social Justice

The article examines the principle of equal treatment in social security law under European Community (EC) law and German constitutional law, highlighting their differences in scope and application. While both legal systems prohibit sex-based discrimination, EC law, primarily through Directive 79/7, applies narrowly to specific risks and allows significant exceptions, particularly for survivor and family benefits. In contrast, German constitutional law provides broader protections under the Basic Law, which directly binds the legislature and judiciary to ensure equal rights, though it also struggles with addressing indirect discrimination effectively.

The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman

Cardozo Journal of Equal Rights & Social Justice

The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.

Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison

Faculty Scholarship

While we believe that the work of healing our cultural dyslexia is partly cognitive, in and through this paper we have tried to enact the experiential aspect. We may approach the entrances of the borderlands through reading and thinking, however we believe that the borderlands is a phenomenon of living, a phenomenon of well-intentioned people interacting in deliberate and thoughtful ways with those who are simultaneously like and unlike us/them. The borderlands require that we bring our critical faculties to bear on life's experiences, but, more often than not, we must suspend them in favor of more charitable and affiliative …

The Future Of Affirmative Action: Reclaiming The Innovative Deal, Susan Sturm, Lani Guinier

Faculty Scholarship

We are witnessing a broad-based assault on affirmative action – in the courts, the legislatures, and the media. Opponents have defined affirmative action as a program of racial preferences that threatens fundamental American values of fairness, equality, and democratic opportunity. Opponents successfully depict racial preferences as extraordinary, special, and deviant – a departure from prevailing modes of selection. They also proceed on the assumption that, except for racial or gender preferences, the process of selection for employment or educational opportunity is fair, meritocratic, and functional. Thus, they have positioned affirmative action as unnecessary, unfair, and even un- American.

Those of …

The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover

Faculty Publications

No abstract provided.

An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci

Cardozo Journal of Equal Rights & Social Justice

The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.

What Does A White Woman Look Like? Racing And Erasing In Law, Katherine M. Franke

Faculty Scholarship

In significant ways, legal texts produce a narrative of national identity. They weave stories about who we are, what we are committed to, and what we expect of one another, individually and collectively. The concept of justiciability can be understood as a set of rules determining what stories courts are allowed to tell about who we are and who we can be. In this sense, Ronald Dworkin's account of judging as writing ongoing chapters in a chain novel provides a compelling conception of law as both describing where we have been and directing where we are going. If the salience …

Separating From Children, Carol Sanger

Faculty Scholarship

On September 1, 1939, in anticipation of the imminent German bombing of British cities, 150,000 children were assembled at the railway stations of London and sent throughout the day to "'destinations unknown'" in the English countryside. Mothers and children under five were evacuated together but school-age children were shipped out to rural billets in school groups, accompanied only by their teachers and civil defense volunteers. Forty years later, an observer remembered the day vividly:

[T]he mothers [were] trying to hold back their tears as they marched these little boys and girls in their gas masks into the centre …. The …