Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 152

Full-Text Articles in Law and Gender

Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard Jan 2000

Introduction: A Retrospective On The Lesbian/Gay Law Notes, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse Jan 2000

Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse

Faculty Articles

Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …


Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman Jan 2000

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman

Michigan Law Review

A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews aspires to provide a solution for an enigmatic jurisprudential problem - the systemic failure of the legal order to recognize and to redress the injuries that women experience. Feminist scholars have agreed that, for women, the legal separation of public and private spheres often insulates from legal review behavior that harms women. But even in the so-called public sphere, women suffer harms that remain invisible and unnamed. The authors identify four legal arenas in which the "spectrum of violence …


Linking The Visions, Christina B. Whitman Jan 2000

Linking The Visions, Christina B. Whitman

Other Publications

Professor Christina Whitman talks about her teaching and her work.


Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker Jan 2000

Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker

Articles

The Supreme Court has ushered in the new millennium with a renewed emphasis on federalism-based limits to Congress's regulatory authority in general, and Congress's Section 5 power to enforce the Fourteenth Amendment in particular. In a recent string of cases, the Court has refined and narrowed Section 5's enforcement power in two significant ways.1 First, the Court made clear that Congress lacks the authority to interpret the scope of the Fourteenth Amendment's substantive provisions themselves, and may only "enforce" the judiciary's definition of Fourteenth Amendment violations. 2 Second, the Court embraced a relatively stringent requirement concerning the relationship between means …


Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri Jan 2000

Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri

Law Faculty Publications

In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …


The Enlightenment Case For Vouchers, John O. Mcginnis Jan 2000

The Enlightenment Case For Vouchers, John O. Mcginnis

Articles

No abstract provided.


Personal Harms And Political Inequities, Suzanne B. Goldberg Jan 2000

Personal Harms And Political Inequities, Suzanne B. Goldberg

Faculty Scholarship

When we think back to where the legal battle for gender equality and the rights of gay people stood a century ago, we see that, in fact, there was not much of a battle. Indeed, advocates for change were seldom triumphant. A survey in 1900 would have shown that American women were twenty years away from obtaining the right to vote, were unfit to be lawyers according to the U.S. Supreme Court, and were nowhere near being eligible-let alone required-to serve on juries. The survey would also have revealed a wide-ranging web of federal and state laws and policies that …


Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott Jan 2000

Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott

Faculty Scholarship

Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.

The law tends to reflect – and perhaps contributes to – …


Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman Jan 2000

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Social Programs And Manageable Units , Saul Levmore Jan 2000

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Foreward, Adrienne D. Davis, Joan C. Williams Jan 2000

Foreward, Adrienne D. Davis, Joan C. Williams

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Cracking Foundations As Feminist Method , Katharine T. Bartlett Jan 2000

Cracking Foundations As Feminist Method , Katharine T. Bartlett

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino Jan 2000

Building On Foundational Myths: Feminism And The Recovery Of "Human Nature": A Response To Martha Fineman , Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman Jan 2000

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Social Programs And Manageable Units , Saul Levmore Jan 2000

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey Jan 2000

Subsidized Lives And The Ideology Of Efficiency , Martha T. Mccluskey

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz Jan 2000

Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan Jan 2000

Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro Jan 2000

Unequal Before The Law: Men, Women And The Death Penalty, Andrea Shapiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii. Jan 2000

Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Grabbing Them By The Balls: Legislatures, Courts, And Team Owners Bar Non-Elite Professional Athletes From Workers' Compensation, Rachael Schaffer Jan 2000

Grabbing Them By The Balls: Legislatures, Courts, And Team Owners Bar Non-Elite Professional Athletes From Workers' Compensation, Rachael Schaffer

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky Jan 2000

Models For Safe Child Support Enforcement, Susan Notar, Viki Turetesky

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A House Of Fools: The Child Custody Protection Act, Christopher M. Law Jan 2000

A House Of Fools: The Child Custody Protection Act, Christopher M. Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt Jan 2000

Historical Essay: In The Name Of God; An American Story Of Feminism, Racism, And Religious Intolerance: The Story Of Alma Bridwell White, Kristin E. Kandt

American University Journal of Gender, Social Policy & the Law

No abstract provided.