Law and Gender Commons^™

Straightening It Out: Joan Williams On Unbending Gender, Adrienne D. Davis

American University Law Review

No abstract provided.

What’S Wrong With Sexual Harassment?, Katherine Franke

Women’s Law Forum (2000-2006)

In a lecture given at Villanova University School of Law in March 2000, Professor Franke addressed the recent Supreme Court decisions that have sought to clarify the nature of the right against sexual harassment in the workplace. Professor Franke discussed these cases and critiqued the way in which the court's new jurisprudence of sexual harassment creates structural impediments to remedying the problem of sexual harassment in the workplace.

The Glass Ceiling For Women In Legal Education: Contract Positions And The Death Of Tenure, Marina Angel

Journal of Legal Education

No abstract provided.

Declaring Unconstitutional A Constitutional Amendment: The Argentine Judiciary Forges Ahead, Ileana Gomez

University of Miami Inter-American Law Review

No abstract provided.

Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin

Testimony Before Congress

No abstract provided.

The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir

All Papers

No abstract provided.

Biology For Feminists, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana

Faculty Scholarship

In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …

Stop The Presses: Gender Differences Discovered In The Legal Writing Profession, Jo Anne Durako

Women’s Law Forum (2000-2006)

After 25 years of empirical research gathered by legal writing professors to study the legal writing profession, Professor Durako discovered a disturbing disparity. Inclusion of a question regarding gender differences in the legal writing profession in a recent survey revealed some startling news: women directors of legal writing programs are treated less well than men.

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Michigan Journal of Gender & Law

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

Women Full Professors, Michael A. Petersen, David R. Colvin

ADVANCE Library Collection

No abstract provided.

Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport

Faculty Scholarship

This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker.

Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen

UC Law SF Journal on Gender and Justice

California's Proposition 215 legalizes the medical use of marijuana. Since its passage, the State of California and the federal government have been engaged in legal skirmishing over its implementation. In this policy commentary, Professor Cohen describes the current legal status of medical marijuana and the current scientific views about its efficacy for various medical purposes. She appeals to California's Governor Gray Davis to break the costly legal impasse between federal and state governments over medical marijuana. She proposes that the Governor support the scientific efforts needed to determine whether, and for what, marijuana is good medicine. Further, the Governor should …

Women In Law, Susan Carle

Book Reviews

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Subsidy For Caretaking In Families: Lessons From Foster Care , Catharine J. Ross, Naomi R. Cahn

American University Journal of Gender, Social Policy & the Law

No abstract provided.

U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson

UIC Law Review

No abstract provided.

Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook

UIC Law Review

No abstract provided.

On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler

Michigan Journal of Gender & Law

This narrative is a true story. It raises the same central issue as many of the core stories of race and gender that have haunted us over the last decade: the identification of truthtellers. Theoretical analysis of truth and bias abound. This story, like many of these other stories, nevertheless stands on its own, without the need for iterative analysis.

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.

A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri

Michigan Journal of Gender & Law

To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …

Inverting The Viability Test For Abortion Law, Bruce Ching

Journal Articles

The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

All Faculty Scholarship

At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Exploring The Law Of Law Teaching: A Feminist Process, 34 J. Marshall L. Rev. 193 (2000), Kathryn M. Stanchi

UIC Law Review

No abstract provided.