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Law and Gender Commons™

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2000

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Institution
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Articles 61 - 90 of 152

Full-Text Articles in Law and Gender

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant Jan 2000

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 …

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Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett Jan 2000

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

Faculty Scholarship

No abstract provided.

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

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.

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Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon Jan 2000

Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon

UC Law SF Journal on Gender and Justice

The FDA's proposed rule regarding structure/function claims for dietary supplements is intended to give consumers more information about dietary supplements. While "disease claims" are prohibited under the rule, claims that a product affects a structure or function of the body are permissible. However, the distinction between a "disease claim" and a "structure/function claim" ignores the reasons why many consumers turn to dietary supplements. Rather than dispelling confusion surrounding dietary supplements, the proposed rule will only add to it.

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The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal Jan 2000

The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

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Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert Jan 2000

Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert

UC Law SF Journal on Gender and Justice

As indicated by the title, our primary question concerns the relationship of situated knowledges, identity politics and the political dimension of law. The term "situated knowledges" refers broadly to issues raised in feminist epistemology: how do oppressed groups experience the world differently to the dominant perspective, what is the relationship between different knowledge bases and what is the epistemological significance of "the view from below?" "Identity politics" is a term which has been used to describe political coalitions formed primarily around politically-charged identities. It has been used to indicate, for instance, that identification as a "feminist" or as a "lesbian" …

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Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams Jan 2000

Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.

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

Foreword, Joan C. Williams, Adrienne D. Davis

Faculty Scholarship

No abstract provided.

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Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader Jan 2000

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

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Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein Jan 2000

Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan Jan 2000

Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal Jan 2000

The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

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U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen Jan 2000

U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen

UC Law SF Journal on Gender and Justice

This article explores dietary supplement regulation and the belief systems and legal rules that shape it. Part I discusses the key provisions of the federal Dietary Supplement Health and Education Act (DSHEA). Part II examines how DSHEA, philosophically, represents a compromise between extreme medical paternalism (the orthodox view that the FDA should dictate consumer access to dietary supplements) and radical patient autonomy (the liberal view that patients should have unlimited consumer access to dietary supplements). Part II frames the debate in terms of regulatory proposal, policy, values, and belief system. Strong controls in regulation (FDA's paternalistic viewpoint) and weak controls …

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When Service With A Smile Invites More Than Satisfied Customers: Third-Party Sexual Harassment And The Implications Of Charges Against Safeway, Sarah L. Ream Jan 2000

When Service With A Smile Invites More Than Satisfied Customers: Third-Party Sexual Harassment And The Implications Of Charges Against Safeway, Sarah L. Ream

UC Law SF Journal on Gender and Justice

Sexual harassment in the workplace, a form of sex discrimination, has received substantial legislative and judicial attention in the past several decades. Courts have recognized that harassment may arise from supervisor or co-worker conduct. Increasingly, courts are also acknowledging harassment by third-parties, such as independent contractors or customers. This note examines the law of such "third-party sexual harassment" with regard to harassment perpetrated by customers. Particular attention is given to the implications of charges filed against a major super market chain alleging harassment by customers due to the implementation of a customer service policy.

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Foreword, Cary Elizabeth Zuk Jan 2000

Foreword, Cary Elizabeth Zuk

UC Law SF Journal on Gender and Justice

No abstract provided.

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Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King Jan 2000

Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King

UC Law SF Journal on Gender and Justice

Clara Shortridge Foltz has been described in many different ways. "Lady lawyer," "massive egotist" and "representative heroine" are just a few of the labels she has worn. This note attempts to find yet another label for Foltz by exploring her culture and the roles she chose to play within that culture. When Foltz is viewed in the context of her time it becomes apparent that her proper label lies somewhere between lady lawyer and feminist. She was a complex woman with varied responses to the Victorian notions that men and women occupied different spheres, which is referred to as separate …

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Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele Jan 2000

Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele

UC Law SF Journal on Gender and Justice

Reacting to the horrors committed during World War II and the subsequent mass migration of individuals across State boundaries, the international community in 1951 agreed to a definition of refugee. This definition is still in use internationally and reflected in U.S. domestic law. This article illustrates how the current definition of refugee is limited and therefore inadequate to protect millions of persons, namely those persecuted or facing persecution on account of gender. Likewise, recent developments in refugee law do not sufficiently provide protection to individuals facing gender-specific forms of persecution. This article argues for the addition of a gender category …

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Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller Jan 2000

Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller

UC Law SF Journal on Gender and Justice

The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a "state-created danger theory," by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger …

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All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby Jan 2000

All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby

UC Law SF Journal on Gender and Justice

This article examines some of the issues surrounding attempts to increase the participation of women in formal political structures. Although prominent on the international agenda, only Scandinavia comes close to a true gender balance. Within an international political and legal context, this article examines the remarkable improvement in female representation which has occurred in Scotland since 1997. Scotland is an ideal case study with recent elections to the Local Councils, the Scottish Parliament, the national Westminster Parliament and the European Parliament. In some instances, different techniques of affirmative action or reverse discrimination were employed. Each of these elections will be …

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Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri Jan 2000

Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri

Faculty Publications

The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …

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Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis Jan 2000

Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis

Michigan Journal of International Law

The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …

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Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron Jan 2000

Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron

UIC Law Review

No abstract provided.

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Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das Jan 2000

Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das

UIC Law Review

No abstract provided.

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Welfare Reform And The Use Of State Power In The Prostitution Of Poor Women , April L. Cherry Jan 2000

Welfare Reform And The Use Of State Power In The Prostitution Of Poor Women , April L. Cherry

Cleveland State Law Review

I would like to talk about the connection between welfare reform "as we know it," and the potential for increased state support for the prostitution of women. In particular, I would like to discuss the work requirements found in both federal and state welfare reform statutory schemes. I worry that these work requirements will sanction the prostitution of poor women, particularly poor women of color, lesbians, and other women with children who are already forced to live their lives at the economic and social margins of society. I worry that the work requirements found in the new welfare regime will …

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The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein Jan 2000

The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

UF Law Faculty Publications

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …

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The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky Jan 2000

The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky

UF Law Faculty Publications

In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.

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Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich Jan 2000

Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich

Indiana Journal of Global Legal Studies

No abstract provided.

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Gender Politics In Global Governance (Mary K. Meyer & Elisabeth Prügl Eds., 1999), Berta E. Hernández-Truyol Jan 2000

Gender Politics In Global Governance (Mary K. Meyer & Elisabeth Prügl Eds., 1999), Berta E. Hernández-Truyol

UF Law Faculty Publications

Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to the …

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Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister Jan 2000

Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister

Faculty Scholarship

Most courts hold that, by agreeing to have an illegal abortion, a woman forfeits her right to recover for injuries tortuously inflicted during that abortion. Nevertheless, most courts do permit suits by those injured in the course of committing other crimes, and they usually do so without considering whether plaintiff's criminal conduct should prevent recovery. Part II of this Article explores and discredits the reasons offered for prohibiting recovery in abortion suits. 21 Part III analyzes, on a chronological basis, each state's decisions prohibiting such recovery. Part IV discusses possible explanations for the abortion decisions, noting that these women's claims …

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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

Faculty Articles

In this Article, I will bring into view the family, or more explicitly, the dependency hidden within the assumed family. Policy development and social theory considerations should center on assessing the appropriateness of the aspirations and expectations we have for the family. This assessment is crucial to one of the most compelling problems facing society at the end of the Twentieth Century-the increasing inequitable and unequal distribution of societal resources and the corresponding poverty of women and children.

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