Law and Gender Commons^™

Foreword, H. L.A. Holeman, Eric Sterling

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Female Offender: A Victim Of Neglect, Lamont Flanagan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

More Than Mere Ripples: The Interwoven Complexity Of Female Incarceration And The African-American Family, Joseph Cudjoe, Tony A. Barringer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Force And Colonial Development In Eastern Uganda, Carol Summers

History Faculty Publications

This article explores why and how administrators and missionaries in Eastern Uganda came to associate progress and development with the need to whip, coerce, and imprison women, developing new institutions for the violent control of wives that went far beyond more common patterns of informal patriarchal control. New Native Courts took over from husbands in arranging for troublesome wives to be whipped. New mission associations of church, teachers’ and evangelists’ groups, and church men’s groups worked to establish Christian patriarchal control over wives who rejected husbands and Christ. Both officials and missionaries understood clearly that the government and missions needed …

Protection Of Female Prisoners: Dissolving Standards Of Decency, Martin A. Geer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray

Michigan Journal of Gender & Law

In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)

The Educational Pipelinie For Women In Biology: No Longer Leaking?, Louise Luckenbill-Edds

ADVANCE Library Collection

Describing the past 30 years of progress toward gender equity in science, one observer wrote: "Although optimistic about future prospects, I must also point out some daunting toads and serpents lurking in the gardens of science. These challenge the rising generation of young scientists to be no less intrepid [that past activists who catalyzed change]" (Herschbach 1999, p. 66). The failure of the sciences to attract and retain women has meant a loss of diversity, as well as a loss of talent and creativity, that impoverishes research viewpoints and limits effective communication of science with diverse sectors of society.

Our Economy Of Mothers And Others: Women And Economics Revisited, Joan C. Williams

Faculty Scholarship

No abstract provided.

Contradictions, Open Secrets, And Feminist Faith In Enlightenment, Heather Hughes

Feminist Scholarship

INTRODUCTION: Judges often malign exception making as the erosion of legal rules, yet in the same breath sanction the territory that exceptions have eclipsed to date. Judges may embrace as precedent the course of exceptions that has shaped doctrine so far, but then cite the importance of enforcing common law rules to refuse exceptions that would redress violence against women. This paradoxical stance prompts many feminists to target ignorance of violence in women's lives as the source of judicial resistance to establishing exceptions to rules that prevent recovery for women's harms. These feminists call for education, for increased awareness, to …

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

UIC Law Review

No abstract provided.

The Logician Versus The Linguist- An Empirical Tale Of Functional Discrimination In The Legal Academy, Andrea Kayne Kaufman

Michigan Journal of Gender & Law

This paper, focusing exclusively on gender, asks whether male and female law students express different preferences for logic-based learning models. A wide variety of educational theories and other theories have been used to conceptualize different learning preferences among law students but until now, none has focused on logical intelligence compared with the other intelligences. Using Harvard educational psychologist Howard Gardner's theory of Multiple Intelligences, this paper describes an empirical study establishing that male and female law students express differences in preferring logical intelligence over the other intelligences. This paper introduces the concept of "functional discrimination," addressing the ways in which …

The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Michigan Journal of Gender & Law

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland

Cardozo Journal of Equal Rights & Social Justice

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.

Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco

Human Rights Brief

No abstract provided.

Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan

Michigan Journal of International Law

Part of any Muslim's effort to return to their religious past usually involves an invocation of Islamic law, or what has been termed the Shari'ah. This Note intends to cursorily examine Islamic law-where it was, and where it is going. More specifically, this Note will examine a growing fracture within the Islamic community and how a fissure among so-called fundamentalists will ultimately influence an understanding of Islamic law.

Does Ec Pregnancy And Maternity Legislation Create Equal Opportunities For Women In The Ec Labor Market? The European Court Of Justice's Interpretation Of The Ec Pregnancy Directive In Boyle And Lewen, Petra Foubert

Michigan Journal of Gender & Law

This article discusses the EC's legal accommodation of pregnancy in the workplace and the interpretation thereof by the European Court of Justice. The leitmotiv is the question to what extent such accommodation enhances women's position in the labor market. The suspicion being that, in a well-intentioned attempt to fight discrimination of women, the EC institutions entrench gender discrimination. In other words, in their attempt to fight sex discrimination (by accommodating pregnancy), the EC often places women in a position that confirms the traditional perception of women as childbearers and caregivers.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

Most Influential Woman In The Law Award, Cardozo Women's Law Journal

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimène Keitner

Faculty Scholarship

No abstract provided.

"It's Snowing Down South": How To Help Mothers And Avoid Recycling The Sameness/Difference Debate, Joan C. Williams

Faculty Scholarship

No abstract provided.

Canaries In The Mine: Work/Family Conflict And The Law, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Family-Hostile Corporation, Joan C. Williams

Faculty Scholarship

No abstract provided.

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth

Michigan Journal of International Law

This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.

(Dis)Embedded Women, Rhoda E. Howard-Hassmann

Michigan Journal of International Law

The position argued in this Article is that women's rights are individual rights. To explain this position, the Article will progress along the following arguments: 1) The dichotomy between Western individualism and non-Western collectivism is false. 2) Much of the debate regarding the role of women and women's rights confuses interest and identity. 3) Women do not necessarily constitute a social group. 4) "Women's" rights are actually universal human rights: they pertain mostly to women, but also to men. 5) The debate about whether women are a social group is rooted in part in differing conceptions of women's embeddedness in …

Treat Your Women Well: Comparisons And Lessons From An Imperfect Example Across The Waters, Rana R. Lehr-Lehnardt

Faculty Works

A young woman could not endure another night with the elderly man she was forced to marry, so she slipped out of the house and spent the night with the young man she had loved for years and desperately wanted to marry. When the woman's father learned of the illicit behavior, he entered the police station where she had sought refuge and fired four shots at her. He shed his daughter's blood to cleanse the family's honor. Jordan, 1999

A jealous husband returned home from an evening at the mosque and accused his pregnant wife of having an affair. The …

The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry

Law Faculty Articles and Essays

In Part II, I outline the values protected by the free exercise clause. I also analyze modern free exercise jurisprudence, ending with the status of religious exemptions from laws of general applicability since the Supreme Court's decision in Employment Division v. Smith, which severely limits the situations in which strict scrutiny will be applied to analyze government actions that compels a religious believer to act contrary to her beliefs. In Part III, I first discuss the law regarding the right to refuse medical treatment. I then explore the states' rationales for using the force of law on pregnant women who …