Law and Gender Commons^™

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins

Faculty Scholarship

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …

For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda

Journal Articles

No abstract provided.

Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law

Michigan Journal of International Law

Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.

The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya C. Wright

UF Law Faculty Publications

This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …

Transformative Justice: Anti-Subordination Processes In Cases Of Domestic Violence, Donna K. Coker

Books and Book Chapters

No abstract provided.

Women In The Law: Milestones And Information, Colleen Kristl Pauwels

Historic Documents

Colleen Pauwels was the Director of the Jerome Hall Law for more than 30 years and wrote and researched about the history of the Maurer School of Law. This document details names and dates of major milestones of women in the law from 1892-1988.

Breaking Out: Vmi And The Coming Of Women By Laura Fairchild Brodie, Melissa Nimit

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

No abstract provided.

Sexual Harassment And Disparate Impact: Should Non-Targeted Workplace Sexual Conduct Be Actionable Under Title Vii?, Kelly Cahill Timmons

Faculty Publications By Year

No abstract provided.

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Press Freedom And Public Forums, Arthur S. Leonard

Other Publications

No abstract provided.

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren L. Hutchinson

Faculty Articles

This Essay addresses two important issues related to the task of unveiling and challenging the institutional nature of anti-gay bias. In Part II, this Essay explains in greater detail how a structural analysis of judicial bias can lead to a richer understanding of subordination by uncovering the subtle, hidden, and ideological roots and manifestations of oppression. Part III argues that law and sexuality scholars must conduct a multidimensional reading of judicial heterosexism- that is, in order to appreciate fully the structural dimensions of judicial bias against gay, lesbian, bisexual, and transgender individuals, we must recognize that this bias exists as …

Women, Poverty, Access To Health Care, And The Perils Of Symbolic Reform, Mary Anne Bobinski, Phyllis Griffin Epps

Faculty Articles

This article looks at health care through gendered eyes. We sift though available data on access to health care, health status, and health treatments to determine whether men and women experience health care differently in the United States. While we do not doubt that overt gender-based discrimination occasionally occurs in health care, this article focuses on the importance of unintended consequences and unconscious bias. We also explore the impact of symbolism about women's roles on the process of health care reform. The results have important implications for policy makers, advocates, and health care providers.

The United States has a large …

Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing, Jamin B. Raskin, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

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 …

Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth

Scholarly Works

Gender is a constant struggle. Throughout our lives, we contend with multiple unstable and oppositional social constructions of gender, or hierarchies of masculinities and femininities. Knowing, or trying to know, who is male and who is female, and how men and women should act, is a major part of the structure of our identities, our societies, and our democracy. These gender questions are not separate from race or class; together for example, they shape what is expected of a poor young White man or a middle-class, African American grandmother. Racialized and class-based, gender helps to tell us who is frightening, …

Feminist Legal Writing, Kathryn M. Stanchi

Scholarly Works

To lay the groundwork for the exploration of feminist legal writing, this Article first summarizes the traditions and conventions of persuasion and persuasive writing-how they are characterized in law and how they are taught in law school. It then summarizes a type of language in linguistic theory called "antilanguage," which is language created by groups in society that are outcasts or otherwise excluded from the dominant social class to rebel against the dominant class. Analyzing several pieces of feminist legal scholarship that use unconventional writing techniques, this Article identifies a type of feminist legal antilanguage. This feminist legal antilanguage uses …

Law As A Reflection Of Her/His-Story: Current Institutional Perceptions Of, And Possibilities For, Protecting Transsexuals' Interests In Legal Determinations Of Sex, Jody L. Madeira

Articles by Maurer Faculty

No abstract provided.

Law's Constitution: A Relational Critique, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

It is a simple fact: we begin from others. Without others we, quite literally, could not live, feel, be born. Every mother, every mother's partner, every father, every child, knows this. But law sees these relations as something lesser, as foreign. Mention the word "relationship" to the average lawyer and she will likely assume that you are talking about sex, dating, or perhaps marriage. She may even wonder what "relationship" has to do with the law at all.

In this paper, the author wonders whether it is possible to flip that equation, to think of the relational as central, rather …

Procedural Justice: Tempering The State’S Response To Domestic Violence, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Part I of this Article documents the recent legal reforms implemented on behalf of battered women in the criminal and civil justice systems. These include warrantless arrest, mandatory arrest laws, and no-drop prosecution policies, as well as civil protection order statutes and statutory modifications recommended by the Model State Code on Domestic and Family Violence. Part II describes the ways in which these reforms have improved the state's responsiveness to victims, yet simultaneously entailed serious costs by diminishing batterers' perceptions of procedural justice. Part III defines the building blocks of procedural justice and reviews the social science data demonstrating its …

Women's Experiences Of The Workers' Compensation System In Queensland, Australia, Jo Calvey

Theses: Doctorates and Masters

This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why …

Table Of Contents - Cardozo Women's Law Journal, Vol. 8, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Immigration Sponsorship Rights For Gay And Lesbian Couples: Defining Partnerships, Desiree Alonso

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the passage of the Permanent Partners Immigration Act (PPIA) to address the inequality faced by same-sex couples in U.S. immigration law. It argues that the PPIA would provide a parallel system allowing same-sex partners to sponsor each other for immigration without challenging the traditional definition of marriage under the Defense of Marriage Act (DOMA). The note emphasizes the importance of recognizing same-sex partnerships to uphold the principle of family reunification and equality.

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 9 (2002-03)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Ruth Bader Ginsburg And Gender Equality: A Reassessment Of Her Contribution, Melanie K. Morris

Cardozo Journal of Equal Rights & Social Justice

The article examines Ruth Bader Ginsburg's contributions to gender equality through her work as a scholar, advocate, and jurist, highlighting her strategic use of incrementalism and judicial restraint. Ginsburg advocated for strict scrutiny of sex-based classifications but settled for intermediate scrutiny, emphasizing the importance of strong remedies to advance gender equality.

How Should Legislation Deal With Children As The Victims And Perpetrators Of Cyberstalking?, Kimberly Wingteung Seto

Cardozo Journal of Equal Rights & Social Justice

The note argues that current federal and state laws are inadequate to address the growing issue of cyberstalking, particularly due to outdated legal standards and the unique challenges posed by online anonymity. It emphasizes the vulnerability of children to cyberstalking and advocates for legal reforms, increased penalties, and improved education for parents and law enforcement to effectively combat this issue.

Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.

Address, Cardozo Women's Law Journal Most Influential Woman In The Law Award, Mary Jo White

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the progress and challenges faced by women in the legal profession, emphasizing the importance of equal opportunity and the need to redefine success beyond traditional metrics. While significant strides have been made since the late 19th century, when women first gained access to the legal profession, disparities persist in representation and recognition at the highest levels. The author, drawing on her experiences as the first woman to serve as U.S. Attorney for the Southern District of New York, argues that women must continue to advocate for greater representation and challenge societal norms while preserving their unique …