Law and Gender Commons^™

(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 …

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.

Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner

Law Faculty Scholarship

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.

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 …

Looking Back On Planned Parenthood V. Casey, Christina B. Whitman

Articles

Scholarship that tells us what is really at stake in the lives of people affected makes the law honest and responsive. Whether or not it directly shapes doctrine, this type of scholarship can capture imagination and influence judgment. The Michigan Law Review has published some of the best of this work: Yale Kamisar's articles on coerced confessions, Terry Sandalow's essay on affirmative action, Joe Sax and Phillip Hiestand's description of the emotional impact of living in a slum, Martha Chamallas and Linda Kerber's demonstration of how injuries that uniquely befall women have been dismissed as merely emotional wrongs, and, most …

"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.

Fretting In The Force Fields: Why The Distribution Of Social Power Has Proved So Hard To Change, Joan C. Williams

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya

Faculty Scholarship

Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny

Teaching A Professional Responsibility Course: Lessons Learned From The Clinic, Antoinette M. Sedillo Lopez

Faculty Scholarship

In teaching Ethics or Professional Responsibility, I want to do more than teach students the law of the course. While it is important that students become familiar with and able to navigate the rules of professional responsibility, my clinical teaching has helped me develop additional educational objectives that I believe will affect their lives as future lawyers. I categorize my objectives in a three-credit classroom professional responsibility course as three-fold: 1) teaching the law of lawyering; 2) exploring professionalism issues;20 and 3) critically examining the profession. I will discuss a few of my experiences teaching in the clinic and how …

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

Faculty Scholarship

No abstract provided.

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 …