Law and Gender Commons^™

Custody And Visitation: Considerations For Every Attorney Retained By A Survivor Of Domestic Violence, Caitlin Glass, Tamara Kuennen, Sharon Lopez

Sturm College of Law: Faculty Scholarship

Legal representation is a critical tool for survivors of domestic violence to live free from their battering partners. Representation in custody and visitation matters-- integral issues in the separation context--is particularly consequential for survivors. First, studies of custody litigation indicate that fathers who battered the mothers of their children are twice as likely to seek sole physical custody as are nonviolent fathers. Batterers are as likely as nonbattering fathers to prevail. Since the 1970s, fathers in general have been at a marked advantage in custody disputes. Second, custody and visitation claims involve a complex array of legal issues, laws, practices, …

Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma

Human Rights Brief

No abstract provided.

Title Vii Retaliation, A Unique Breed, 36 J. Marshall L. Rev. 925 (2003), David Anthony Rutter

UIC Law Review

No abstract provided.

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.

Righting The Canoe: Title Ix And The Decline Of Men's Intercollegiate Athletics, 37 J. Marshall L. Rev. 257 (2003), Andrew J. Boyd

UIC Law Review

No abstract provided.

Lawyers And Domestic Violence: Raising The Standard Of Practice, John M. Burman

Michigan Journal of Gender & Law

Lawyers and judges should be the vanguard of those working to end domestic violence and mitigate its effects, yet they are not. This article is an attempt to change that. It strives to shed some light on the profound effect domestic violence has on law and law practice, as well as the profound effect lawyers and the legal system can have on domestic violence. Part II of this article demonstrates the extent and pervasiveness of domestic violence. Part III describes how domestic violence will affect a lawyer's practice. Part IV provides guidance on what a lawyer should do to determine …

Covering Women And Violence: Media Treatment Of Vawa's Civil Rights Remedy, Sarah F. Russell

Michigan Journal of Gender & Law

This Article analyzes how newspapers described and characterized the civil rights provision over the past decade and shaped the public discourse about the law. The author examines how lower federal courts, and eventually the Supreme Court, categorized the VAWA remedy when deciding whether Congress had acted within its commerce powers. After considering why there may have been resistance in the press and in the courts to VAWA's categorization of violence against women as a civil rights issue, the author concludes by examining the remedies that have been introduced at the state and local level for victims of gender-motivated violence, and …

A Woman's Climb Up The Law School Ladder, Autumn Mesa

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges women face in law school, arguing that the hierarchical and male-dominated structure of legal education creates significant barriers for female students. It contends that women are disproportionately affected by the competitive and often hostile environment, which can lead to feelings of alienation, lower self-esteem, and a struggle to maintain their unique perspectives. The author advocates for systemic change in legal academia to create a more inclusive environment that values diversity and supports female success.

Defining Feminism, Defining Feminisms, Reginald Oh

Cardozo Journal of Equal Rights & Social Justice

The article argues that the struggle for liberation and recognition of subordinated groups, including women and racial minorities, hinges on their ability to define their own realities and experiences. It emphasizes the importance of moving beyond oppressive frameworks that treat individuals as objects ("I-It" relationships) and toward mutual recognition and respect ("I-Thou" relationships). The author advocates for inclusive feminist theories that account for diverse experiences and reject essentialism, promoting a multidimensional understanding of subordination and liberation.

Sexism Is A "Family Value", Kimberly Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.

Hockey-Boys, Ice Princesses, Gender Values & The Practice Of Equality, Karin Grahn

Cardozo Journal of Equal Rights & Social Justice

The article explores the persistence of gender inequalities in traditionally male-dominated fields, drawing parallels between law and sports. It highlights how gender values and norms perpetuate disparities, even in female-dominated activities like figure skating, despite formal commitments to equality. The author argues that while structural changes have increased women's participation, qualitative equality remains elusive due to entrenched male norms and values.

Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds

Faculty Scholarship

This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …

Cedaw: It’S Old, It Doesn’T Work, And We Don’T Need It, Lester Munson

Human Rights Brief

No abstract provided.

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.

Book Review: Decreeing Women's Equality: Using Women's History To Create Legal Parity, Denise D. J. Roy

Faculty Scholarship

This article critiques the feminist view Ute Gerhard offers in “Debating Women's Equality: Toward a Feminist Theory of Law from a European Perspective”. Throughout Debating Women's Equality, Gerhard appears to have three ambitious objectives in mind: (1) to decry the paucity of research into women's legal history while beginning to do the needed work, focusing primarily on Germany but also broadly exploring European trends, (2) to demonstrate that German/European women's legal history ultimately vindicates reliance on “equal rights” as a political strategy for women, and (3) to develop an understanding of legal equality that can serve as a meaningful tool …

Un/Braiding Stories About Law, Sexuality And Morality, Margaret E. Montoya

Faculty Scholarship

Traditional doctrine insists that we tame sexual desire by pretending that goodness and Godliness is defined by celibacy and abstinence, but the Church is simply wrong to insist that we accept a theology that negates and silences and suppresses a central part of our lives. To the extent that we believe in a life after death, many of us have won a chance at Heaven not by denying and suppressing our sexuality but by struggling to develop our capacity to experience joy through sexual desire and to honor the responsibility of not generating misery for ourselves and others through that …

Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan

Cardozo Journal of Equal Rights & Social Justice

The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.

Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo

Faculty Scholarship

No abstract provided.

Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal

Faculty Scholarship

No abstract provided.

Bringing Your Part Time Policy Up To Par, Joan C. Williams

Faculty Scholarship

No abstract provided.

The Healing Presence Of Clients In Law School, Angela Mccaffrey

William Mitchell Law Review

William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …

In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr

William Mitchell Law Review

[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.

Defining Feminism, Defining Feminisms, Reginald Oh

Law Faculty Articles and Essays

Oh argues that feminists urgently need to define Feminism and to construct feminist theories that validate and affirm the truth of women's lived experience, in all their multiplicity and diversity. Because feminist theories are forged through the diverse experiences of differently situated women, it is respectfully suggested that the title of this Chapter may and can be seen as the call to define Feminism and Feminism(s). Defining feminism(s) means, in spirit of the "I-Thou" relationship, being mindful and respectful that individual Feminists will define Feminism in alignment with the truth of their unique experience, in alignment with the truth of …

‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Building Bridges V—Cubans Without Borders: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol

UF Law Faculty Publications

Part I of this Essay traces the role of women in Cuban society throughout history. It includes a review of the development of Cuban laws concerning women, and women's role in developing them. This Part also addresses laws pertaining to women that were adopted by the present revolutionary regime. Part II sets out laws, beyond the laws of Cuba, that address the issue of gender/sex equality. It focuses on international norms that protect sex equality pertinent to women in Cuba as well as to Cuban women outside of Cuba. It also reviews U.S. laws on equality as they affect Cuban …

Feminist Legal Scholarship: Charting Topics And Authors, 1978-2002, Laura A. Rosenbury

UF Law Faculty Publications

In their call for papers, the organizers of the Columbia Journal of Gender and Law’s Spring 2003 symposium “Why a Feminist Law Journal?” posed several questions, including: "Are feminist law journals a victim of their own success? Have they outlived their usefulness?" and "What is the state of feminist legal scholarship today? What constitutes feminist scholarship?" As a new member of the legal academy, my answers to their questions depend on answers to two more basic questions: What has been published in feminist law journals? And, how do those articles relate to feminist articles published in non-specialty, or flagship, law …

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect …