Law and Gender Commons^™

The Joys Of Leading An Academic Department, Mos Kaveh

ADVANCE Library Collection

t is often said that being a professor is the best job and being a department head or chair is the toughest job in an academic institution. This observation stems from the fact that, particularly in U.S. research universities, faculty members have considerable freedom, outside of assigned teaching and service duties, to manage their own time and scholarly effort and directions. Meanwhile, department chairs operate in a buffer zone between deans and upper administration, faculty colleagues, students, and increasingly institutional and government regulators and alumni. This necessitates wearing many hats, as administrator, teacher, researcher, lawyer, entrepreneur, and juggling a multitude …

Energeia Advance, Mary Lynn Realff, Angela Shartar, Jean L. Shumway

ADVANCE Library Collection

No abstract provided.

On Campus With Women: Balancing Act

ADVANCE Library Collection

No abstract provided.

Brown’S Legacy: Looking Back, Moving Forward, Wilhelmina M. Wright

William Mitchell Law Review

This keynote speech was delivered at the Lena O. Smith Luncheon on May 7, 2004. Lena O. Smith was the first African-American woman to practice law in Minnesota. In 1921, she graduated from Northwestern College of Law, a predecessor of William Mitchell College of Law. See generally Ann Juergens, Lena Olive Smith: A Minnesota Civil Rights Pioneer, 28 Wm. Mitchell L. Rev. 397 (2001).

Family Leave Policies Trump States Rights: Nevada Department Of Human Resources V. Hibbs And Its Impact Of Sovereign Immunity Jurisprudence, 37 J. Marshall L. Rev. 599 (2004), Jana L. Tibben

UIC Law Review

No abstract provided.

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun

Michigan Journal of Gender & Law

Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …

Domestic Violence And The Jewish Community, Stacey A. Guthartz

Michigan Journal of Gender & Law

In Part I of this Article, Guthartz defines the problem of domestic violence as it relates to the Jewish community. Specifically, Jewish texts and history and community understanding and exposure, that contribute to Jewish domestic abuse are examined. In Part II, the author explores Jewish solutions to domestic violence by focusing on religious remedies, community pressure, and the use of civil law. In this Article, it is submitted that it is only through an understanding of the uniqueness of "Jewish" domestic violence by domestic violence and law enforcement organizations, coupled with an understanding about domestic violence within American society by …

Masthead - Cardozo Women's Law Journal, Vol. 11 (2004-05)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Spotlight: Response To Violence Against Women At The University Of Missouri At Columbia, Mary M. Beck

Faculty Publications

The University of Missouri (“MU”) sits in the picturesque college town of Columbia on the largest and oldest campus of the Missouri University system. MU is a land grant institution created with funds and land appropriated by the Morrill Acts of 1862 and 1890. The University “honors [that public trust] and accepts the associated accountability” by acquiring, creating, transmitting, and preserving knowledge. “MU's primary mission in research and doctoral education . . . provides the basis for service to the people of [Missouri] via outreach programs.” Domestic violence impacts MU's land grant influenced service mission. Its organizational departments, educational units, …

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Best Practices Checklist For Running A Faculty Search: From Identification Of Needs To Invitation To Interview

ADVANCE Library Collection

No abstract provided.

Using An “Incidents Of Marriage” Analysis When Considering Interstate Recognition Of Same-Sex Couples’ Marriages, Civil Unions, And Domestic Partnerships, Barbara Cox

Faculty Scholarship

Despite discussions for over ten years, we still do not have any decisions on interstate or international recognition of marriages by same-sex couples. We do have, however, six cases in the United States on the interstate recognition and validation of Vermont civil unions. In these six cases, same-sex couples from six different states who had entered into Vermont civil unions came to their courts seeking resolution of legal issues that arose in their relationships. The rest of this article now turns to these six decisions and considers how each court dealt with the same-sex couple seeking legal assistance with the …

Advocacy In Whispers: The Impact Of The Unsaid Global Gag Rule Upon Free Speech And Free Association In The Context Of Abortion Law Reform In Three East African Countries, Patty Skuster

Michigan Journal of Gender & Law

In 2001, President George W. Bush restricted the participation in democratic processes for non-governmental organizations (NGOs) abroad by reinstating a policy restricting family planning funding granted by the United States Agency for International Development (USAID). The restriction sharply curtailed the ability to speak and to associate freely for organizations working to preserve women's health and lives. For this reason, I refer to the restriction as the Global Gag Rule (GGR). Organizations in Uganda, Ethiopia, and Kenya had begun to identify the problems associated with their countries' restrictive abortion laws. In these three countries, as elsewhere in the world, illegal abortions …

Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone

Michigan Journal of Gender & Law

This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.

Aligning Or Maligning - Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum

UC Law SF Journal on Gender and Justice

The pending reauthorization of the Individuals with Disabilities Education Act (IDEA) alters the landscape of special education for parents and advocates of children with special needs. The proposed modifications are based on an effort to reduce the bureaucracy associated with the current procedural safeguards and to incorporate the concept of accountability embodied in the No Child Left Behind Act. Many advocates are waiting with apprehension for the final version of the bill due to the philosophical changes that it will bring to special education federal law. This article gives an overview of the pending legislation and urges advocates to adapt …

Introduction And Congratulations, Mary Kay Kane

UC Law SF Journal on Gender and Justice

No abstract provided.

The Criminalization Of Survival Attempts: Locking Up Female Runaways And Other Status Offenders, Alecia Humphrey

UC Law SF Journal on Gender and Justice

To control and help runaway children, courts have classified them as "status offenders" without getting to the real source of their runaway behavior, such as physical or sexual abuse at home. Instead, confining runaway children to the judicial system through the use of status offenses has further entrenched these runaways' behavior without helping them develop more effective copings skills; children often run away again, commit substantive crimes, once again become victims, or else are institutionalized or incarcerated on down the road. Indeed, girls are especially prone to this cycle, since their numbers are disproportionately higher than those of boys in …

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In The U.S. Academia, Carlo A. Pedrioli

UC Law SF Journal on Gender and Justice

Despite earning more than 40% of doctorates awarded in the United States, women hold one third of the tenure-track teaching positions in higher education. Moreover, the women who enter U.S. academia still earn less than their male counterparts. This article maintains that Title VII of the Civil Rights Act of 1964 offers an inadequate solution for encouraging the presence and equal standing of women in U.S. academia. This article presents the slow progress of equality in academia achieved by Title VII and the limitations of traditional rhetoric. It then offers models of faculty mentoring and introduces the concept of invitational …

Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn

UC Law SF Journal on Gender and Justice

Human Trafficking Private Right of Action: Civil Rights for Trafficked Persons in the United States addresses a 2003 addition to the Trafficking Victims Protection Act allowing for a private right of action for persons trafficked to the United States. The article discusses civil litigation as a strategy for trafficked persons to obtain a remedy that specifically addresses the injury that they sustained: enslavement. The discussion situates this remedy within the broader purposes of anti-trafficking legislation.

The Other "Sex" In Lawrence V. Texas, Paisley Currah

Cardozo Journal of Equal Rights & Social Justice

The article argues that while the Lawrence v. Texas decision was a landmark victory for sexual autonomy, it failed to address the state's ongoing role in regulating gender categories, leaving transgender individuals marginalized and legally vulnerable. The author emphasizes that the decision reinforced the state's ability to define and enforce binary sex categories, which perpetuates discrimination against transgender people. The article calls for a broader vision of sexual and gender freedom that challenges these regulatory systems.

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie J. Menkel-Meadow

Cardozo Journal of Conflict Resolution

What must be remembered and acknowledged before we can move forward to create a future together, whether individually or collectively? Or, as Avishai Margalit has recently put it, is there an ethics of memory - must some things be remembered; what can be forgiven or forgotten in a moral sense? I have long been worried about the emphasis in mediation to focus on the future, to seek ''solutions" to problems in which the parties are guided to "move forward," even while "reorienting the parties to each other," in crafting a more productive relationship. With the growing use and adaptation of …

Masculinities At Work, Ann C. Mcginley

Scholarly Works

This article focuses on the study of masculinities, a body of theoretical and empirical work by sociologists, feminist theorists and organization management theorists. This work, much of which employment law scholars have ignored, studies the role of masculinities, which are often invisible, in creating structural barriers to the advancement of many women and some men at work. Masculinities comprise both a structure that reinforces the superiority of men over women and a series of practices, associated with masculine behavior, performed by men or women, that aid men to maintain their superior position over women. In their less visible form, masculinities …

Mothers' Dreams: Abortion And The High Price Of Motherhood, Joan C. Williams, Shauna L. Shames

Faculty Scholarship

No abstract provided.

Capitalism And Freedom -- For Whom? Feminist Legal Theory And Progressive Corporate Law,, Kellye Y. Testy

Articles

Beginning at least in the 1980s, the version of corporate law and governance prevailing in the U.S. (as well as widely exported to other nations) was a radically privatized one, treating the corporation as a contractual arrangement for maximizing shortterm share price in a laissez faire global marketplace. Though many robust and varied social movements, many of which were bolstered by the 1999 WTO protests in Seattle, have been and are engaged in challenging this hegemony from many angles, few have found their way into corporate law reform. That is not to say, however, that there are no progressive legal …

Consent Engendered: A Feminist Critique Of Consensual Fourth Amendment Searches, Dana Raigrodski

Articles

As I will argue, the Court's consent-to-search cases are driven by this patriarchal ideology to maintain social structures of power disparities and to perpetuate the subordination of women, minorities, and other disempowered members of society.

We need to acknowledge the power and submission paradigm that underlies police-citizen encounters and to scrutinize the entire notion of consent. In order to confront both power and consent, I will turn to feminist critique of consent, particularly in the area of rape, and to feminist writings about choice and agency. Based on these writings I will argue that by distinguishing coerced consent to a …

Divorcing Marriage From Procreation – Goodridge V. Department Of Public Health Case, Jamal Greene

Faculty Scholarship

Public debate about same-sex marriage has spectacularly intensified in the wake of the Massachusetts Supreme Judicial Court's decision in Goodridge v. Department of Public Health. But amid the twisted faces, shouts, and murmurs surrounding that decision, a bit of old-fashioned common-lawmaking has been lost. Some have criticized the Goodridge court for its apparently result-oriented approach to the question of whether, consistent with the Massachusetts Constitution, the commonwealth may deny marriage licenses to same-sex couples. Others have defended the decision, both on the court's own rational basis terms and on other grounds, including sex discrimination and substantive due process. This …

"[N]Ot A Story To Pass On": Constructing Mothers Who Kill, Susan Ayres

UC Law SF Journal on Gender and Justice

Society is horrified and shocked when mothers kill their children. While this reaction may be justified, the reasons behind infanticide are never fully explored. Motherhood has very specific definitions in our society which makes it difficult to understand the motivations behind infanticide. Social institutions, such as the legal system and the media, are responsible for constructing motherhood in such a way that we view mothers who kill their children as simply insane and deficient. This article asserts another possible viewpoint regarding infanticide. Instead of specularizing women, the author urges people to view mothers who kill their children within the context …

The Voice Of The Unheard: An Evaluation Of And Proposed Solution To The Special Educational Needs Of Hearing Children Of Deaf Parents, Julie Ruschin

UC Law SF Journal on Gender and Justice

Spoken language acquisition depends on aural exposure to the language. A child must hear a language spoken. But more than this, the child must have the language directed at her in conversational context. Because spoken language acquisition requires something that may be beyond the capabilities of the State, and because language acquisition is an educational issue, the responsibility for providing a program to ensure that hearing children of deaf parents master spoken English rests on the State. The State should create programs to ensure that these children are properly exposed to spoken English during the brief period in life in …

Founder's Remarks Commemorating The 15th Anniversary, Deborah Kochan

UC Law SF Journal on Gender and Justice

No abstract provided.