Law and Gender Commons^™

Banned And Enforced: The Immediate Answer To A Problem Without An Immediate Solution, Alison W. Manhoff

Vanderbilt Journal of Transnational Law

India has banned the use of ultrasound technology to determine the sex of a fetus for more than a decade. Despite this ban, India's 2001 census showed that for every one thousand boys under the age of six there are only 927 girls. There is speculation that this striking gender imbalance is largely the result of the abortion of fetuses discovered to be female after a sex determination ultrasound or amniocentesis procedure. Traditionally, the desire not to have a female child is viewed as a consequence of the dowry system that is prevalent in India. Commentators often propose efforts to …

Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs

Cardozo Journal of Equal Rights & Social Justice

The note critiques the Children's Internet Protection Act (CIPA) and its implementation, arguing that while its intent to protect children from online pornography is laudable, the mandated use of Internet filters is flawed. The study demonstrates that current filtering technology often overblocks access to critical nonpornographic health information, particularly affecting vulnerable populations like teenagers seeking sexual health resources. The Supreme Court's ruling in United States v. American Library Association upheld CIPA, dismissing less restrictive alternatives, but the article contends that this approach may harm patrons by restricting access to essential information.

Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse

Faculty Articles

This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

Articles, Book Chapters, & Popular Press

This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.

Law's Nobility, Robin West

Georgetown Law Faculty Publications and Other Works

This article first aims to set out the feminist theory of Catharine MacKinnon as explicitly as possible and in a way that accounts for its incredible power. To strengthen MacKinnon's theoretical project, the article proposes some modifications to the original that are drawn from, in part, the critiques of queer theorists. The crucial departure proposed here concerns MacKinnon's "critique of desire," which in my view is deeply mistaken. Rather than distrusting the sexual desires of women as hopelessly polluted by subordination, we should be neutral -- neither critical nor confident -- regarding the degree to which our desires, if fulfilled, …

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Symposium: Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Toward A Feminist Revision Of Torts, Jennifer B. Wriggins

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Party Parity: A Defense Of The Democratic Party Equal Division Rule, Lisa Schnall

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Introduction To A Symposium Celebrating The Twentieth Anniversary Of The Feminism And Legal Theory Project, Pamela Bridgewater

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminist Legal Theory, Martha Albertson Fineman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Rethinking The Masculine Character Of The Legal Profession: A Case Study Of Female Legal Professionals And Their Gendered Life In Taiwan, Shu-Chin Grace Kuo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: A Broader Vision Of The Reproductive Rights Movement: Fusing Mainstream And Latina Feminism, Angela Hooton

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Feminist Theory And The Erosion Of Women's Reproductive Rights: The Implications Of Fetal Personhood Laws And In Vitro Fertilization, Lisa Mclennan Brown

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: "Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective , Deleso Alford Washington

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Pennsylvania State Police V. Suders, Leilani J. Hart

American University Journal of Gender, Social Policy & the Law

No abstract provided.

You May Never See Your Child Again: The Batterer's Visitation Rights To Protect Children From Future Abuse, Prentice L. White

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Gonzales V. United States Air Force: Should Courts Consider Rape To Be Incident To Military Service?, Elizabeth A. Reidy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Same Sex Marriage And Its Implications For Employee Benefits: Proceedings Of The 2005 Meeting Of The Association Of American Law Schools Sections On Employee Benefits, And Sexual Orientation And Gender Identity Issues, Maria O'Brien, Constance Hiatt, Shannon Minter, Teresa S. Collett

Faculty Scholarship

Professor Maria O'Brien Hylton*: Welcome to this session on "Same Sex Marriage and its Implications for Employee Benefits." I'm Maria Hylton and I will introduce our speakers and moderate the program.

Our first speaker is Constance Hiatt, who is a partner with the Hanson Bridgett law firm here in San Francisco. She represents mostly large employers and large employee benefit plans, including the State of California's 401(k) and 457 plans as well as the University of California's benefits office. So, she has extensive experience in the employee benefits area and she came to us, to me really, through several …