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Law and Gender Commons™

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2006

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 267

Full-Text Articles in Law and Gender

From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer Jan 2006

From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer

Cardozo Journal of Equal Rights & Social Justice

The article argues that popular movies like Legally Blonde and Miss Congeniality perpetuate harmful gender stereotypes by depicting women as needing to conform to traditional notions of femininity or masculinity to succeed in male-dominated professions. These portrayals contradict the protections provided by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The article contends that such films send the wrong message by suggesting women must change themselves to fit societal expectations rather than challenging those expectations.

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The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma Jan 2006

The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma

Human Rights Brief

No abstract provided.

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Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum Jan 2006

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this article examines Parity's strangeness to United States observers. United States sex discrimination law ignores political representation issues. United States voting rights law contains no provisions for gender inequality. Most importantly, leading United States thinkers of all stripes roundly reject quotas. Part II details the Parity debate and its relationship to French democracy. The democracies of the United States and of France share Eighteenth Century Enlightenment origins. They also share some form of universalism (labeled “neutrality” in the United States by Cass Sunstein) establishing the equality of all citizens before the law. Parity serves as a good …

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No Penis, No Problem, Kay L. Levine Jan 2006

No Penis, No Problem, Kay L. Levine

Fordham Urban Law Journal

Over the past century and a half, the gendered essence of statutory rape has become deeply embedded in the purpose of the statute, extending its tentacles far beyond the statutory language, such that we can no longer extricate the male-on-female image from the formal law's requirements for prosecution. The reality of statutory rape is, however, far more complex than the traditional gender construct implies. Female sex abusers and male victims exist, in substantial numbers and varieties. Part I documents the statutory rape law's gendered essence, explaining the formal law's traditional gendered classification scheme, the Supreme Court's approval of that approach, …

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Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm Jan 2006

Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm

Fordham Urban Law Journal

This article explores whether motherhood may have any restorative effect on prostitution. Section I provides an overview of the crime of prostitution. It analyzes the underlying themes of autonomy, power, authority, and control, and considers whether prostitution is an example of the ultimate loss of these qualities, or an exercise of complete freedom and liberty in autonomy. Section II discusses how motherhood affects the life of a prostitute. It analyzes current social science research and studies and explores maternal responsibilities in terms of potential work interruption, new personal roles, and anxieties associated with the work/family/crime triad. It also considers the …

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Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna Jan 2006

Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna

Fordham Urban Law Journal

This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …

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The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell Jan 2006

The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell

Fordham Urban Law Journal

Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed de facto criminal perpetrators. However, drug use falls short of being prima facie evidence of intent to harm, particularly in social circumstances where drug-using economics are endemic. The cases in this article signal the limits of tolerance and the increasingly conditional nature of public welfare provision by raising the specter of a generation of urban mothers - and grandmothers - unable to care for their kids. These cases also reflect the policy-making role into which hospitals and the courts have stepped in the …

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Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport Jan 2006

Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport

Fordham Urban Law Journal

This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …

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Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith

Fordham Urban Law Journal

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery. Part II situates the sexual abuse of women in custody and women slaves in their historical context. Part II also charts the creation of the first penitentiaries in the United States and the "Reform Movement," led by Quaker women who were also involved in the abolition movement, and later in the suffrage movement. It further examines the impact that women's entry into male prisons as workers in the 1970s and 1980s - pursuant to Title VII - had on the sexual abuse of …

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Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib Jan 2006

Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib

Fordham Urban Law Journal

Previous studies of the national landscape around the death penalty for women have identified and analyzed past themes and issues.22 This Article brings the analysis current through 2005, beginning with a reprise of the conversations about gender bias and disparity in the death penalty system. It appears that female offenders have always been treated differently from male offenders in the death penalty system, sometimes for reasons that are easily justifiable but too often simply because of sex bias. The next section of this Article explores the current death penalty era, identifying those women who have been sentenced to death, those …

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Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling Jan 2006

Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling

Fordham Urban Law Journal

This article describes Pauline Nyiramasuhuko's role in the Rwandan genocide and her case before the International Criminal Tribunal for Rwanda (ICTR). It explores a woman's ability to be equally involved in atrocities by exploring Pauline's case. Her case challenges the myth than women, by their nature, are incapable of being warriors, and that somehow their roles as women and mothers prohibit them from planning or participating in depraved violence.

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Opening Address, Sheila W. Wellington Jan 2006

Opening Address, Sheila W. Wellington

Maryland Law Review

No abstract provided.

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Clogs In The Pipeline: The Mixed Data On Women Directors And Continued Barriers To Their Advancement, Lisa M. Fairfax Jan 2006

Clogs In The Pipeline: The Mixed Data On Women Directors And Continued Barriers To Their Advancement, Lisa M. Fairfax

Maryland Law Review

No abstract provided.

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Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs Jan 2006

Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs

Maryland Law Review

No abstract provided.

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Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen Jan 2006

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …

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A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto Jan 2006

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

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Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter Jan 2006

Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter

Michigan Journal of Gender & Law

Part I of this article will discuss domestic violence, explaining the dynamics of domestic violence in an effort to shed light on why it is so difficult for a battered woman to leave the abusive relationship. This understanding is necessary for a sensitive and informed decision-making process. This Part will also discuss the magnitude of the effect that domestic violence has on the workplace. Part II will discuss a company's potential legal liability for: (a) wrongfully terminating the employee-victim and (b) failing to protect other employees (including, perhaps, the employee-victim herself) if the company does not terminate the employee-victim and …

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Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross Jan 2006

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.

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Comments: Who Turned Out The Lights?: How Maryland Laws Fail To Protect Victims Of Domestic Violence From Third-Party Abuse, Anique Drouin Jan 2006

Comments: Who Turned Out The Lights?: How Maryland Laws Fail To Protect Victims Of Domestic Violence From Third-Party Abuse, Anique Drouin

University of Baltimore Law Review

No abstract provided.

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Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli Jan 2006

Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli

Maryland Law Review

No abstract provided.

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At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar Jan 2006

At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar

Maryland Law Review

No abstract provided.

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Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade Jan 2006

Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade

Maryland Law Review

No abstract provided.

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Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway Jan 2006

Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway

Maryland Law Review

No abstract provided.

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The Class Ceiling, Naomi Cahn, Michael Selmi Jan 2006

The Class Ceiling, Naomi Cahn, Michael Selmi

Maryland Law Review

No abstract provided.

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Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor Jan 2006

Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor

Maryland Law Review

No abstract provided.

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Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer Jan 2006

Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer

Maryland Law Review

No abstract provided.

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Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon Jan 2006

Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon

Maryland Law Review

No abstract provided.

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Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson Jan 2006

Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson

Maryland Law Review

No abstract provided.

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From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel Jan 2006

From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel

Maryland Law Review

No abstract provided.

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Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds Jan 2006

Coercion In California: Eugenics Reconstituted In Welfare Reform, The Contracting Of Reproductive Capcity, And Terms Of Probation, Janet Simmonds

UC Law SF Journal on Gender and Justice

In an era where courts are expanding the scope of a constitutionally protected right to privacy, it is hard to imagine that the exercise of that right is being legally perverted to promote eugenic ideals. This, however, is precisely what has been happening in the state of California. This Note explores how modern day policies and practices, such as the family cap component of welfare policy, the sale of the reproductive capacity of drug addicts, and prohibitions on procreation as a term of probation, are used to coerce women with regard to their reproductive decisions

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