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Law and Gender Commons™

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2006

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Institution
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Articles 181 - 210 of 267

Full-Text Articles in Law and Gender

The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers Jan 2006

The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers

Faculty Scholarship

No abstract provided.

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Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark D. Mcgarvie Jan 2006

Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark D. Mcgarvie

Law Faculty Publications

Few people in America in the 1790s considered women to be equal to men legally and socially. Believers in gender equality were even rarer among elite southern males who lived in a society that relied upon patriarchal authority and prescribed roles, behaviors, and attitudes for its social leaders. In this context, St. George Tucker's personal and judicial expressions of women's rights evince an unusually progressive perspective that places him in the vanguard of social and legal reform in the early republic. This directly rebuts Christopher Doyle's assertions in his examination of Tucker's commitment to gender equality and social reform. It …

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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

Scholarly Works

This Article is divided into three parts. Part I focuses on [Margaret Harris] Amsler and Part II addresses the second generation. Part III explores a question that was prompted by the second generation and that goes to the heart of this Symposium: Do women corporations professors damage their standing in the academic community by examining the interface between corporate law and gender?

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Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary Jan 2006

Incarcerated Men And Women, The Equal Protection Clause, And The Requirement Of “Similarly Situated”, Natasha L. Carroll-Ferrary

NYLS Law Review

No abstract provided.

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Letter From The Editor, Tasneem A. Shikari Jan 2006

Letter From The Editor, Tasneem A. Shikari

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Journal Of Law & Gender, Vol. 13 (2006–08) Jan 2006

Masthead - Cardozo Journal Of Law & Gender, Vol. 13 (2006–08)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman Jan 2006

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.

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A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin Jan 2006

A New Disease Born Every Minute: The Marketing Of Pathology And The Exploitation Of Gender-Based Insecurities And Sexuality To Sell Drugs, Elizabeth Lambdin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal Jan 2006

Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal

Cardozo Journal of Equal Rights & Social Justice

The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 3 Jan 2006

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford Jan 2006

Cultural, Economic And Legal Factors Underlying Trafficking In Thailand And Their Impact On Women And Girls From Burma, Christa Foster Crawford

Cardozo Journal of Equal Rights & Social Justice

The article examines the complex factors underlying human trafficking in Thailand, particularly focusing on the trafficking of women and girls from Burma. It argues that while Thailand has made efforts to address the issue, the root causes, including cultural attitudes, economic interests, and legal frameworks, remain unaddressed. The analysis highlights the shift in trafficking patterns from Thai women to Burmese migrants due to improved socio-economic conditions for Thai nationals and worsening conditions in Burma. The article emphasizes the need for comprehensive solutions addressing both supply and demand factors, including legal reforms and policy changes.

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Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun Jan 2006

The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun

Cardozo Journal of Equal Rights & Social Justice

The article examines the Clinton Administration's significant contributions to advancing women's rights, particularly through landmark legislation such as the Family and Medical Leave Act (FMLA) and the Trafficking Victims Protection Act (TVPA). These efforts, including the appointment of women to high office, reflect a cultural shift toward valuing women's roles and protecting them from exploitation. The TVPA, reauthorized under subsequent administrations, has had a lasting domestic and international impact in combating human trafficking and supporting victims. The article highlights the importance of legislative and judicial approaches in addressing violence against women and promoting gender equality.

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Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 2 Jan 2006

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 12, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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On Justitia, Race, Gender, And Blindness, Bennett Capers Jan 2006

On Justitia, Race, Gender, And Blindness, Bennett Capers

Faculty Scholarship

No abstract provided.

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Working In The Best Interest Of Children: Facilitating The Collaboration Of Lawyers And Social Workers In Abuse And Neglect Cases, Mary Kay Kisthardt Jan 2006

Working In The Best Interest Of Children: Facilitating The Collaboration Of Lawyers And Social Workers In Abuse And Neglect Cases, Mary Kay Kisthardt

Faculty Works

Working in the best interest of children in abuse and neglect cases is a daunting task for both lawyers and social workers. The legal system is inadequate to meet the myriad needs of children and families in crisis. Yet only under the authority of the legal system can social work and other mental health professions intervene in families on behalf of children. The juvenile court system has been buffeted historically by the competing values and methods of social work and law. The institution and its rules are still evolving today. This dynamic environment means that even if competition for "ownership" …

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Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit Jan 2006

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Faculty Works

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

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Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt Jan 2006

Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt

Faculty Works

The mission of the American Academy of Matrimonial Lawyers is "to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law, to the end that the welfare of the family and society be protected." The AAML Comission was charged to analyze, critically review and make recommendations consistent with the mission of the Academy. After considering all available sources of information the Commission concluded that there are two significant and related problems associated with the setting of spousal support. The first is a lack of consistency resulting in a perception of unfairness. From this flows …

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Doe V. Bell, Harley Abrevaya Jan 2006

Doe V. Bell, Harley Abrevaya

NYLS Law Review

No abstract provided.

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The Failure Of Innocent Spouse Reform, Richard C.E. Beck Jan 2006

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

NYLS Law Review

No abstract provided.

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Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Saftey, Angelica Chazaro, Jennifer Casey Jan 2006

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Saftey, Angelica Chazaro, Jennifer Casey

UC Law SF Journal on Gender and Justice

A decade after the 1996 Peace Accords that marked the end of the 36-year internal armed conflict, Guatemala fails to provide basic protection of women's human rights. The plight of asylumseeker Rodi Alvarado and the spiked increase in the murders of Guatemalan women ("femicides") highlight the scope of Guatemala's lack of protection for women. After suffering ten years of brutal domestic violence, with the authorities ignoring her pleas for protection, Rodi fled Guatemala, seeking asylum in the United States. She is not alone in her suffering. Since 2001, over 1,500 women have been murdered in Guatemala, with the perpetrators enjoying …

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Networks And Narratives: An Exploration Of Their Relationship And Potential For Understanding The Actual Experiences Of Women With Hiv/Aids, Purity N. Irungu Jan 2006

Networks And Narratives: An Exploration Of Their Relationship And Potential For Understanding The Actual Experiences Of Women With Hiv/Aids, Purity N. Irungu

Theses: Doctorates and Masters

This study set out to examine literature relating to social network theory and narrative theory in order to explore how their potential connection could be used in future to understand and improve the actual life-experiences of women infected by the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). The thesis was done entirely by library research using secondary sources but is original in its intent. It includes a critical examination of some of the work of earlier researchers, including Lockhart's (2000) anthropological study of the social construction of `risk' of AIDS in urban Tanzania. Much previous research studied …

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The Obstacles In Women's Pathway To Principalship, Mahshid Pirouznia Jan 2006

The Obstacles In Women's Pathway To Principalship, Mahshid Pirouznia

Theses: Doctorates and Masters

The research problem is to investigate the obstacles of women seeking the principalship in public education; and also to explore major changes of different obstacles to women's principalship because women's roles have changed over time. Different obstacles in women's pathway to principalship are: low self-image; lack of encouragement; myths about women's work; sex stereotyping; lack of aspiration; role conflict; low self-esteem; family responsibilities; lack of mobility; and hiring and promoting practices. The research questions are: 1. what are the barriers for women who did not obtain a principalship or assistant principalship. 2. what are the barriers for women who obtained …

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Women’S Representation On The Courts In The Republic Of South Africa, Ruth B. Cowan Jan 2006

Women’S Representation On The Courts In The Republic Of South Africa, Ruth B. Cowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken Jan 2006

Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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Latcrit At Ten Years, Margaret E. Montoya Jan 2006

Latcrit At Ten Years, Margaret E. Montoya

Faculty Scholarship

No abstract provided.

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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

Faculty Scholarship

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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Gendered Subjects Of Transitional Justice, Katherine M. Franke Jan 2006

Gendered Subjects Of Transitional Justice, Katherine M. Franke

Faculty Scholarship

Transitional societies must contend with a range of complex challenges as they seek to come to terms with and move beyond an immediate past saturated with mass murder, rape, torture, exploitation, disappearance, displacement, starvation, and all other manner of human suffering. Questions of justice figure prominently in these transitional moments, and they do so in a dual fashion that is at once backward and forward looking. Successor governments must think creatively about building institutions that bring justice to the past, while at the same time demonstrate a commitment that justice will form a bedrock of governance in the present and …

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The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm Jan 2006

The Architecture Of Inclusion: Advancing Workplace Equity In Higher Education, Susan Sturm

Faculty Scholarship

The path to workplace'equality has become a difficult one to navigate. No one can safely rely upon the strategies developed in the 1960s and 1970s to integrate workplaces. Employers face legal and political challenges both for failing to diversify their workplaces and for diversity efforts to overcome that failure. Civil rights and women's rights advocates battle to hold on to the litigation victories of the past, even as they acknowledge judicial remedies' shrinking availability and limited efficacy in addressing many aspects of current-day equality. Anti-discrimination regulators contend with inadequate resources to carry out their traditional enforcement activities, as well as …

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Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro Jan 2006

Getting Away With Murder: Guatemala's Failure To Protect Women And Rodi Alvarado's Quest For Safety, Angélica Cházaro

Articles

This report examines the underlying conditions that cause women like Rodi to flee their home countries and seek protection elsewhere. The report starts with a description of the circumstances that led Rodi to leave Guatemala. It then analyzes the widespread violence against and murders of women in Guatemala, specifically focusing on the number of murders, the victims, the brutality of the crimes, the context in which they occur, and the theories behind the murders. It next looks to the aspects of the Guatemalan legal and judicial systems that render women vulnerable to violence and then fail to protect them. It …

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