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Law and Gender Commons

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2006

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Institution
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Articles 91 - 120 of 267

Full-Text Articles in Law and Gender

Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli Feb 2006

Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli

Cardozo Law Review

No abstract provided.


Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum Feb 2006

Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum

Cardozo Law Review

No abstract provided.


Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin Jan 2006

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …


Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger Jan 2006

Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger

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

No abstract provided.


Violence Against Women: An Obstacle To Equality, Sheila Dauer Jan 2006

Violence Against Women: An Obstacle To Equality, Sheila Dauer

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

No abstract provided.


Failed Lessons Of History: The Predictable Shortcomings Of The Partial-Birth Abortion Ban Act, Nancy Kubasek, Daniel Tagliarina Jan 2006

Failed Lessons Of History: The Predictable Shortcomings Of The Partial-Birth Abortion Ban Act, Nancy Kubasek, Daniel Tagliarina

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

No abstract provided.


Foreword, Paula A. Monopoli Jan 2006

Foreword, Paula A. Monopoli

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

No abstract provided.


Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow Jan 2006

Fair Use And The Fairer Sex: Gender, Feminism, And Copyright Law, Ann Bartow

Law Faculty Scholarship

Copyright laws are written and enforced to help certain groups of people assert and retain control over the resources generated by creative productivity. Because those people are predominantly male, the copyright infrastructure plays a role, largely unexamined by legal scholars, in helping to sustain the material and economic inequality between women and men. This essay considers some of the ways in which gender issues and copyright laws intersect, proposes a feminist critique of the copyright legal regime which advocates low levels of copyright protections, and asserts the importance of considering the social and economic disparities between women and men when …


Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas Jan 2006

Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas

McGeorge Law Review

No abstract provided.


Gender And Constitutional Design, Paula A. Monopoli Jan 2006

Gender And Constitutional Design, Paula A. Monopoli

Faculty Scholarship

Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …


Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow Jan 2006

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow

Faculty Publications

John Wertheimer, the author of “Gloria’s Story,” has produced a complex and absorbing text that skillfully guides the reader through the microhistory of Gloria’s concubinage to an enhanced appreciation of the greater legal, social, and institutional forces at play in mid-twentieth century Guatemala. Using Gloria’s story to shift into more general observations about law and society in Guatemala, Wertheimer states that laws can “affect behavior by establishing incentives and disincentives for different types of action and by reinforcing or undermining different values.”1 Wertheimer reads the legal records involving Gloria and her family to write her story from the dominant critical …


Bringing Women In: Global Strategies For Gender Parity In Political Representation, Yvonne Galligan Jan 2006

Bringing Women In: Global Strategies For Gender Parity In Political Representation, Yvonne Galligan

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

No abstract provided.


Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza Jan 2006

Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza

Faculty Scholarship

No abstract provided.


Spring 2006, Issue No.2 Jan 2006

Spring 2006, Issue No.2

ADVANCE Library Collection

No abstract provided.


Women And Microfinance: Why We Should Do More, Elissa Mccarter Jan 2006

Women And Microfinance: Why We Should Do More, Elissa Mccarter

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

No abstract provided.


Put Me In Coach!: Title Ix Has Taken Female Athletes Off Of The Sidelines And Into The Game, But How Can Current Progress Be Advanced In The Future?, Jennifer Passannante Jan 2006

Put Me In Coach!: Title Ix Has Taken Female Athletes Off Of The Sidelines And Into The Game, But How Can Current Progress Be Advanced In The Future?, Jennifer Passannante

Women’s Law Forum (2000-2006)

Title IX was originally promulgated to establish equal opportunity for both men and women in federally funded programs. Although it was originally enacted for much broader purposes, Title IX is still considered the single most important piece of legislation promoting equal opportunities for females in interscholastic and intercollegiate athletics. Unfortunately, despite Title IX, women still lag behind men in nearly "every measure of collegiate athletic equality." This article will focus specifically on Title IX's progress to date in creating athletic opportunities for women, its inadvertent consequences affecting male athletes, and means of achieving increased success in the future. Part II …


Casenote: Turn To Face The Change: The Sixth Circuit Court Of Appeals Requires Michigan High School Athletic Association To Change Scheduling Practices Because Of Gender Discrimination In Communities For Equity V. Michigan High School Athletic Ass’N., Inc, Ryan Fandetti Jan 2006

Casenote: Turn To Face The Change: The Sixth Circuit Court Of Appeals Requires Michigan High School Athletic Association To Change Scheduling Practices Because Of Gender Discrimination In Communities For Equity V. Michigan High School Athletic Ass’N., Inc, Ryan Fandetti

Women’s Law Forum (2000-2006)

Recently, there has been an array of legal challenges to the scheduling of sports seasons by high school athletic associations. These challenges are based on the argument that traditional schedules discriminate based upon gender. One particular legal battle concerning athletic scheduling is currently being fought in Michigan in Equity v. Michigan High School Athletic Ass’n., Inc, 377 F.3d 504 (6th Cir., 2004). This note will track their legal battle over the sports seasons in Michigan, and critique the recent Sixth Circuit decision affirming a district court ruling for CFE. Part two of this note will focus on the facts of …


Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld Jan 2006

Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld

Law Publications

No abstract provided.


Denial, Antoinette M. Sedillo Lopez Jan 2006

Denial, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.


Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya Jan 2006

Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya

Faculty Scholarship

No abstract provided.


Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger Jan 2006

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger

Fordham Urban Law Journal

This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.


Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker Jan 2006

Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker

The Modern American

No abstract provided.


Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar Jan 2006

Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield Jan 2006

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.


Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona Jan 2006

Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona

UIC Law Review

No abstract provided.


No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness Jan 2006

No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness

UIC Law Review

No abstract provided.


If You Love Me Dear, Please Sign Here: Will The "Love Contract" Play A Role In Protecting Employers From Sexual Harassment Liability?, 40 J. Marshall L. Rev. 311 (2006), Jessica Lynn Mok O'Neill Jan 2006

If You Love Me Dear, Please Sign Here: Will The "Love Contract" Play A Role In Protecting Employers From Sexual Harassment Liability?, 40 J. Marshall L. Rev. 311 (2006), Jessica Lynn Mok O'Neill

UIC Law Review

No abstract provided.


Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas Jan 2006

Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas

Michigan Journal of Gender & Law

This Article explores the reconceptualization of domestic violence in India through an analysis of the economic abuse provision of the recently passed Domestic Violence Act. The author argues that although India has taken a significant step towards advancing women's rights by characterizing economic abuse as a form of domestic violence, effective implementation of the law requires a broad interpretation of the economic abuse provision. To be consistent with the purpose of the statute and India's constitutional and international human rights obligations, "economic abuse" must be interpreted broadly to include the deprivation of a woman's control over her economic resources. Economic …


Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Looking At Trafficking Through A New Lens, Nilanjana Ray Jan 2006

Looking At Trafficking Through A New Lens, Nilanjana Ray

Cardozo Journal of Equal Rights & Social Justice

The article critiques existing frameworks for understanding and combating human trafficking, arguing that they are overly narrow and fail to address the root structural causes of trafficking, such as poverty, inequality, and lack of opportunities. It advocates for a more comprehensive approach that considers trafficking as a symptom of broader societal and economic issues, requiring global action to address these underlying conditions.