Law and Gender Commons^™

Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Intersection Between Domestic Violence And The Child Welfare System: The Role Courts Can Play In The Protection Of Battered Mothers And Their Children, Linda Quigley

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The First Women Lawyers: "Piecemeal Progress And Circumscribed Success", Mary Jane Mossman

Osgoode Hall Law Journal

This paper explores the context in which women gained admission to the bar at the end of the nineteenth century, discusses the stories of some of the first women lawyers in different parts of the world, and reflects on their challenges and choices as members of the legal professions.

The Social Significance Of The World's First Women Lawyers, Fiona M. Kay

Osgoode Hall Law Journal

No abstract provided.

Birds Of An Illegal Feather: Prostitution And Paid Pornography Should Be Criminalized Together, Zachary David Streit

Cardozo Public Law, Policy & Ethics Journal

The note argues that prostitution and paid pornography should be criminalized together under the same legal framework. Both activities are criticized for their harmful effects, including the objectification and exploitation of women, as well as contributing to social ills such as disease and violence. The author advocates for the use of existing prostitution laws to prosecute those involved in pornography, arguing that this approach is legally sound and would help reduce the negative impacts of both industries.

More Women On Corporate Boards? Not So Fast, Jayne W. Barnard

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes

All Faculty Scholarship

At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.

Finding The Fastest Way To Her Heart: Linking Clinical And Policy Pathways, Paula Johnson, Brian R. Schuetz, Shelley M. Stark, Dora Tovar

New England Journal of Public Policy

The Mary Horrigan Connors Center for Women’s Health and Gender Biology at Brigham and Women’s Hospital in Boston, integrates research, clinical practice, and policy analysis with practical application to emerging women’s health issues. Recently, an interdisciplinary team of practitioners examined pathways to improving women’s heart health. Beginning with the evidence that a heart-healthy diet leads to improved health outcomes for women with cardiovascular disease, the Connors Center team charted a course of intellectual exploration that culminated in a broader community dialogue on how to improve access to healthy and affordable food. Through clinical experiences, research activities, and an ongoing interchange …

Putting Your Eggs In Someone Else's Basket: Inserting Uniformity Into The Uniform Parentage Act's Treatment Of Assisted Reproduction, Kira Horstmeyer

Washington and Lee Law Review

No abstract provided.

Daughters Of The Nile: The Evolution Of Feminism In Egypt, Mohamed Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Brief For Pb&J, Family Services, Inc. As Amicus Curiae, Antoinette M. Sedillo Lopez, Iris Augusten, Deana M. Bennett, Amber Chavez, Kimberly Halpain, Leigh K. Haynes, Cody Lujan

Faculty Scholarship

PB&J, Family Services, Inc., through this brief as amicus curiae, has demonstrated that the decision rendered by the Court of Appeals was correct. The New Mexico Legislature did not draft NMSA 1978, § 36-6-1(D) (1973) to encompass the situation of a pregnant woman using drugs or alcohol during pregnancy. The Legislatures failure to pass legislation specifically criminalizing such conduct after careful consideration indicates that the Legislature did not intend for the statute to be so broadly construed. This is particularly true when considering the fiscal impact reports accompanying the proposed legislation. This decision by the Legislature is consistent with sound …

Cold Comfort Pharmacy: Pharmacist Tort Liability For Conscientious Refusals To Dispense Emergency Contraception, Kristen Marttila Gast

ExpressO

The past several years have seen an increasing number of pharmacists refuse to dispense emergency contraception, an effective, post-coital form of contraception, on the grounds that the drug violates their personal beliefs. This Article addresses the impact of those pharmacist refusals under existing principles of tort law. The Article draws on existing pharmacy case law, state-specific refusal clauses, and ethics statements promulgated by professional pharmacy associations to investigate whether pharmacists have a legal duty to dispense emergency contraception, notwithstanding religious or ethical objections. Concluding that in most states, such a legal duty does exist, the Article develops a “wrongful conception” …

The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards Of Reproductive Healthcare, Sabrina E. Dunlap

ExpressO

Under 10 U.S.C. Section 1093, women in the military cannot obtain abortion services in military hospitals even if they use their own funds. Women who are stationed abroad are forced to search for services elsewhere in the foreign country in which they are stationed, facing cultural barriers, language barriers, difficult travel arrangements and high costs. In the last ten years, clear standards of reproductive health emerged at an international level, with women’s health being the center of the International Conference on Population and Development, and the Fourth World Conference on Women, among others. The United States is simultaneously encouraging developing …

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

ExpressO

As Title IX celebrates its 35th anniversary, many have noted the positive impact it has had on women sports. But there is also an unintended (and oft-neglected) byproduct: as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the …

Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria

Scholarly Articles in Law Reviews & Journals

The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), which President Against and Department Women Bush signed into law on January 5, 2006, built on the 1994 Violence Against Women Act (Title IV of the Violence Crime Control and Law Enforcement Act of 1994) and the 2000 Battered Immigrant Women Protection Act (part of the Victims of Trafficking and Violence Protection Act) by expanding immigration relief to new categories of crime victims.' In this article we discuss the eligibility requirements for VAWA self-petitioning, VAWA cancellation of removal, "U" interim relief for certain immigrant crime victims, …

Civil Unions And Choice Of Law: A Second Restatement Analysis Of Miller-Jenkins V Miller-Jenkins, Christina N. Lambe

ExpressO

At the end of 2000 Lisa and Janet Miller-Jenkins left their home state of Virginia and traveled to Vermont to enter into a civil union. Their union ended a few years later. Although their separation resulted in a bitter legal battle in both the Virginia and Vermont court systems neither state addressed whether the initial union was valid. This paper analyzes the civil union using the Second Restatement’s choice of law principles. This paper concludes that although the courts have continued to haggle over whether full faith and credit must be given to conflicting visitation orders the choice of law …

No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …

The Punishment Of Dixie Shanahan: Is There Justice For Battered Women Who Kill?, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Breaking Barriers And Ending The Gauntlet, Lauren Stiller Rikleen

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

No abstract provided.

Sex-Separation In Public Restrooms: Law, Architecture, And Gender, Terry S. Kogan

Michigan Journal of Gender & Law

This Article challenges the common assumption that legally mandated sex-separation of public restrooms is a benign recognition of natural anatomical differences between men and women. Relying on legal history, gender history, and architectural theory, my central thesis is that, contrary to common intuitions, there was nothing benign or gender neutral about the social and historical origins of the first laws adopted at the end of the nineteenth century that mandated such separation.

Breaking Barriers And Ending The Gauntlet, Lauren Stiller Rikleen

Women, Leadership & Equality

No abstract provided.

Margaret Brent - Maryland's First Female Lawyer, Pamela J. White

Women, Leadership & Equality

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

Women, Leadership & Equality

No abstract provided.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers' Rights, Elizabeth Keyes

Women, Leadership & Equality

No abstract provided.

Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen

Sturm College of Law: Faculty Scholarship

Part I of the essay reviews the work of activists and scholars who make the case that coercion is central to domestic violence, but notes that these scholars' conceptions of coercion are diverse. Part II describes the justice system's current responses to the impact of coercion on a victim's decision to drop a criminal or civil case. Part III exposes a number of challenges inherent in measuring the impact of a batterer's influence on a domestic violence victim's decision. Part IV describes the conceptual limitations of current judicial guidelines, and argues for a more nuanced conceptualization of coercion that accounts …

The Global Gag Rule: Implications For Feminism, Ngo Funding, And Women’S Global Health, Amanda L. Breeden

Graduate Research Papers

This research project examines the effects of the Mexico City Policy on feminism, non governmental organizations (NGOs) funding, and women's global health. The paper argues that the Mexico City Policy, also known as the Global Gag Rule, is a form of hegemonic discursive and cultural imperialism that silences women and NGO voices. In doing so, the policy decreases access to reproductive health care, increases the feminization of poverty, and removes reproductive decision-making from women.

The research maintains this argument through review of the literature surrounding this issue. This literature review includes an examination of the history of the U.S. policy …

The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery

Journal Articles

No abstract provided.

Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome

Campbell Law Review

This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.

Hitting The Legal Diversity Market Home: Minority Women Strike Out , Leeann O'Neill

The Modern American

No abstract provided.