Law and Gender Commons^™

Suffrage And The Terms Of Labor, Robert J. Steinfeld

Contributions to Books

Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.

Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …

Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey

Contributions to Books

Published as Chapter 12 in Gender Equality: Dimensions of Women's Equal Citizenship, Linda C. McClain & Joanna L. Grossman, eds.

This chapter links the failure of U.S. social citizenship ideals to a broader weakness in U.S. ideas citizenship. To better advance policies of economic equality, U.S. law and politics needs a stronger vision not just of economic equality, but of gender equality and of democracy in general. Feminist scholars have analyzed how ideas about gender help shape the common assumption that the costs of raising and sustaining capable, productive citizens are largely private family responsibilities. But ideas about gender also …

Feminist Theory And Freedom Of Speech, Free Speech Theory, Susan H. Williams

Indiana Law Journal

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.

A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos

Faculty Scholarship

Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use outcome-based' assessments, i.e., using learning objectives and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students' performances to each other.

(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why 'Separate' Nomenclature For Gay And Straight Relationships Will Never Be 'Equal', Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Constitutionalism And Secularism: The Need For Public Reason, András Sajó

Cardozo Law Review

No abstract provided.

Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik

Cardozo Law Review

No abstract provided.

Gender, Religion, Law, Marcela Iacub

Cardozo Law Review

No abstract provided.

Secular Constitutionalism Vindicated, Frances Raday

Cardozo Law Review

No abstract provided.

Acknowledgements, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Changing The Lebanese Constitution: A Postmodern History, John J. Donohue

Cardozo Law Review

No abstract provided.

The New Wall Of Separation: Permitting Diversity, Restricting Competition, Ran Hirschl, Ayelet Shachar

Cardozo Law Review

No abstract provided.

Uniforms And Veils: What Difference Does A Difference Make?, Leora Bilsky

Cardozo Law Review

No abstract provided.

Veiling And Women's Intelligibility, John Borneman

Cardozo Law Review

No abstract provided.

Abortion Across State Lines, Joseph W. Dellapenna

Working Paper Series

In this Article, I propose to analyze conflicts of law precedents and theory to explore the extent to which a state can apply its law on abortion to abortions performed outside the state but bearing a significant connection to the state. In attempting to resolve such questions, we enter into the domain of choice of law, part of the field of conflicts of law. This domain is notoriously unstable and contested. This instability allows legal commentators to project their attitudes towards abortion (and many other matters) in analyzing and construing the relevant authorities to resolve choice of law issues. I …

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.

Public Policy Platform On Flexible Work Arrangements

Published Reports

On May 13, 2009, Workplace Flexibility 2010 released a comprehensive set of policy solutions to expand Americans’ access to flexible work arrangements such as compressed workweeks, predictable schedules, and telecommuting.

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis - in a manner that is as manageable and predictable as possible for both employees and employers. FWAs provide:

• Flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., non-traditional start and end times, flex time, or compressed workweeks) and arrangements regarding overtime, predictable scheduling, and shift and break schedules; …

The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.

University of Richmond Law Review

No abstract provided.

The Beginning Of The Second Wave Of The Women's Movement And Where We Are Today: A Personal Account, Sonia Pressman Fuentes

Cornell Law Faculty Working Papers

The second wave of the women’s movement, which started in the early 1960s, revolutionized women’s legal rights in the U.S. and reverberated in the rest of the world. Ms. Fuentes, a founder of NOW (National Organization for Women) and the first woman attorney in the Office of the General Counsel at the EEOC (Equal Employment Opportunity Commission), discusses the beginning of this movement, her role in it, the changes that have occurred since then, and the problems that remain in the US and throughout the world today.

Harassment Handbook, Jovon Bell, Kevin Blanch, Vashon Broadnax, Dallas Cline, Candi Lee

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Harassment presents itself as a challenging annoyance, which most everyone will have to confront over a period of time. As defined by the Equal Employment Opportunity Commission, harassment is commonly transferred via some type of unwelcome communicated behavior, which includes discrimination (2007). There are several motives for which harassment can occur, including race, gender, religion, sexual orientation, and disability. Titles VI and VII of the Civil Rights Act of 1964, and Title IX of the Educational Amendments of 1972 are two federal discrimination laws that help protect residents of the United States from occurrences including both discrimination and harassment, that …

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.

Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Decades of research produced by multiple disciplines has documented withering rates of violence against women in the United States and around the globe. To further an understanding of gendered violence, a field of research has developed, but recent critiques have highlighted weaknesses that inhibit a full scientific exploration of these crimes and their impacts. This review extends beyond prior reviews to explore the field’s unique challenges, its community of scientists, and the state of its written knowledge. The review argues for moving beyond “research agendas” and proposes creation of a transdisciplinary science for the field of study of violence against …

Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Bountiful Voices, Angela Campbell

Osgoode Hall Law Journal

Common portrayals of Canada's only openly polygamous community cast it as a space frozen in time, both socially and intellectually. "Bountiful," British Columbia is a sixty-five-year-old community comprised of followers of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). Many residents espouse plural marriage as a central tenet of their faith, believing that the practice leads not only to a good terrestrial life but, also, to facilitated entry into the "celestial kingdom." Visual and written accounts of Bountiful routinely present the women of this community as submissive, silenced, and isolated. Their traditional dress, and the number of …

Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan

Nevada Law Journal

No abstract provided.

Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson

All Faculty Scholarship

Civil domestic violence laws do not effectively address and redress the harms suffered by women subjected to domestic violence. The Civil Protective Order (“CPO”) laws should offer a remedy for all domestic abuse with an understanding that domestic violence subordinates women. These laws should not remedy only physical violence or criminal acts. All forms of abuse — psychological, emotional, economic, and physical — are interrelated. Not only do these abuses cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy, but, as researchers have demonstrated, most domestic violence is the fundamental operation …

Bloodstains On A "Code Of Honor": The Murderous Marginalization Of Women In The Islamic World, Kenneth Lasson

All Faculty Scholarship

In the real world of the Twenty-first Century, deep biases against women are prevalent in much of Muslim society. Although there is no explicit approval of honor killing in Islamic law (Sharia), its culture remains fundamentally patriarchal. As unfathomable as it is to Western minds, "honor killing" is a facet of traditional patriarchy, and its condonation can be traced largely to ancient tribal practices. Justifications for it can be found in the codes of Hammurabi and in the family law of the Roman Empire. Unfortunately, honor killings in the Twenty-first Century are not isolated incidents, nor can they be regarded …

Marriage Or Liberation? Reflections On Two Strategies In The Struggle For Lesbian And Gay Rights And Relationship Recognition, Edward D. Stein

Articles

A great deal has changed about the legal and social situation for lesbians, gay men, bisexuals, and transgender (LGBT) people since the 1989 publication of Tom Stoddard and Paula Ettelbrick's dueling essays about how the quest for same-sex marriage fit into the larger struggle for LGBT rights. In 1989, twenty-four states and the District of Columbia criminalized most forms of adult consensual sex between people of the same sex and the constitutionality of such sodomy laws had been recently upheld by the U.S. Supreme Court in Bowers v. Hardwick in an opinion that said arguments against the constitutionality of such …

Gender Equality In Reconciling Work And Childcare In South Korea, Kook Hee Lee

Cornell Law School Inter-University Graduate Student Conference Papers

This paper presents an ideal legislative model for South Korea to realize gender equality in reconciling work and childcare. The comparative study on the U.S. and German system is the basis for the legislative model. This paper selects the U.S. and German systems as a comparison group because they are representing the equal treatment approach and special treatment approach in the feminist legal theory. The current system in South Korea fails to realize gender equality because it provides maternity leave exclusive to women to limit women’s right to work and lacks financial support for parental leave. Maternity leave limits women’s …

Gender-Related Violence And International Criminal Law And Justice, Christine Chinkin

Book Chapters

The treatment of gender-related violence within ICL is inextricably tied up with the recognition of women's rights as human rights, and the growing jurisprudence recognizing violence against women in non-armed conflict situations as human rights violations. Following from the Third World Conference on Women in Nairobi in 1985 women's NGOs campaigned to have gender-based acts of violence against women recognized as abuses of human rights, a goal that was achieved at the Vienna World Conference on Human Rights in 1993. That Conference was held against the backdrop of the 'massive, organized and systematic detention and rape of women that were …