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Law and Gender Commons™

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2009

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Articles 61 - 90 of 213

Full-Text Articles in Law and Gender

Cautionary Tales, Penelope J. Pether Mar 2009

Cautionary Tales, Penelope J. Pether

Working Paper Series

“This is a review essay of Nan Seuffert’s Jurisprudence of National Identity: Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand (Ashgate, 2006), a critical, interdisciplinary study of the construction of national identity of Aotearoa New Zealand, which unearths the raced and gendered constitution of this postcolonial nation state.”

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If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio Mar 2009

If Not Now, When? Individual And Collective Responsibility For Male Intimate Violence, G. Kristian Miccio

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine Feb 2009

When Gender Meets Sex: An Exploratory Study Of Women Who Seduce Adolescent Boys, Kay L. Levine

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

This article describes the origins, design, and implications of a new study exploring female-perpetrated statutory rape against adolescent boys in the United States. In contrast to both legal frameworks, which typically regard statutory rape as a male-on-female phenomenon, and existing literature from the fields of psychology and psychiatry derived from clinical samples and sex offender registries, this study examines the incidence of female-perpetrated statutory rape using data from electronic news reports covering the period 1990-2008. In this short article, the author explains the advantages of her approach over those taken by prior scholars, in terms of the size of the …

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The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey Jan 2009

The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey

All Faculty Scholarship

No abstract provided.

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Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan, Kelly Hradsky, Kristen Jeschke, Lavonne Meyer, Jill Roberts Jan 2009

Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan, Kelly Hradsky, Kristen Jeschke, Lavonne Meyer, Jill Roberts

All Faculty Scholarship

No abstract provided.

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Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh S. Goodmark Jan 2009

Autonomy Feminism: An Anti-Essentialist Critique Of Mandatory Interventions In Domestic Violence Cases, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark Jan 2009

Going Underground: The Ethics Of Advising A Battered Woman Fleeing An Abusive Relationship, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow Jan 2009

Internet Defamation As Profit Center: The Monetization Of Online Harassment, Ann Bartow

Law Faculty Scholarship

Efforts to decrease the sexist aspects of online fora have been largely ineffective, and in some instances seemingly counterproductive, in the sense that they have provoked even greater amounts of abuse and harassment with a gendered aspect. And so, in the wake of a series of high profile episodes of cyber sexual harassment, and a grotesque abundance of low profile ones, a new business model was launched. Promising to clean up and monitor online information to defuse the visible impact of coordinated harassment campaigns, a number of entities began to market themselves as knights in cyber shining armor, ready to …

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An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson Jan 2009

An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson

Michigan Law Review First Impressions

President Barack Obama came into office with a wealth of good will after winning the historic 2008 presidential election to become the first African-American commander-in-chief. Among the many daunting issues we hope he will tackle is one that Abigail Adams mentioned to her husband John in 1776: remember the ladies. How should our President and his new administration affect social justice for women?

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Statutory Regulation Of Legal Parentage In Cases Of Artificial Insemination By Donor: A New Frontier Of Gender Discrimination, Christina M. Eastman Jan 2009

Statutory Regulation Of Legal Parentage In Cases Of Artificial Insemination By Donor: A New Frontier Of Gender Discrimination, Christina M. Eastman

McGeorge Law Review

No abstract provided.

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The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja Jan 2009

The Costs Of Multiple Gestation Pregnancies In Assisted Reproduction, Urska Velikonja

Faculty Scholarship

The United States, unlike most developed countries, does not regulate its fertility industry. Rather, it vests control over the industry to professional organizations and to market forces. While lack of regulation has produced a vibrant market for fertility services, it has also produced an undesirable consequence: a high rate of multiple gestation pregnancies, including twin pregnancies. This Article summarizes the data on the medical, psychological, and financial costs associated with multiple pregnancies to the parents, the children, and American society. It suggests that the current U.S. regulatory regime has not only failed to address these costs as they surfaced but …

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Life At The Center Reflections On My Career, Roberta S. Karmel Jan 2009

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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Passions We Like… And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan Jan 2009

Passions We Like… And Those We Don't: Anti-Gay Hate Crime Laws And The Discursive Construction Of Sex, Gender, And The Body, Yvonne Zylan

Michigan Journal of Gender & Law

This Article proceeds as follows. In Part II, the author catalogs the history of anti-gay hate crime laws in the United States, describing the rapid spread of state-level laws extending race- and religion-based hate crime laws to LGB people. The Article also provides an overview of federal legislation addressing anti-gay hate crime. In Part III, it examines the policy environment within which anti-gay hate crime laws have been, and continue to be, considered. Specifically, the jurisprudential frameworks that shape, define, and constrain discourses of equality, rights, and social identity are analyzed. The argument is made that the policy environment of …

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Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt Jan 2009

Migration, Development, And The Promise Of Cedaw For Rural Women, Lisa R. Pruitt

Michigan Journal of International Law

Part I of this Essay provides an overview of the rural-to-urban migration phenomenon, a trend the author calls the urban juggernaut. This Part includes a discussion of forces compelling the migration, and it also considers consequences for those who are left behind when their family members and neighbors migrate to cities. Part II explores women's roles in food production in the developing world, and it considers the extent to which international development efforts encourage or entail urbanization. Part III attends to the potential of human rights for this population, analyzing the Convention on the Elimination of All Forms of Discrimination …

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From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone Jan 2009

From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone

Faculty Publications

This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the …

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Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury Jan 2009

Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury

Faculty Publications

This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …

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Tolerance Of Sexual Harassment: A Laboratory Paradigm, D. J. Angelone, Damon Mitchell, Kara Carola Jan 2009

Tolerance Of Sexual Harassment: A Laboratory Paradigm, D. J. Angelone, Damon Mitchell, Kara Carola

Title IX Research and Resources

The present study attempted to develop a laboratory analogue for the study of tolerance for sexual harassment by using an online speed-dating paradigm. In that context, the relation between participants’ sexual harassment attitudes, perpetrator attractiveness, perpetrator status, and perceived dating potential of the perpetrator were examined as factors influencing participants’ tolerance of sexually harassing behavior. Participants were 128 female college students from a small northeastern public university. Results indicated that attractiveness, high social status, and attitudinal beliefs about sexual harassment were all predictive of tolerance for sexual harassment, providing preliminary support for the validity of this paradigm. In addition, participants’ …

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Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli Jan 2009

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli

Faculty Scholarship

Congress is considering pension reform in the wake of the tremendous loss in market value of retirement plans during the current recession. This article suggests that this is a historic moment to remedy a previously unidentified, unintended but profound gender disparity embedded in the federal law governing retirement plans in this country. It explores the common perception that while contemporary law and policy aim to facilitate equality within marriage, including in the area of property ownership, embracing equitable distribution in reallocating property upon divorce, the Employment Retirement Income Security Act’s (ERISA) structuring of retirement asset accumulation runs counter to this …

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Feminist Debates On Civilian Women And International Humanitarian Law, Valerie Oosterveld Jan 2009

Feminist Debates On Civilian Women And International Humanitarian Law, Valerie Oosterveld

Law Publications

International humanitarian law [IHL] provisions address the situation of civilian women caught in armed conflict today, but is this law enough? Feminist commentators have considered this question and have come to differing conclusions. This article considers the resulting debate as to whether female-specific IHL provisions are adequate but underenforced, or inadequate, outdated and in need of revision. One school of thought argues that the main impediment to the protection of female civilians during hostilities is lack of observance of existing IHL. A second school of thought believes that something more fundamental is needed to meet the goal of protecting civilian …

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Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld Jan 2009

Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld

Law Publications

No abstract provided.

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The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche Jan 2009

The Substance Of Substantive Equality: Gender Equality And Turkey's Headscarf Debate, Rachel Rebouche

American University International Law Review

No abstract provided.

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Prisons Must Cease Re-Traumatizing Women: A Call For Gender-Responsive Programs That End The Cycle Of Abuse, Sally Abrahamson Jan 2009

Prisons Must Cease Re-Traumatizing Women: A Call For Gender-Responsive Programs That End The Cycle Of Abuse, Sally Abrahamson

Legal Writing Competition Winners

“They break us out there and then more in here. And they don't do anything to build us back up.” This is a quote from a woman serving thirty-one years for assault and crack-cocaine possession. Like many other incarcerated women, she has a history of being in domestically abusive relationships. Prison, she said, felt like an extension of feeling the same hopelessness she did before entering prison. Using drugs was a means to escape the reality of abuse and poverty. Her time in prison further disempowered her economically and socially, as she received no job-training and lost many of her …

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Cutt Ing Funds For Oral Contracept Ives: Violation Of Equal Protection Rights And The Disparate Impact On Women’S Healt Hcare, Rachel V. Rose Jan 2009

Cutt Ing Funds For Oral Contracept Ives: Violation Of Equal Protection Rights And The Disparate Impact On Women’S Healt Hcare, Rachel V. Rose

The Modern American

No abstract provided.

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This Game Is Rigged: The Unequal Protection Of Our Mentall Y-Ill Incarcerated Women, Joanna E. Saul Jan 2009

This Game Is Rigged: The Unequal Protection Of Our Mentall Y-Ill Incarcerated Women, Joanna E. Saul

The Modern American

No abstract provided.

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Gender Strategy Is Not Luxury For International Courts Symposium: Prosecuting Sexual And Gender-Based Crimes Before International/Ized Criminal Courts, Patricia Viseur Sellers Jan 2009

Gender Strategy Is Not Luxury For International Courts Symposium: Prosecuting Sexual And Gender-Based Crimes Before International/Ized Criminal Courts, Patricia Viseur Sellers

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi Jan 2009

Silencing Tory Bowen: The Legal Implications Of Word Bans In Rape Trials, 43 J. Marshall L. Rev. 215 (2009), Randah Atassi

UIC Law Review

No abstract provided.

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Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul Jan 2009

Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul

Michigan Journal of Gender & Law

Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual expression, …

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Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …

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Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman Jan 2009

Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman

Michigan Journal of Gender & Law

In this Article the author will examine not only the substantive legal differences between the United States, Canada, and France, but will also explore how these legal rules fit within a broader social, political, and religious setting. This Article will pursue four lines of inquiry. First, it will briefly chronicle the history of criminal prosecution of pregnant women in America and show how these prosecutions have become markedly more aggressive over the last twenty years. Second, it will situate these prosecutions in the full context of American law and culture, demonstrating how the fetus has received increasing legal recognition in …

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Calling A Spade A Spade: Maternal Mortality As A Human Rights Violation, Luisa Cabal, Morgan Stoffregen Jan 2009

Calling A Spade A Spade: Maternal Mortality As A Human Rights Violation, Luisa Cabal, Morgan Stoffregen

Human Rights Brief

No abstract provided.

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