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Articles 91 - 120 of 216
Full-Text Articles in Law and Gender
Ten Years After The Palermo Protocol: Where Are Protections For Human Trafficking?, Kelly Hyland Heinrich
Ten Years After The Palermo Protocol: Where Are Protections For Human Trafficking?, Kelly Hyland Heinrich
Human Rights Brief
No abstract provided.
Legislative Updates, Cheryl Chado
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
UIC Law Review
No abstract provided.
Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst
Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst
Michigan Journal of Gender & Law
This symposium, organized by the Michigan Journal of Gender & Law, explored several cutting-edge topics related to its over-arching theme, "Rhetoric & Relevance: An Investigation into the Present and Future of Feminist Legal Theory." When the journal editors invited me to provide a few opening remarks, they informed me that: the goal of this symposium is to have a series of discussions about current happenings in the field of feminist legal scholarship, so that we may start to answer the question, "What's next?" These discussions will take place in the form of panels that focus on particular areas of the …
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Michigan Journal of Gender & Law
A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.
Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser
Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser
Michigan Journal of Gender & Law
Transgendered individuals and their families face legal risks that most families do not, at least in part, because state laws are often unclear about whether or under what conditions transgendered individuals are permitted to marry the individuals whom they love. Challenges to the validity of marriages involving the transgendered may arise under a variety of circumstances, ranging from cases in which individuals may have hidden or may not even have known that they were transgendered until after their marriages, to cases in which the individuals had already transitioned and had explained their personal histories to their partners before they were …
Rethinking Consent In A Big Love Way, Cheryl Hanna
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Penn State International Law Review (1982 - 2011)
No abstract provided.
Taxation, Pregnancy, And Privacy, Bridget J. Crawford
Taxation, Pregnancy, And Privacy, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This Article frames a discussion of surrogacy within the context of existing income tax laws. A surrogate receives money for carrying and bearing a child. This payment is income by any definition, even if the surrogacy contract recites that it is a "reimbursement." Cases and rulings on the income tax consequences of the sale of blood and human breast milk, as well as analogies to situations in which people are paid to wear advertising on their bodies, support the conclusion that a surrogate recognizes taxable income, although the Internal Revenue Service has never stated so. For tax purposes, the reproductive …
The Currency Of White Women's Hair In A Down Economy, Bridget J. Crawford
The Currency Of White Women's Hair In A Down Economy, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This short essay is a reflection on the relationship between the economy and women’s hair. I suggest that examining women’s spending on hair care products during uncertain financial conditions provides insight into the gendered aspects of the economy. As the economy has declined, sales of home hair-care products targeted toward white women have increased. Major news outlets report on salon customers trying to stretch out the time between their regular $250 hair salon treatments. Certain women turn to home hair dyes to maintain conforming appearances. In popular culture, to have white skin and gray hair is to be old (unemployable …
Feminicidio Y Derecho A La Información En México: Dialéctica De La Impunidad, Francesca Tronco García
Feminicidio Y Derecho A La Información En México: Dialéctica De La Impunidad, Francesca Tronco García
American University International Law Review
No abstract provided.
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
Michigan Law Review First Impressions
The Statue of Liberty, which has been called the "Mother of Exiles," stands as a reminder of one of the foundational ideals of U.S. immigration policy-providing refuge to the vulnerable. Women worldwide have new reason to believe in this promise, because victims of domestic violence may now have a better chance of being granted asylum in a U.S. immigration court.
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Michigan Journal of Gender & Law
Victims of human trafficking who seek international protection in their country of destination face a steep uphill battle. Special visa programs designed to regularize their status are often riddled with conditions that make them inaccessible to all but a very few victims. Despite widespread international agreement that the manifold harms inflicted upon the majority of trafficked persons generally rise to the level of persecution, and therefore that victims should be eligible to apply for asylum, many national courts misinterpret international refugee law standards and routinely deny refugee status to deserving applicants. Courts often refuse to recognize persecution on the basis …
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Michigan Journal of Gender & Law
Our panel will be discussing recent developments in the intersex and transsexual communities. The transsexual community began to organize in the 1970s, but did not fully develop into a vibrant movement until the 1990s. The intersex movement was born in the mid-1990s and has rapidly developed a strong and influential voice. Recently, both movements have undergone profound changes and each has provided new and unique theoretical perspectives that can potentially benefit other social justice groups. The purpose of our dialogue today is to describe these developments and explore how feminists could potentially benefit from the theoretical frameworks that are being …
Sex Education And Rape, Michelle J. Anderson
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
Past As Prologue: Old And New Feminisms, Martha Chamallas
Past As Prologue: Old And New Feminisms, Martha Chamallas
Michigan Journal of Gender & Law
Each "stage" of feminist legal theory-and each brand or strand of feminism- stays alive and is never completely replaced by newer approaches. When I first attempted to synthesize the field of Feminist Legal Theory for a treatise I was writing at the end of the twentieth century, I thought it would be useful to think chronologically and to analyze the major developments of the 1970s, 1980s, and 1990s. I crudely divided feminist legal theory into three stages roughly corresponding to the preceding decades: the equality stage of the 1970s, the difference stage of the 1980s, and the diversity stage of …
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Faculty Journal Articles and Book Chapters
The United States immigration system is especially difficult for children to navigate. Advocates commonly argue that this difficulty stems largely from the poor fit resulting from the application of a system designed for adults to the reality of the child immigrant experience. Advocacy efforts, including those that resulted in changes to detention policy and substantive immigration law regarding Unaccompanied Alien Children (UAC), therefore focus on modifying the system to recognize children as subjects, rather than objects, of immigration law. This article argues that the present efforts to streamline the immigration detention and relief experience for UACs by combating adult-centered bias …
A Woman’S Worth, Kimberly D. Krawiec
A Woman’S Worth, Kimberly D. Krawiec
Faculty Scholarship
This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst, …
Reduced Hours, Full Success: Part-Time Partners In U.S. Law Firms, Cynthia Thomas Calvert, Linda Bray Chanow, Linda Marks
Reduced Hours, Full Success: Part-Time Partners In U.S. Law Firms, Cynthia Thomas Calvert, Linda Bray Chanow, Linda Marks
UC Law SF Journal on Gender and Justice
When the Project for Attorney Retention ("PAR") was founded a decade ago, part-time partners were rare. Most associates who reduced their hours were taken off the partnership track either expressly or de facto; regardless of what the policy said, in most firms no part-time associate had ever been elevated to partner. Recognizing reduced hours work could not be a real option as long as it was a career ender, PAR developed a best practice balanced-hours policy, which helps eliminate the stigma associated with part-time and keeps those associates who work reduced hours developing professionally toward partnership. As the number of …
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Faculty Scholarship
No abstract provided.
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
International Advocate For Peace Award Acceptance Speech, Stuart E. Eizenstat
International Advocate For Peace Award Acceptance Speech, Stuart E. Eizenstat
Cardozo Journal of Conflict Resolution
I feel very much at home here because I was here three or four year ago at a symposium at the law school-a panel with Adam Durshowitz and Erwin Cogler, who was then Administer of Justice of Canada, and others. I have also received an honorary doctorate from Yeshiva University, and I feel very much at home here. I just met Dean Dillard and Professor Love, but I have some longtime friends here: Professor Weisberg, who I will talk about in a moment, is one of the heroes of this whole episode; Eric Pan, your professor of Commercial and International …
The Time Has Come For The United States To Ratify The Convention On The Elimination Of All Forms Of Discrimination Against Women, 9 Wash. U. Global Stud. L. Rev. 195 (2010), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Women's Leadership And Third-Wave Feminism, Kathleen P. Iannello
Women's Leadership And Third-Wave Feminism, Kathleen P. Iannello
Political Science Faculty Publications
Leadership is a term that women strive to claim as their own. Whether in the halls of Congress, the corporate boardroom, or the privacy of the home, women’s leadership challenges traditional notions of the concept. Throughout the ages images of leadership feature men in uniform and men in positions of power, whether it be military, government, or market. The traditional view of leaders is imbued with male images of “heroes,” who issue orders, lead the troops—save the day. But leadership has another face. It is the face of Abigail Adams admonishing her husband to “Remember the Ladies” in the formation …
Alma Mater: Clara Floltz And Hastings College Of Law, Barbara Babcock
Alma Mater: Clara Floltz And Hastings College Of Law, Barbara Babcock
UC Law SF Journal on Gender and Justice
No abstract provided.
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel
UC Law SF Journal on Gender and Justice
DNA represents the "gold standard" of evidence that solves crimes and obtains convictions. Law enforcement agencies increasingly turn to national and local DNA databanks to generate possible suspects. These searches may "hit" upon databank samples that only partially match the DNA left at a crime scene. The value in a partial match is that it might identify a relative of the perpetrator. Some states have embraced this technique - called familial DNA testing - as a harmless additive to traditional or routine investigatory methods, but at least one state has explicitly banned its use. This Article examines the scientific, legal, …
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
UC Law SF Journal on Gender and Justice
The Article first explores what "discrimination" in the intimate realm may mean, and it discusses the ineffective application of traditional legal antidiscrimination measures in favor of Professor Vicki Shultz's "disruption" model. The disruption model looks at institutional practices rather than individual intent, explaining that discrimination occurs when institutions create differential categories and apply hierarchical meanings to those categories. The Article then critically examines "sexual orientation" as an incoherent and oppressive social construct in need of disruption. Finally, the Article demonstrates the ways in which the law has created rigidly defined categories of sex, gender, and sexual identity (all inextricable components …
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger
UC Law SF Journal on Gender and Justice
This Note will first discuss the social factors that make accessing retirement and support services problematic for lesbian and gay elders, such as ageism in the gay and lesbian community and heterosexual-focused retirement institutions. Part II will investigate how federal law and policy affects lesbian and gay elders' ability to obtain health care benefits and save for retirement. Part III will examine state and municipal solutions for same-sex couples, in the face of federal discrimination. Part IV will illustrate the necessity of acquiring an attorney because of the challenges in preparing for a lesbian or gay elder's incompetence, and the …
Poems By Richard Krech, Richard Krech
Poems By Richard Krech, Richard Krech
UC Law SF Journal on Gender and Justice
No abstract provided.