Law and Gender Commons^™

Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman

Touro Law Review

No abstract provided.

Una Lucha Contra La Corriente: Análisis De La Ley 779 Ley Integral Contra La Violencia Hacia Las Mujeres En Nicaragua, Christina Brown

Independent Study Project (ISP) Collection

En ese mundo existe muchísima violencia contra las mujeres, y a veces tenemos la tendencia de tratar ese dato como un tabú, como algo de lo cual no podemos hablar en público. Sin embargo, el hecho es que en cualquier sociedad necesitamos tener conversaciones más difíciles de este tipo para encontrar la manera de prevenir la violencia y abordarla. Al lado de esa violencia existe también una grandísima lucha en que las mujeres de todas las edades, clases, y todas partes del mundo están uniéndose para defender su derecho de vivir sin violencia. En Nicaragua esa lucha se había logrado …

Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jim Hawkins

Indiana Law Journal

Scholarship on assisted reproductive technologies (ART) has emphasized the commercial nature of the interaction between fertility patients and their physicians, but little attention has been paid to precisely how clinics persuade patients to choose their clinics over their competitors’. This Article offers evidence about how clinics sell ART based on clinics’ advertising on their websites. To assess clinics’ marketing efforts, I coded advertising information on 372 fertility clinics’ websites. The results from the study confirm some suspicions of prior ART scholarship while contradicting others. For instance, in line with scholars who are concerned that racial minorities face barriers to accessing …

Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Andrea B. Carroll

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Hierarchies Of Discrimination In Baby Making: A Response To Professor Carroll, Radhika Rao

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

An Uneasy Union: Same-Sex Marriage And Religious Exemption In Washington State, Peter Dolan

Washington Law Review

Same-sex marriage promises to be one of the defining issues of the twenty-first century. While supporters of same-sex marriage have welcomed a shift in the public’s perception and increasing acceptance of same-sex marriage in the last decade, controversy remains over how to balance the competing rights between marriage equality and religious freedom. While most same-sex marriage statutes around the country include religious exemptions for religious officials, it is unclear how, or whether, these protections should extend to wedding service providers who have a religious objection to same-sex marriage. Conflicts between same-sex couples seeking wedding services and wedding service providers who …

Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

New Thinking On Commercial Surrogacy, Richard F. Storrow

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Mothering For Money: Regulating Commercial Intimacy, Surrogacy, Adoption,, Pamela Laufer-Ukeles

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Reproducing Hierarchy In Commercial Intimacy, Michele Goodwin

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Diversity, Deliberations, And Judicial Opinion Writing., Susan B. Haire, Laura P. Moyer, Shawn Treier

Faculty and Staff Scholarship

Underlying scholarly interest in diversity is the premise that a representative body contributes to robust decision-making processes. Using an innovative measure of opinion content, we examine this premise by analyzing deliberative outputs in the US courts of appeals (1997-2002). While the presence of a single female or minority did not affect the attention to issues in the majority opinion, panels composed of a majority of women or minorities produced opinions with significantly more points of law compared to panels with three Caucasian males.

Sex Selection In The United States And India: A Contextualist Feminist Approach, Sital Kalantry

Cornell Law Faculty Publications

Seven states in the United States have passed sex selection abortion bans, bills are pending in several other states, and a bill has been reintroduced in the U.S. Congress. In analyzing state legislative hearings, this article documents how the wide-spread practice of sex selection in other countries, particularly India and China, is being used by anti-abortion groups as a way to restrict women's right to autonomy in the United States. The dominant feminist paradigm in the United States takes a universal position on sex selection bans - these bans contravene women's right to autonomy and should not be permitted in …

The Irony Of Choice, Cam T. Nguyen

SURGE

We are having the inevitable late night conversation. You talk about your eventual wedding, your marriage to the person you love, the timeline you’ve created for yourself, and your plans for what our future children will do together. I clarify that I don’t want to have children, but you can’t seem to understand that decision. You question how happy, satisfied, or fulfilled my life will be without children, the maternal instincts I’m supposed to be feeling, and my desire to have something to care for and love. You’re convinced that I will recognize how empty my life will be sans …

The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks

University of Michigan Journal of Law Reform

In a large number of states, women are encouraged to take their husbands’ surnames at marriage by being offered an expedited name-change process that is shorter, less expensive, and less invasive than the statutory process that men must complete. If a couple instead decides to take an altogether-new name at marriage, the vast majority of states require that each spouse complete the longer statutory process. This name-change system emerged from a long history of naming as a way for men to dominate women. This Note emphasizes the need for name-change reform, arguing that the current system perpetuates antiquated patriarchal values …

Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Brief For Professors At Unm School Of Law, Griego V. Oliver, New Mexico Supreme Court No. 34,306, George Bach, Max Minzner

Faculty Scholarship

Brief on same-sex marriage .

New Mexico's history reflects a deep commitment to equal treatment under the law and the protection of individual liberty. The framers of the New Mexico Constitution created substantial and unique provisions relating to minority rights and individual autonomy that are broader in scope than the corresponding federal law. These include an Equal Protection Clause interpreted more expansively than the Fourteenth Amendment and an Inherent Rights Clause with no federal counterpart. Our state courts have consistently exercised independence and pragmatism in applying these rights guaranteed by the New Mexico Constitution.

A prohibition on marriage for same-sex …

Stories Mediators Tell: A Review, Wayne Brazil

Cardozo Law Review

No abstract provided.

Stories Mediators Tell: The Editors' Reflections, Eric R. Galton, Lela P. Love

Cardozo Law Review

No abstract provided.

Justice Florence Kerins Murray: The Legacy Of A Pioneer In The Rhode Island Courts, Marian M. Desrosiers Ph.D.

Journal of Interdisciplinary Feminist Thought

This essay discusses the professional and personal life of Florence Kerins Murray (1916-2004), a senator and judge, whose career had a profound effect onRhode Islandgovernment, public service, and the judiciary. The author uses twenty oral history interviews conducted by the author from 2007-12 with men and women working in the courts, in state and local governments, in public service organizations, and in the media. The research was funded by a scholar grant from the Rhode Island Council on the Humanities.

Women's Rights On The Right: The History And Stakes Of Modern Pro-Life Feminism, 1968 To The Present, Mary Ziegler

Scholarly Publications

Recently, pro-life advocates have popularized claims that abortion harms rather than helps women. The best known of these arguments are the woman-protective arguments—contentions, such as those endorsed in Gonzales v. Carhart, justifying abortion restrictions on the basis of the physical or psychological harms supposedly produced by the procedure. Woman-protective claims, however, represent only one part of a much larger strategy that this Article calls pro-life feminism. The Article follows pro-life activists’ use of the term “feminist” or “feminism.” As the Article makes clear, activists on competing sides of the abortion issue have contested the meaning of “true” feminism. Taking …

Abortion And Disgust, Courtney Megan Cahill

Scholarly Publications

This Article uses disgust theory — defined as the insights on disgust by psychologists and social scientists — to critique disgust’s role in abortion lawmaking. Its starting point is a series of developments that independently highlight and call into question the relationship between abortion and disgust. First, the Supreme Court introduced disgust as a valid basis for abortion regulation in its 2007 case Gonzales v. Carhart. Second, psychologists have recently discovered a sufficiently strong association between individual disgust sensitivity and abortion opposition to suggest that disgust might drive that opposition. They have also discovered that “abortion disgust” appears to be …

From Citizenship To Custody: Unwed Fathers Abroad And At Home, Albertina Antognini

Law Faculty Scholarly Articles

The sex-based distinctions of the Immigration and Nationality Act (INA) have been remarkably resilient in the face of numerous equal protection challenges. In Miller v. Albright, Nguyen v. INS, and most recently United States v. Flores-Villar — collectively the "citizenship transmission cases" — the Supreme Court has upheld the constitutionality of the INA’s provisions that require unwed fathers, but not unwed mothers, to take a series of affirmative steps in order to transmit citizenship to their children born abroad.

The conventional account of these citizenship transmission cases is that the Court upholds sex-based distinctions that would otherwise fail …

Work Wives, Laura A. Rosenbury

UF Law Faculty Publications

Traditional notions of male and female roles remain tenacious at home and work even in the face of gender-neutral family laws and robust employment discrimination laws. This Article analyzes the challenge of gender tenacity through the lens of the “work wife.” The continued use of the marriage metaphor at work reveals that the dynamics of marriage flow between home and work, creating a feedback loop that inserts gender into both domains in multiple ways. This phenomenon may reinforce gender stereotypes, hindering the potential of law to achieve gender equality. But such gender tenacity need not always lead to subordination. The …

Introduction: Effects Of Global Developments On Gender And The Legal Practice, Gabriele Plickert

Indiana Journal of Global Legal Studies

Women in Legal Practice: Global and Local Perspectives, Symposium, June 5-8, 2012. Annual Meeting of the Law and Society Association.