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Articles 91 - 118 of 118
Full-Text Articles in Law and Gender
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Images Of Men In Feminist Legal Theory , Brian Bendig
Images Of Men In Feminist Legal Theory , Brian Bendig
Pepperdine Law Review
No abstract provided.
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Political Science Honors Projects
This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
All Faculty Scholarship
Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …
Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala
Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala
Graduate Doctoral Dissertations
The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …
Women And The Law: How Far We’Ve Come And Where We Need To Go, Michelle S. Simon
Women And The Law: How Far We’Ve Come And Where We Need To Go, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
Introduction to the program on “Women and the Law: How Far We've Come and Where We Need to Go” held at Pace Law School, October 24, 2008.
Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo
Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo
St. Thomas Law Review
For over six centuries, bitch has been used as a term of contempt toward women. Originally, bitch referenced a sensual or promiscuous woman, and later evolved to include a woman considered angry, spiteful, or malicious. Today, the term includes a woman deemed aggressive, competitive, or domineering. Despite its definitional nuances, bitch remains an unequivocal expression of hostility used to denounce, harass, and insult women who, by acting outside of their prescribed gender roles, threaten the established paradigm of power as an inherently male characteristic. Part I of this article examines the animus behind the bitch epithets levied against women in …
"No Cherries Grow On Our Trees": A Social Policy Research Paper For The Take Action Project, A Public Policy Initiative To Address Women’S Poverty And Violence Against Women, Wendy Komiotis, Nora Currie, Janet Mosher
"No Cherries Grow On Our Trees": A Social Policy Research Paper For The Take Action Project, A Public Policy Initiative To Address Women’S Poverty And Violence Against Women, Wendy Komiotis, Nora Currie, Janet Mosher
Commissioned Reports, Studies and Public Policy Documents
This is a project about women, not as a homogeneous and objectified category, but about women as agents whose lives are shaped by the multiple dimensions of their identities, including their Aboriginal status, age, class, disability, race, sexual orientation, gender identity and status (be it family, immigration, or health). It is a project that speaks to the realities of women’s lives, in particular the harsh realities of poverty and violence. It is also a project about you. Given the high rates of both poverty and violence, many of you will share these experiences. Many of you may be one job, …
The Red Booklet On Feminist Equality. Instead Of A Manifesto, Dana Neacsu
The Red Booklet On Feminist Equality. Instead Of A Manifesto, Dana Neacsu
Law Faculty Publications
If feminist legal theory were to face its legacy today, it would see that its tremendous value rests in its means more than in its ends. True, it has produced palpable results for its promoters domestically. It satisfied many feminists' discrete incremental requests, from Women's History Month to a limited right to bear or beget. While feminism partially satisfied well-identified gendered demands, it has ignored their “base” or frame. I argue that it has ignored basic calls for social justice. As shown here, how gendered demands are satisfied depends on whether basic demands for food and shelter have even been …
Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar
Barriers To Access To Abortion Through A Legal Lens, Jocelyn Downie, Carla Nassar
Articles, Book Chapters, & Popular Press
In addressing whether the procedure for obtaining abortions was operating equitably across Canada, the 1977 Badgley Report concluded that for many women, access to abortion was “practically illusory.” Sadly, although abortion on request became legally permissible for Canadian women in 1988, access to a safe and legal abortion remains practically illusory for many women today. A woman seeking an abortion in Canada must overcome numerous barriers. She must find a way to secure for herself some of the limited resources that our health care system provides for abortion. She must also expend her own, often scarce, personal resources: her time, …
Law And Feminism: Foreword, Mary Jane Mossman
Law And Feminism: Foreword, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
Introduction, Arthur S. Leonard
In The Back Alleys Of Health Care: Abortion, Equality And Community In Canada, Joanna Erdman
In The Back Alleys Of Health Care: Abortion, Equality And Community In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
The decriminalization of abortion in Canada ensured neither its availability nor accessibility as an integrated and publicly funded health service. While Canadian women are increasingly referred to or seek abortion services from single-purpose clinics, their exclusion from public health insurance often render these services inaccessible. This article considers denied funding for clinic abortion services from the perspective of the Canadian constitutional guarantee of sex equality. The article focuses on the 2004 Court of Queen's Bench's judgment in Jane Doe I v. Manitoba, which framed denied public funding for clinic abortion services as a violation of women's equality rights under the …
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
Book Review: Madam Secretary, Dru Stevenson
Book Review: Madam Secretary, Dru Stevenson
ExpressO
Review of Madeline Albright's Memoirs
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway
The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway
Scholarly Works
This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …
Women At War: An Evolutionary Perspective, Kingsley R. Browne
Women At War: An Evolutionary Perspective, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Confronting The Agency In Battered Mothers, Elaine M. Chiu
Confronting The Agency In Battered Mothers, Elaine M. Chiu
Faculty Publications
Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …
What’S Wrong With Sexual Harassment?, Katherine Franke
What’S Wrong With Sexual Harassment?, Katherine Franke
Women’s Law Forum (2000-2006)
In a lecture given at Villanova University School of Law in March 2000, Professor Franke addressed the recent Supreme Court decisions that have sought to clarify the nature of the right against sexual harassment in the workplace. Professor Franke discussed these cases and critiqued the way in which the court's new jurisprudence of sexual harassment creates structural impediments to remedying the problem of sexual harassment in the workplace.
Feminism, Law, And Bioethics, Karen H. Rothenberg
Feminism, Law, And Bioethics, Karen H. Rothenberg
Faculty Scholarship
Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …
The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle
The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle
Dalhousie Law Journal
My topic is the role of the judiciary in the work of Madame Justice Wilson, but I am going to use a particular focus. I started with the famous lecture "Do Women Judges Really Make a Difference" delivered at Osgoode Hall Law School7 and it helped me think of a question. What is it that women judges might make a difference to? One answer is the law, another is judging itself. These themes were very clear in Madame Justice Wilson's lecture. Another answer, however, is the concept of woman. When women judges make a difference to law, part of what …
The Hidden Gender Of Law, Christine Boyle
The Hidden Gender Of Law, Christine Boyle
Dalhousie Law Journal
Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …
Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark
Abortion Law In Canada: A Matter Of National Concern, Moira Mcconnell, Lorenne Clark
Dalhousie Law Journal
Canada's newest abortion legislation, embodied in Bill C-43, was defeated in the Senate on January 31st, 1991. The Bill sought to remedy the state of "lawlessness" which has existed respecting abortion ever since the decision reached by the Supreme Court of Canada in R. v. Morgentaler in January, 1988. However, this determination is incorrect. The law is quite clear: there is no criminal prohibition against abortion in Canada. This follows directly from the Court's holding in the Morgentaler decision that the old law, s. 287 (formerly s.251) of the Criminal Code, infringed a woman's right to security and liberty of …
Law's Patriarchy, Lynne Henderson
Response, [To Kathryn Abrams, Hiring Woman], Thomas B. Mcaffee
Response, [To Kathryn Abrams, Hiring Woman], Thomas B. Mcaffee
Scholarly Works
This article is a response to an article by Professor Kathryn Abram about the recruitment and hiring of women law professors. Professor McAffee confronts an issue that Professor Abrams does not—that of giving women a “preference” in hiring. Professor McAffee also adds to Professor Abrams’ reflections about the question of how law schools should go about hiring more women.
Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn
Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn
Articles & Book Chapters
There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …
Changing The Law On Personal Status Within A Liberal Interpretation Of The Sharia, Mohammed Al-Nowaihi
Changing The Law On Personal Status Within A Liberal Interpretation Of The Sharia, Mohammed Al-Nowaihi
Faculty Book Chapters
Many minds, multiple energies and much cooperation has gone into the creation and production of this monograph. Principally it is the outcome of a seminar on the theme of "Law and Social Change: Problems and Challenges" which was organized and co-sponsored within the general framework of the Open University Seminar Series by the Department of Sociology-Anthropology-Psychology of the American University in Cairo and the National Center for Sociological and Criminological Research. The Open University Seminar, held annually, is a forum through which members of the AUC community and interested persons from the larger Egyptian community can come together to express …
Is Law A Field For Woman's Work?, William P. Rogers
Is Law A Field For Woman's Work?, William P. Rogers
William Perry Rogers (1896-1902)
No abstract provided.