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Full-Text Articles in Law and Gender

Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow Mar 2018

Keeping Students Awake: Feminist Theory And Legal Education, Martha Minow

Maine Law Review

I am not exactly sure why, but when I turned to think about legal education for today's conference, Mary Shelley's Frankenstein came to mind. It was not because of my own nightmares that my chosen profession as law professor involves turning ordinary people into monsters, although that's a thought we can explore perhaps over drinks. It was because of this comment Shelley makes in the book: “If the study to which you apply yourself has a tendency to weaken your affections, and to destroy your taste for those simple pleasures in which no alloy can possibly mix, then that study …

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Feminist Microenterprise: Vindicating The Rights Of Women In The New Global Order?, Lucie E. White Mar 2018

Feminist Microenterprise: Vindicating The Rights Of Women In The New Global Order?, Lucie E. White

Maine Law Review

The subject of this symposium is “Law, Feminism & the 21st Century.” What are the greatest challenges for feminism in the coming century and how can the law help to meet them? I want to begin this essay by asking that question from two radically different vantage points. The first is very far removed from the usual starting point for feminist analysis, which is the “lived” experience of women's lives. Let us move far away from a place from which we can feel the lines on women's faces, and move to a place from which we can see only numbers, …

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Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis Mar 2018

Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Maine Law Review

In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for a …

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Intimate Partner Violence Strategies: Models For Community Participation, Jenny Rivera Mar 2018

Intimate Partner Violence Strategies: Models For Community Participation, Jenny Rivera

Maine Law Review

Over the last several years, states have passed legislation to address intimate partner violence, more commonly known as “domestic violence,” or violence and abuse between current and former spouses, or persons in similar intimate relationships. Much of this legislation is composed of civil and criminal provisions, including criminal sanctions for intimate partner violence. The constitutionality, practical impact, and present and potential benefits of these statutes are the topic of political debates, scholarly diatribes, and litigation. The passage and implementation of federal legislation specifically designed to address violence between present and former spouses and intimate partners reflects a sea change in …

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Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn Mar 2018

Shattered Jade, Broken Shoe: Foreign Economic Development And The Sexual Exploitation Of Women In China, Elizabeth Spahn

Maine Law Review

Predicting the ways in which feminisms might develop in the next century is unfortunately well beyond my own capabilities. In the next decade or two, however, one thing I believe we might want to think about are the relationships between feminisms and global free market capitalisms. The question I am asking, simply stated, is the extent to which economic development (free-market global capitalism) advances, is neutral toward, or harms women. One traditional American way of viewing the global free market is to tout economic development as a panacea for the problems facing the world's poorest and most violated group, women. …

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The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg Mar 2018

The Pregnancy Discrimination Act: Legitimating Discrimination Against Pregnant Women In The Workforce, Judith G. Greenberg

Maine Law Review

The Pregnancy Discrimination Act (PDA) has been effective in making the most egregious and obvious forms of pregnancy discrimination illegal. Unfortunately, the PDA has also acted as a shield behind which employers can hide as they discriminate against their pregnant employees. The result is that the PDA permits discrimination based on the very sort of stereotyping that it was expected to eradicate. There are two dominant stereotypes of pregnant women. Both are inconsistent with the image of a good worker. One stereotype connects pregnant women with the home. In one form or another it says, “Pregnant women are/should be preoccupied …

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What If The Butchers In The Slaughter House Cases Had Won?: An Exercise In "Counterfactual" Doctrine, Jane L. Scarborough Mar 2018

What If The Butchers In The Slaughter House Cases Had Won?: An Exercise In "Counterfactual" Doctrine, Jane L. Scarborough

Maine Law Review

In a recent Harvard Law Review commentary, two well-known constitutional scholars called into question not only what Supreme Court cases are “canonized” in casebooks, but whether the “Court-centeredness” of our scholarship and teaching about constitutional law has led to an impoverishment of the discourse on justice. The authors document how “[c]ases become important to teach and remember because they serve as the icons (and demons) of an invented constitutional tradition” --a tradition that “comes into being at a particular point in history, and then regards itself as always having been there.” There is no better example of such an icon …

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Grounded Applications: Feminism And The Law At The Millennium, Katharine Silbaugh Mar 2018

Grounded Applications: Feminism And The Law At The Millennium, Katharine Silbaugh

Maine Law Review

The conference topic is feminism in the twenty-first century, a dialogue between academics and practicing attorneys. The first order of business will be to resist the millennium invitation to come up with evermore novel, overarching formulations of the mission and means of feminism. At the end of the twentieth century we know quite a bit about the problems presented by feminists and the problems within feminism. We have had a long history of insightful intellectual discourse on questions of equality and on the meaning of gender. We also know that it takes time to absorb and apply broad insights in …

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Born This Way: Transgender Student Access To School Bathrooms, Madison Shaner Mar 2018

Born This Way: Transgender Student Access To School Bathrooms, Madison Shaner

University of Colorado Law Review Forum

No abstract provided.

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Using Intellectual Property Law To Promote Human Flourishing For Market Women, J. Janewa Osei-Tutu Mar 2018

Using Intellectual Property Law To Promote Human Flourishing For Market Women, J. Janewa Osei-Tutu

Articles

No abstract provided.

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Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters Mar 2018

Sadomasochism: Descent Into Darkness, Annotated Accounts Of Cases, 1996-2014, Robert Peters

Dignity: A Journal of Analysis of Exploitation and Violence

A collection of accounts of sadomasochistic sexual abuse from news reports and scholarly and professional sources about the dark underbelly of sadomasochism and the pornography that contributes to it. It focuses on crimes and other harmful sexual behavior related to the pursuit of sadistic sexual pleasure in North America and the U.K. It is intended to be a resource to educate people about how sadomasochism can lead to harmful and even deadly sadistic sexual behavior.

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Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo Mar 2018

Holy Gender! Promoting Free Exercise Of Gender By Discernment Without Establishing Binary Sex Or Compulsory Fluidity, José Gabilondo

Seattle Journal for Social Justice

No abstract provided.

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On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris Mar 2018

On Margaret Montoya & Jerome Culp: An Appreciation, Angela P. Harris

Seattle Journal for Social Justice

No abstract provided.

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“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya Mar 2018

“Who Is A Latcrit?”: Jerome Culp And Angela Harris Provide Answers And Ways Of Being, Margaret Montoya

Seattle Journal for Social Justice

No abstract provided.

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Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Edwin G. Lindo, Brenda Williams, Marc-Tizoc Gonzalez Mar 2018

Uncompromising Hunger For Justice: Resistance, Sacrifice, And Latcrit Theory, Edwin G. Lindo, Brenda Williams, Marc-Tizoc Gonzalez

Seattle Journal for Social Justice

No abstract provided.

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Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2018

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

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The Law Hasn't Yet Achieved Parity, Leah Litman Mar 2018

The Law Hasn't Yet Achieved Parity, Leah Litman

Articles

Parity between men and women in the legal profession is an aspiration. It’s not reality, at least not yet. I wish I’d have understood that in law school because hearing that there’s parity when there’s none can be maddening. I also wish I would have known about the resources available to people who want to do something about the lack of parity in our profession.

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Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov Feb 2018

Tik Tok: Time To Eradicate Sexual Assault In The Music Industry Through The Implied Covenant Of Good Faith And Fair Dealing, Chanel Chasanov

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Predictive Neglect And "Unfit" Mothers - When Having A Mental Illness Means The State Takes Your Child, Amelia Lyte Feb 2018

Predictive Neglect And "Unfit" Mothers - When Having A Mental Illness Means The State Takes Your Child, Amelia Lyte

DePaul Journal of Women, Gender and the Law

No abstract provided.

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What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower Feb 2018

What Judges Need To Know: Schemas, Implicit Bias, And Empirical Research On Lgbt Parenting And Demographics, Todd Brower

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq. Feb 2018

Intersectionality As An Institution: Changing The Definition Of Feminism, Holly Sanchez Perry Esq.

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen Feb 2018

Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen

Notre Dame Journal of International & Comparative Law

Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …

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Brief In Opposition. Idaho Department Of Corrections V. Fuller, 138 S.Ct. 1345 (2018) (No. 17-959), Eric Schnapper, Ericka Birch, Kass Hartstad Feb 2018

Brief In Opposition. Idaho Department Of Corrections V. Fuller, 138 S.Ct. 1345 (2018) (No. 17-959), Eric Schnapper, Ericka Birch, Kass Hartstad

Court Briefs

QUESTION PRESENTED The court of appeals concluded that a reasonable jury could find that actions by supervisors at the Idaho Department of Corrections created a hostile work environment. Petitioner does not seek review of that holding. The question presented is: Did the court of appeals err in concluding that the record contained sufficient evidence to permit a reasonable jury to infer that the actions of those supervisors were gender-based?

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Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry Feb 2018

Exercising The Right To Public Accommodations: The Debate Over Single-Sex Health Clubs, Miriam A. Cherry

Maine Law Review

Recently, the debate over single-sex health clubs gained national attention when a patent attorney, James Foster, sued for admission to Healthworks, a Massachusetts all-women's health club. Jurisdictions across the country have also been struggling with the issue, and no clear consensus has emerged. Besides highlighting a wide variance between state laws, the debate over single-sex health clubs illuminates tensions within current feminist thought and within the current legal doctrine surrounding public accommodations statutes. Specifically, the presence of single-sex health clubs, like the question of single-sex schools, asks whether, in some contexts, it is legally and morally acceptable for men and …

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Islam's (In)Compatibility With The West?: Dress Code Restrictions In The Age Of Feminism, Lisa M. La Fornara Feb 2018

Islam's (In)Compatibility With The West?: Dress Code Restrictions In The Age Of Feminism, Lisa M. La Fornara

Indiana Journal of Global Legal Studies

Many secular Western countries have adopted some form of legislation regulating a woman's ability to wear traditional "Islamic" coverings. These governments often cite concerns for gender equality to justify the regulations. Although it is certainly true that some women are forced to wear hijab, many women cover by choice. These women's choices may be rooted in their faith, but the decisions are also commonly linked to other factors like culture. Thus, this Note argues, regulations that prevent a woman from choosing how to dress do not enhance her rights. Rather, the regulations replace a feared authoritarian man with an overly …

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Power In The Age Of In/Equality: Economic Abuse, Masculinities, And The Long Road To Marriage Equality, Arianne Renan Barzilay Feb 2018

Power In The Age Of In/Equality: Economic Abuse, Masculinities, And The Long Road To Marriage Equality, Arianne Renan Barzilay

Akron Law Review

In an era when women have achieved formal legal equality, patriarchal power endures. In this article I take on a largely neglected subject: economic abuse. While this phenomenon has recently begun to generate awareness as a form of intimate partner violence, it currently lacks a theory and history with which to deeply understand it. A failure to recognize the profound roots enabling economic abuse contributes to its perpetuation, trivialization, and marginalization in legal thought. Such a failure has broad implications for gender equality. This Article offers both a history and a theory with which to understand the phenomenon’s deep roots. …

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Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon Feb 2018

Surrogate Mothers, Gestational Carriers, And A Pragmatic Adaptation Of The Uniform Parentage Act Of 2000, John C. Sheldon

Maine Law Review

Recent medical advances that permit human conception without intercourse, in combination with sociological changes in our country, dramatically enlarge the population of adults who can produce or raise children. The legal price for this broadening of opportunity, however, is a diminishment of certainty: We are no longer sure whom we should identify as a child's parents. These are important questions, of course, because ready answers will quickly dampen disputes about custody and will immediately establish support obligations and the children's eligibility for health insurance, for inheritance, for Workers' Compensation benefits, and for Social Security survivor benefits. But as important as …

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The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson Feb 2018

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …

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Taming Title Ix Tensions, Naomi M. Mann Feb 2018

Taming Title Ix Tensions, Naomi M. Mann

Faculty Scholarship

The appropriate parameters for sexual assault disciplinary proceedings in public colleges and universities have historically been hotly contested. In recent years, the debate has focused on two competing sets of rights—the more established Title IX rights of the victim and the evolving constitutionally-based procedural due process rights of the accused. This debate over whose rights should be prioritized—those of the victim or those of the accused—is a classic civil rights enforcement dynamic. How can educational institutions effectuate the equality mandate of Title IX while not infringing on the constitutionally-based procedural due process rights of the accused? The Executive Branch, through …

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Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick Jan 2018

Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

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