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Full-Text Articles in Law and Gender

2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank Mar 2013

2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank

Mosakowski Institute for Public Enterprise

The youth of Massachusetts are of primary concern to legislators and citizens. This briefing report features three essays by experts — Fern Johnson, Deborah Frank, and Donna Haig Friedman — who focus on three aspects of children in need: children in foster care who need adoption, children who are hungry, and children who are homeless. Each report has further and more detailed suggestions for helping these children in need; below is a summary of the problems we face.

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That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh Mar 2013

That Thing That You Do: Comment On Joseph Massad’S 'Empire Of Sexuality', Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Massad’s thesis is simple, in fact, perfect in its simplicity. Empire is a terrible force that wants to penetrate, overpower and hegemonize. It has a center, a headquarters if you like, the West. It functions with two arms: capitalism (later neoliberal) and Euro-American hegemony. The first arm represents the objective drive of capital that transforms sites and cultures as it spreads the market in the shape of commodity exchange. It has become a universal system, Massad contends, though with varying effects on the center (West) from the periphery (rest). Whereas its march on the former has been totally transformative, in …

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Threats Demand Our Action, Margaret E. Montoya Mar 2013

Threats Demand Our Action, Margaret E. Montoya

Faculty Scholarship

Those of us who identify as progressive see this as a time when speaking up and engaging on public policy is our duty. I am writing to express my deep concern and dismay about the state of the federal government under Donald Trump. Like others, I have marched, donated, and joined Wednesday’s International Women’s Day protests against the administration of Donald Trump.

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Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers, Erin Davenport Mar 2013

Allen V. Totes/Isotoner Corporation: A Cautionary Tale For Breastfeeding Working Mothers, Erin Davenport

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

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Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz Mar 2013

Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz

San Diego International Law Journal

A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …

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Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman Mar 2013

Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman

Washington International Law Journal

The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …

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Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality), Kingsley R. Browne Mar 2013

Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality), Kingsley R. Browne

Law Faculty Research Publications

Common examples of perceived workplace inequality – the “glass ceiling,” the “gender gap” in compensation, and occupational segregation, among others – cannot be well understood if the explanation proffered for their existence is limited exclusively to social causes such as discrimination and sexist socialization. Males and females have, on average, different sets of talents, tastes, and interests, which cause them to select somewhat different occupations and exhibit somewhat different workplace behaviors. Some of these sex differences have biological roots. Temperamental sex differences are found in competitiveness, dominance seeking, risk taking, and nurturance, with females tending to be more “person oriented” …

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The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?, Anisa A. Somani Mar 2013

The Use Of Gender Quotas In America: Are Voluntary Party Quotas The Way To Go?, Anisa A. Somani

William & Mary Law Review

No abstract provided.

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"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed Feb 2013

"At The Hospital There Are No Human Rights": Reproductive And Sexual Rights Violations Of Women Living With Hiv In Namibia, Aziza Ahmed

Faculty Scholarship

This report documents the ongoing stigma and discrimination of women living with HIV in Namibia, building on prior findings and investigations on the subject, such as the 2008 research conducted by the International Community of Women Living with HIV/AIDS (ICW) and the Namibian Women’s Health Network (NWHN). The report, based upon both desk research and a field mission, examines the human rights situation related to sexual and reproductive health of women living with HIV, including the gravity and ongoing nature of forced and coerced sterilizations in Namibia. The report also provides evidence of violations of informed consent in the context …

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Sex Differences In Delinquency: An Analysis Of Juvenile Court Statistics, 1970-76, Darrell J. Steffensmeier, John H. Kramer Feb 2013

Sex Differences In Delinquency: An Analysis Of Juvenile Court Statistics, 1970-76, Darrell J. Steffensmeier, John H. Kramer

Pepperdine Law Review

No abstract provided.

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The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai Feb 2013

The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai

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

Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.

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California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor Feb 2013

California Expands Tort Liability Under The Novel Market Share Theory: Sindell V. Abbott Laboratories, N. Denise Taylor

Pepperdine Law Review

The California Supreme Court, in the novel and unprecedented case of Sindell v. Abbott Laboratories, eliminated the plaintiffs burden of identification of a negligent party, and thus the causation requirement, in a multiple party tort action. In the course of this decision, the court adopted the "market share" theory of liability which dictated in Sindell that nonidentifiable defendant-manufacturers of the generic drug DES would be liable for the damages in proportion to their share of business in the market. The author thoroughly examines various theories of recovery, such as "alternative liability," "concert of action" and "enterprise liability," which the court …

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Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker Feb 2013

Harris V. Mcrae: Whatever Happened To The Roe V. Wade Abortion Right?, Laura Crocker

Pepperdine Law Review

The controversial Roe v. Wade decision purportedly removed the abortion controversy from the political arena and set constitutional standards by which questions on the issue could be resolved. The enactment of the Hyde Amendment, a bill which generally forbids the use of Medicaid funds for abortions, was a recent political response to the abortion controversy. However, in the recent case of Harris v. McRae, the Supreme Court upheld the constitutionality of the Hyde Amendment and thus injected the abortion controversy back into the political arena. The author exhaustively examines the abortion controversy from the time of the Roe decision up …

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Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii Feb 2013

Wengler V. Druggists' Mutual Insurance Company: No More Skirting The Issue Of Sex Discrimination In Workers' Compensation Dependency Statutes, Teresa A. Saggese, Lawson A. Cox Ii

Pepperdine Law Review

No abstract provided.

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Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport Feb 2013

Rostker V. Goldberg: A Step Backward In Equal Protection, Or A Justifiable Affirmation Of Congressional Power?, Gilbert L. Purcell, Janet Rappaport

Pepperdine Law Review

The Supreme Court in Rostker v. Goldberg upheld a Congressional decision which excluded women from registration for service in the Armed Forces of the United States. Although the case was brought based upon equal protection grounds, the majority took a separation of powers stance and based its decision upon the fact that the Court has traditionally granted deference to the decisions of Congress in the area of military affairs. The minority opinions disagreed with the majority's analysis and claimed that the central issue in Rostker was not military in nature, but was that Congress' plan to register males only, promoted …

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Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner Feb 2013

Justice Stevens And The Emerging Law Of Sex Discrimination , John P. Wagner

Pepperdine Law Review

No abstract provided.

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Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein Feb 2013

Newport News Shipbuilding & Dry Dock Company V. Eeoc: Expanding The Scope Of Title Vii , Mark D. Klein

Pepperdine Law Review

Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act of 1978 prohibits sex discrimination on the basis of pregnancy. In Newport News Shipbuilding and Dry Dock Co. v. EEOC, the United States Supreme Court extended the scope of the Act to include not only female employees, but also female dependents of male employees. The author examines the Supreme Court's analysis of and the legislative intent behind the Pregnancy Discrimination Act and explores the future impact of the decision.

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The Rhetoric Of Choice: Restoring Healthcare To The Abortion Right, Yvonne F. Lindgren Feb 2013

The Rhetoric Of Choice: Restoring Healthcare To The Abortion Right, Yvonne F. Lindgren

Faculty Works

In 1973 the Supreme Court in Roe v. Wade both identified a constitutional right of abortion and asserted that, “the abortion decision in all its aspects is inherently, and primarily, a medical decision” to be made in consultation with a “responsible physician.” The Court thereby vested in doctors, instead of exclusively in women, the discretion to make the abortion decision. The Roe Court’s accommodation of the “medical model” of abortion reform was criticized for subordinating women’s constitutional rights to the judgment of their doctors. Since that time, the Court’s analysis has shifted to identify abortion exclusively as a right of …

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Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert Feb 2013

Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert

Michigan Law Review

Recent attempts to regulate Crisis Pregnancy Centers, pseudoclinics that surreptitiously aim to dissuade pregnant women from choosing abortion, have confronted the thorny problem of how to define commercial speech. The Supreme Court has offered three potential answers to this definitional quandary. This Note uses the Crisis Pregnancy Center cases to demonstrate that courts should use one of these solutions, the factor-based approach of Bolger v. Youngs Drugs Products Corp., to define commercial speech in the Crisis Pregnancy Center cases and elsewhere. In principle and in application, the Bolger factor-based approach succeeds in structuring commercial speech analysis at the margins of …

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"'Petitions Without Number": Widows' Petitions And The Early Nineteenth-Century Origins Of Public Marriage-Based Entitlements, Kristin Collins Feb 2013

"'Petitions Without Number": Widows' Petitions And The Early Nineteenth-Century Origins Of Public Marriage-Based Entitlements, Kristin Collins

Faculty Scholarship

Between 1792 and 1858, Congress enacted approximately seventy-six public law statutes granting cash subsidies to large classes of military widows. War widows’ pensions were not wholly unknown in Anglo-American law before this time, but the widows’ pension system of the early nineteenth century was distinctive in both scope and kind: Congress rejected the class-based approach that had characterized war widows’ pensions of the eighteenth century by pensioning widows of rank-and-file soldiers, not just widows of officers, and by extending pensions to widows of veterans. This significant equalization and expansion of widows’ pensions resulted in the creation of the first broad-scale …

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Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar Jan 2013

Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar

Pepperdine Law Review

The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.

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Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull Jan 2013

Reinforcement Of Middle Level Review Regarding Gender Classifications: Mississippi University For Women V. Hogan , Mary Ellen Shull

Pepperdine Law Review

In Mississippi University for Women v. Hogan, the United States Supreme Court was presented with an equal protection challenge initiated by a male who was denied admission to a state-supported all-female school of nursing. After a review of relevant decisions in this area, the author examines the Supreme Court's intermediate level of scrutiny analysis and argues that application of a higher level of scrutiny to gender-based classifications is a prerequisite to true equality between the sexes.

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Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler Jan 2013

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler

Pepperdine Law Review

No abstract provided.

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Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard Jan 2013

Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard

Other Publications

No abstract provided.

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Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost Jan 2013

Religious Freedom And Women's Health - Litigation On Contraception, Timothy Stoltzfus Jost

Scholarly Articles

Not available.

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The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman Jan 2013

The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman

Faculty Scholarship

Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.

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In Defense Of The Law Review: A Response To Megan S. Knize’S Article, The Pen Is Mightier: Rethinking The “Gladiator” Ethos Of Student-Edited Articles, Evelyn A. Grosenick Jan 2013

In Defense Of The Law Review: A Response To Megan S. Knize’S Article, The Pen Is Mightier: Rethinking The “Gladiator” Ethos Of Student-Edited Articles, Evelyn A. Grosenick

McGeorge Law Review

No abstract provided.

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State Interests And The Duration Of Abortion Rights, Randy Beck Jan 2013

State Interests And The Duration Of Abortion Rights, Randy Beck

McGeorge Law Review

No abstract provided.

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Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt Jan 2013

Bathroom Bias: Making The Case For Trans Rights Under Disability Law, Daniella A. Schmidt

Michigan Journal of Gender & Law

Disability law is one of the more successful tools currently being used to protect trans people fom discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated with medicalization of trans identity. After exploring the current state of the law on both the federal and state level, this Note will argue how disability law both could and should be used more often to further trans protections. In particular, this Note …

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Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley Jan 2013

Does The Constitution Protect Abortions Based On Fetal Anomaly?: Examining The Potential For Disability-Selective Abortion Bans In The Age Of Prenatal Whole Genome Sequencing, Greer Donley

Michigan Journal of Gender & Law

This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—-the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation …

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