Law and Gender Commons^™

Leitprinzip Gleichstellung?: 10 Jahre Gender Mainstreaming In Der Deutschen Bundesverwaltung, Susanne Baer, S. Lewalter, J. Gebbert

Articles

Gender Equality as a Guiding Principle? – 10 Years of Gender Mainstreaming in the Federal Administration of Germany The implementation of gender mainstreaming in the German federal administration from 1999 to 2009 is described from the perspective of actors of scientific consultancy. From the beginning the process of implementation was focused on the change of administrative routines. Important and innovative results were achieved in this field. But this approach had obvious limitations, because the relevance of objectives of gender equality for the work of each ministry was rarely discussed. Making gender equality a principle that guides the work of the …

From Queen Bees And Wannabes To Worker Bees: Why Gender Considerations Should Inform The Emerging Law Of Workplace Bullying, Kerri Lynn Stone

Faculty Publications

This Article submits that the documented phenomenon of workplace bullying operates to stymie the retention and advancement of women in the workplace Research documented in books like Queen Bees and Wannabes shows that as early as the schoolyard, males and females tend to socialize differently, engage in and resolve conflict with peers differently, and absorb bullying behavior differently. Girls often believe or are taught to believe that direct conflict or confrontation is unpalatable and tend to employ more passive aggressive means of engagement with foes. They often internalize and repress feelings that boys are more likely to express. Viewing the …

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott

Faculty Scholarship

In 2004, the Illinois legislature passed the Gestational Surrogacy Act, which provides that a child conceived through in vitro fertilization (IVF) and born to a surrogate mother automatically becomes the legal child of the intended parents at birth if certain conditions are met. Under the Act, the woman who bears the child has no parental status. The bill generated modest media attention, but little controversy; it passed unanimously in both houses of the legislature and was signed into law by the governor.

This mundane story of the legislative process in action stands in sharp contrast to the political tale of …

Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams

Faculty Scholarship

No abstract provided.

Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams

Faculty Scholarship

No abstract provided.

Pregnancy And Sex-Role Stereotyping: From ‘Struck’ To ‘Carhart’, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

The guarantee of equal protection of the laws extends to women as well as men. Yet for the first 100 years of the Fourteenth Amendment’s life, the Supreme Court never found a law unconstitutional on the grounds that it discriminated on the basis of sex. Between 1970 and 1980, social movement advocacy and brilliant litigation by Ruth Bader Ginsburg and others changed our constitutional law. Over the course of the decade, the Court extended the anti-stereotyping principle from discrimination on the basis of race to discrimination on the basis of sex. But fidelity to the principle had its limits. In …

Making People Illegal: What Globalization Means For Migration And Law, Catherine Dauvergne

All Faculty Publications

This book examines the relationship between illegal migration and globalization. Under the pressures of globalizing forces, migration law is transformed into the last bastion of sovereignty. This explains the worldwide crackdown on extra-legal migration and informs the shape this crackdown is taking. It also means that migration law reflects key facets of globalization and addresses the central debates of globalization theory. This book looks at various migration law settings, asserting that differing but related globalization effects are discernible at each location. The ‘core samples’ interrogated in the book are drawn from refugee law, illegal labor migration, human trafficking, security issues …

Chief Justice Lamer's Leadership In Feminist Times, Catherine Dauvergne

All Faculty Publications

In this paper, the author constructs a feminist retrospective on Chief Justice Antonio Lamer's career in three stages. First, she reviews the content of his written decisions from a feminist perspective. Second, she looks at his position in a number of the key decisions for feminists, and finally she looks briefly at the evolution in Chief Justice Lamer's writing about sexual assault during his time on the bench. At each stage the author aims to clearly describe her methodology and evidence relied upon, allowing readers to reach their own conclusion regarding Justice Lamer's engagement with feminist legal argument.

Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas

Faculty Journal Articles and Book Chapters

This article considers the gaps and obstacles in current law faced by the pregnant woman whose job duties may conflict with pregnancy's physical effects. While there is no inherent conflict between pregnancy and work, women in physically strenuous or hazardous occupations, from nursing to law enforcement, routinely confront situations in which they are physically unable to perform aspects of their job or, though physically able, they seek to avoid certain tasks or situations because of the potential risks to maternal or fetal health. The Pregnancy Discrimination Act of 1978 (PDA) broadly protects against "pregnancy discrimination," but it provides absolute rights …

"Trap"Ing Roe In Indiana And A Common-Ground Alternative, Dawn E. Johnsen

Articles by Maurer Faculty

Public discourse over abortion overwhelmingly focuses on whether the Supreme Court will overrule Roe v. Wade and states will again ban abortion. But at least since 1992, when the Court in Planned Parenthood v. Casey reaffirmed Roe's "central holding," certain moderate- sounding abortion restrictions - sometimes framed as reasonable compromise regulations - have posed a greater threat to women's reproductive health and liberty. This Essay examines one increasingly popular form of restriction: laws that regulate providers of abortion services in the name of advancing women's health, without actual health justification. Little-noted efforts to enact such restrictions in Indiana, during the …

Celebrating The Differences That Could Make A Difference: United States V. Virginia And A New Vision Of Sexual Equality, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Virginity Testing And South Africa's Hiv/Aids Crisis: Beyond Rights Universalism And Cultural Relativism Toward Health Capabilities, Erika George

Faculty Scholarship

In this Article, I explore the tension between the politics of culture and the rights of women and girls to equality, privacy, and sexual autonomy in the context of epidemic disease. Specifically, this Article examines the political debate surrounding the resurgence of virginity testing, its widespread popular support in certain communities, and the South African government's recent efforts to prohibit the practice. This Article argues that the current debate over virginity testing, which focuses on abolition or accommodation of the practice, is misguided and polarizing. It argues that these perspectives on the debate increase the likelihood that the problem causing …

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• A Law upon Which All Blessings are Predicated (David A. Thomas)
• The Lawyer as Peacemaker (Matthew B. Durrant)
• Women in the Law (Nan Barker)
• With Charity for All (Matthew S. Holland)

"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 Gender Bend: Culture, Sex, And Sexuality—A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations, this …

From Hillary Clinton To Lady Macbeth: Or, Historicizing Gender, Law, And Power Through Shakespeare's Scottish Play, Carla Spivack

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

Female rule was anomalous in the sixteenth century, therefore, Elizabeth I developed a complex set of symbols, rooted in claims traditionally made by male rulers, to legitimate her claim to rule. Nonetheless, her reign was anxiety-provoking, and this article argues that the years after her death saw a backlash against female power. Part of this backlash consisted of the reworking of the symbols Elizabeth had used. This article examines this process of revision in Shakespeare's play Macbeth and, later, in the responses of King James I to claims of demonic possession.

This article draws together three historical moments - Queen …

Banding Together: Reflections On The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Jamie Abrams, Daniela Kraiem

Scholarly Articles in Law Reviews & Journals

The Washington College of Law and the Women's Bar Association of the District of Columbia share an important historical connection; Ellen Spencer Mussey and Emma Gillett founded both institutions together, in 1898 and 1917, respectively. Mussey and Gillett were pioneers in legal education, legal reform, and the development of women lawyers. 2 More significant than the work they performed during their lives, however, is the legacy of activism, reform, and support that they ignited by founding two institutions that advance women in the law. These institutions have trained and supported generations of women lawyers through world wars and depressions, through …

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson

Campbell Law Review

This Article brings forth some general reflections on domestic work and the feminization of migration, with particular emphasis on the complex interrelation of immigration status, gender, class, and race that takes place in this context. In light of these reflections, the Article concludes by recommending the promulgation of additional national and international regulatory schemes designed to protect the human rights of domestic workers.

Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd

Cornell Law Faculty Working Papers

Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are both alive and …

“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot

Working Paper Series

The story of Alice Paul’s National Woman’s Party and its 1917 picketing campaign onbehalf of woman suffrage is almost unknown in legal circles. Yet the suffrage pickets were among the earliest victims of the suppression of dissent that accompanied the entry of the United States into World War I. Nearly forty years before the modern civil rights movement brought the concept of nonviolent civil disobedience to the forefront of American political discourse, the NWP conducted a direct action campaign at the very doorstep of the President of the United States, and they did so during a time of war.

In …

Women And The Law: Touro Law Center Symposium

Journal of Race, Gender, and Ethnicity

No abstract provided.

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background …

Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith

West Virginia Law Review

No abstract provided.

Sex And Globalization, Berta E. Hernández-Truyol

UF Law Faculty Publications

For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields—certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and seek to …

Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox

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

The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The analysis is embedded in feminist discourse on home, from traditional critiques of the association between women and home to evolving conceptions of the benefits and the burdens of home for contemporary feminist theory. This article traces the ideas of "home" and "homeownership" for American women and considers how it might …

Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman

Cardozo Journal of International and Comparative Law

The note argues that incorporating Alternative Dispute Resolution (ADR) techniques into asylum adjudications can enhance the fairness and accuracy of credibility determinations. It proposes a two-step process, including preliminary fact-finding and early neutral evaluation, to address challenges such as cultural differences, trauma, and adversarial dynamics.