Law and Gender Commons^™

Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson

Faculty Works

Introduction to the 2007 University of Missouri-Kansas City Law School’s inaugural Sports Law Symposium. The symposium created a forum that contributed to developing intellectual synergies among national sports law scholars, practicing sports law attorneys, athletic directors, coaches, sports industry professionals, and, importantly, student-athletes. The engagements created revolved around the theme of emerging legal issues affecting amateur and professional sports. The symposium featured scholarly presentations in the amateur and professional sports areas. Scholarly inquiry focused on a range of topics, from the economic and legal issues affecting the coaching profession to balancing gender and minority gender equity under Title IX. The …

Judging Sex In War, Karen Engle

Michigan Law Review

Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …

The Earth Turned To Bring Us Closer, Bruce L. Hay

Cardozo Law Review

No abstract provided.

The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy

All Faculty Scholarship

Reporting on recent research at Chicago-Kent Law School and supported by studies at other schools, a group of student panelists noted sharp differences in participation rates in class discussions and lower feelings of self-confidence among female students compared with their male counterparts.

The Ironical Exclusion Of Women From Harvard Law School, 1870–1900, Bruce A. Kimball, Brain S. Shull

Journal of Legal Education

No abstract provided.

Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

Women human rights defenders need to work closely with feminist human rights defenders; both groups must empower each other and promote gender-sensitization of other members of the rights movements against militarization.

Despite the fact that women’s human rights defenders in the women’s movements have brought about some positive legal changes for women’s human rights, there are political, economic and social patriarchal contexts, especially through militarization, that obstruct ideal legislation and enforcement to cover all areas which have been identified in international instruments, especially the Convention on the Elimination of All Discrimination against Women and the Declaration on the Elimination of …

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb

Cardozo Law Review

No abstract provided.

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Public Policy, Women, And Confinement: A Plea For Reasonableness, Peter M. Carlson

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

This veteran correctional administrator reviews the explosion of numbers of female offenders confined in the United States today. The article explores the myriad causes and effects of this shift in public policy and notes the negative impact of today's policy outcomes on individual offenders, correctional systems, and our society. The author argues for a modification of policy to a more rational approach to judicial sentencing.

The Caged Canary, Elizabeth Alexander

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

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are …

Women In Federal Prison: Pathways In, Programs Out, Kim White

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

One of the fastest growing populations in most correctional systems is female offenders and the impact of these rising numbers is significant. The author speaks to the rising female population numbers, the types of crimes and behaviors that lead to their incarceration, the characteristics of female offenders, the impact their incarceration has on their families and children, and how gender responsive programming is pivotal to their effective and successful reentry into society.

Women In Prison: International Problems And Human Rights Based Approaches To Reform, Jenni Gainsborough

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

The growth in prison populations is a world-wide phenomenon, and within the overall growth rate, many countries are seeing a disproportionate rate of increase among women. Despite differences in culture and resources, women everywhere face similar problems in prison systems, which have been designed primarily by and for men. These include sexual abuse, lack of appropriate medical care, loss of children and breakdown of families. The United States leads the world in both the overall size of its prison population and its rate of incarceration. Advocates for reform are increasingly turning to international human rights laws, standards and norms to …

Women And The Death Penalty: Racial Disparities And Differences, Harry Greenlee, Shelia P. Greenlee

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

The death penalty in America has been studied, discussed, and written about extensively. The vast majority of researchers, however, have focused their study of the death penalty, or capital punishment, on male prisoners. This article examines the data related to women on death row since 1973, with particular attention to similar problems that have been documented for men, while highlighting racial differences and/or racial disparities where found. The subjects were 157 women who received death row sentences, forty-nine women currently on death row, and the eleven women executed since 1973. The data demonstrated that some racial disparities do exist with …

Hard Labor: The Legal Implications Of Shackling Female Inmates During Pregnancy And Childbirth, Geraldine Doetzer

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

Despite international human rights guidelines that prohibit the practice, thirty-eight states and the Federal Bureau of Prisons currently allow corrections officials to shackle pregnant inmates during the third trimester of pregnancy. Of these, twenty-three states and the Bureau also allow restraints to be used during active labor. Only two state legislatures, Illinois and California, have addressed the issue of using physical restraints on pregnant inmates; the vast majority of states rely on corrections officials to craft policy.

This article analyzes both states' justifications for shackling policies as well as the Constitutional and human rights arguments that have been posed by …

The Interaction Of Customary Law And Microfinance: Women's Entry Into The World Economy, Shana Hofstetter

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

This note examines the complicated relationship between microfinance and customary law. Microfinance, the practice of giving small, collateral-free loans to the poorest members of society, has gained great popularity in the last thirty years. These loan programs specifically target women and use women's traditional emphasis on groups to ensure success. Customary law can hinder microfinance ventures because of the restrictions these laws place on women's roles and responsibilities. Case studies on the Dominican Republic, Morocco, and Bangladesh explore how individual customary laws can hinder microfinance programs and women's micro-businesses. This note also discusses how microfinance programs act as catalysts of …

Red Light, Green Light: Assessing The Stop And Go In The Advancement Of Women In The Legal And Business Sectors, Megan Erb

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

The purpose of this note is to identify the problems professional women have in building a career while caring for a family, and to provide the basis for creating a solution. Part I of this note addresses the various types of problems that force women out of the workplace, as well as the difficulties women have in reentering the job market. Part II of this note compares the alternative work schedules offered in the legal and business communities. Part III focuses on the success the business firms have had, with the help of business schools, in finding a practical solution …

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan

All Faculty Scholarship

No abstract provided.

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

Foreword To Abortion Under State Constitutions: A State-By-State Analysis, Ronald D. Rotunda

Law Faculty Books and Book Chapters

Foreword to Paul Benjamin Linton's "Abortion Under State Constitutions: A State-by-State Analysis".

Mothers, Babies And Jail, Rebecca Johnson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler

Scholarly Publications

No abstract provided.

Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow

Law Faculty Scholarship

[Excerpt] “My overarching reaction to Janet Halley's recent book, Split Decisions: How and Why to Take a Break from Feminism, can be summarized with a one sentence cliché: The perfect is the enemy of the good.' She holds feminism to a standard of perfection no human endeavor could possibly meet, and then heartily criticizes it for falling short. Though Halley's myriad observations about feminism occasionally resonated with my own views and experiences, ultimately I remain unconvinced that taking a break from feminism would, for me, be either justified or productive. But I did (mostly) enjoy reading it. Halley is well …

Bare Justice: A Feminist Theory Of Justice And Its Application To Post-Genocide Rwanda, Megan M. Carpenter

Law Faculty Scholarship

Within this Article I seek to develop a feminist legal theory of justice, by questioning the ability of traditional legal strategies to facilitate justice and identifying underlying principles that contribute to a more inclusive and holistic form of justice. Secondly, I apply this theory to the situation of women victims of sexual violence in post-genocide Rwanda, in an effort to explore how these principles can contribute to a realization of justice that empowers women.

In Part II of this Article, I seek to develop a set of principles underlying a feminist reconceptualization of justice. This endeavour is a three-step process: …

The First (Black) Lady, Verna L. Williams

Faculty Articles and Other Publications

Part I examines the role of First Lady, which has been undertheorized in legal scholarship, and how it promotes privileged white femininity, and in so doing, upholds patriarchy. Part II builds upon that discussion, explaining that the gender and racial norms that contribute to the traditional First Lady trope exemplify the intertwined nature of racism and sexism, which have been used to justify Black subordination. This section also examines how African Americans have embraced gender conformance as a way of attaining acceptance and status within the existing social order, specifically through the "Black lady" construct, which the campaign invoked to …

The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams

Faculty Articles and Other Publications

This article examines how race and educational equity issues shape women's sports experiences.

Irrational Exuberance For Babies: The Taste For Heterosexuality And Its Conspicuous Reproduction, Jose M. Gabilondo

Faculty Publications

This article targets a flying buttress of normative heterosexuality: its physical reproduction via procreation and its symbolic propagation through parents' pre-natal preferences for heterosexuality in future children. While the parental "taste for heterosexuality" is often asserted for the sake of future children themselves, this justification overlooks the role of parental self-interest, including anticipated social gains to parents from heterosexuality in children. Hence the taste sets the stage both for sexual orientation-based abuse of future children and the devaluation of sexual minority adults. Courts too have a taste for heterosexuality, shown here in two state court cases denying gays and lesbians …

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …

Unifying Disparate Treatment (Really), Martin J. Katz

Sturm College of Law: Faculty Scholarship

The Article will proceed in three parts. Part I will show the fragmented state of current disparate treatment law. Part II will demonstrate why this fragmentation is problematic as a normative matter, and why the I99I Civil Rights Act framework is superior to the Price Waterhouse and McDonnell Douglas frameworks. Part III will point the way toward a unified disparate treatment doctrine, in which all litigants will use the 1991 Act framework.

"It's Not Ok": New Zealand's Efforts To Eliminate Violence Against Women, Jeanmarie Fenrich, Jorge Contesse

Crowley Mission Reports

Over the last decade, New Zealand has made significant efforts to address an acute social problem—violence against women. In New Zealand, it is estimated that one in three women has been a victim of domestic violence. In an effort to combat the problem, New Zealand has enacted legislation and regulations which aim to prevent and eliminate domestic violence. It has also created visible public education campaigns calling upon people to stop “family violence” as it is called in New Zealand.