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Articles 5281 - 5310 of 8352

Full-Text Articles in Law and Gender

Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes Jan 2008

Latinas/Os' And The Politics Of Knowledge Production: Latcrit Scholarship And Academic Activism As Social Justice Action, Margaret E. Montoya, Francisco Valdes

Faculty Scholarship

In this article, Professors Montoya and Valdes examine various ways of developing Latina/o legal studies in the United States. As background, they first outline and examine the three main models of knowledge-production established within legal academia during the past century or so: 1) the traditional or imperial model; 2) the safe-space or vanguard model, and; 3) the big-tent or democratic model. Using this historical template to contextualize current efforts in Latina/o legal studies both substantively and methodologically, they next review the record of LatCrit theorists over the past dozen years. With this analytical framework in place, they situate the LatCrit …

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Making And Breaking Habits: Teaching (And Learning) Cultural Context, Self-Awareness, And Intercultural Communication Through Case Supervision In A Client-Service Legal Clinic, Antoinette M. Sedillo Lopez Jan 2008

Making And Breaking Habits: Teaching (And Learning) Cultural Context, Self-Awareness, And Intercultural Communication Through Case Supervision In A Client-Service Legal Clinic, Antoinette M. Sedillo Lopez

Faculty Scholarship

This Article begins by offering teaching objectives that can be used to focus supervision and education on effective representation of clients from different cultures as issues arise in the course of representation. The Article then discusses the context of student supervision and explains how case supervision sessions can be extremely effective moments during which to pursue those teaching goals. The Article next examines vignettes that grew out of cases handled by the University of New Mexico's Clinical Law Program.

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Culturally Effective Legal Interviewing And Counseling For The Mexican Immigrant - A Case Study, Antoinette M. Sedillo Lopez Jan 2008

Culturally Effective Legal Interviewing And Counseling For The Mexican Immigrant - A Case Study, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

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Combating Gender Inequities In Law School: Time For A New Feminist Rhetoric That Encourages Practical Change, Caitlin Howell Jan 2008

Combating Gender Inequities In Law School: Time For A New Feminist Rhetoric That Encourages Practical Change, Caitlin Howell

The Modern American

No abstract provided.

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Banding Together: Reflections Of 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 R. Abrams, Daniela Kraiem Jan 2008

Banding Together: Reflections Of 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 R. Abrams, Daniela Kraiem

The Modern American

No abstract provided.

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Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi Jan 2008

Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes Jan 2008

Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes

UIC Law Review

No abstract provided.

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"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.

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"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis Jan 2008

"Please Write 'E' In This Box" Toward Self-Identification And Recognition Of A Third Gender: Approaches In The United States And India, Jennifer Rellis

Michigan Journal of Gender & Law

Part I of this Article defines intersexuality and highlights the legal and societal complications that occur when the concept of the fixed male-female gender binary is challenged. Part II describes the unique role of the hijras in India, who are both revered and discriminated against, and suggests that India is beginning to legally recognize a third gender through the grassroots advocacy of the hijras. Part III contrasts the experience of intersexed individuals in the United States by describing the current protocol to deal with the "medical emergency" of the birth of an intersexed child. This section forecasts legal issues facing …

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Unusual Suspects: Recognizing And Responding To Female Staff Perpetrators Of Sexual Misconduct In U.S. Prisons, Lauren A. Teichner Jan 2008

Unusual Suspects: Recognizing And Responding To Female Staff Perpetrators Of Sexual Misconduct In U.S. Prisons, Lauren A. Teichner

Michigan Journal of Gender & Law

Despite the general public's ignorance of this issue of sexual misconduct perpetrated by female prison staff against male inmates, such stories are remarkably familiar to those who study or work in the world of prisons. The Prison Rape Elimination Act ("PREA") of 2003 mandated that the Bureau of Justice Statistics ("the Bureau") undertake new studies of sexual violence in prisons. Accordingly, the Bureau released a report in July 2006 revealing some groundbreaking data. Of the 344 substantiated allegations of staff-on-inmate sexual violence made in federal, state, and private prisons in 2005, 67% of the overall victims were male inmates and …

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The Lactating Angel Or Activist? Public Breatsfeeding As Symbolic Speech, Elizabeth Hildebrand Matherne Jan 2008

The Lactating Angel Or Activist? Public Breatsfeeding As Symbolic Speech, Elizabeth Hildebrand Matherne

Michigan Journal of Gender & Law

The only way to combat this stigma against public breastfeeding is through the act of breastfeeding in public. The author proposes that breastfeeding is a powerful act of symbolic speech vital for discarding one of the lingering shackles of women's inequality that triggers first amendment protection. Breastfeeding in public addresses this stigma by treating two ills at once: 1) greater public exposure to the practice decreases the severity of society's reactions, and 2) the less stares and confrontation that publicly nursing mothers receive, the more likely they will be to breastfeed, whenever or wherever their baby is hungry. This will …

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Annotated Legal Bibliography On Gender Jan 2008

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto Jan 2008

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

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Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Jan 2008

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …

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Banding Together: Reflections Of The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Daniela Kraiem, Jamie Rene Abrams Jan 2008

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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A Quest For Acceptance: The Real Id Act And The Need For Comprehensive Gender Recognition Legislation In The United States, Jason Allen Jan 2008

A Quest For Acceptance: The Real Id Act And The Need For Comprehensive Gender Recognition Legislation In The United States, Jason Allen

Michigan Journal of Gender & Law

This Article maintains that the Real ID Act highlights the need for U.S. federal gender recognition legislation in the mold of the GRA. Part II offers background into the psychology of transgender people, explaining how the medical community views and treats this "condition." Part III illustrates the fundamental value of gender recognition rights and examines the inadequacy of U.S. statutory and case law. This discussion then traces the evolution of the GRA in the United Kingdom as the culmination of a mandate from the European Court of Human Rights (ECHR). Part IV argues that the United States should adopt a …

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Signaling Through Board Diversity: Is Anyone Listening?, Kimberly D. Krawiec, Lissa Lamkin Broome Jan 2008

Signaling Through Board Diversity: Is Anyone Listening?, Kimberly D. Krawiec, Lissa Lamkin Broome

Faculty Scholarship

The ethnic and gender make-up of corporate boards has been the subject of intense public and regulatory focus in many countries, including the United States, in recent years. Of particular interest has been quantitative research on the impact, if any, of board diversity on corporate performance. This body of work leaves substantial gaps in our understanding of the precise mechanisms by which board diversity may alter the corporate environment, if indeed it does. In this Symposium, we discuss some preliminary findings from our first thirty-five of a series of confidential, semi-structured interviews of 45 to 90 minutes in length with …

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Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey Jan 2008

Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey

UIC Law Review

No abstract provided.

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Foreword, Amanda Kennedy Jan 2008

Foreword, Amanda Kennedy

UC Law SF Journal on Gender and Justice

No abstract provided.

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The Evolution Of Women's Rights In Inheritance, Kristine S. Knaplund Jan 2008

The Evolution Of Women's Rights In Inheritance, Kristine S. Knaplund

UC Law SF Journal on Gender and Justice

The Evolution of Women's Rights in Inheritance explores the period shortly after the passage of the Married Women's Property Acts, when women had increasing economic power and, in many jurisdictions, the right to execute wills without their husbands' consent. Through original research and comparisons with earlier and later studies, the author discovered ways in which women differed significantly from men. In addition, the author found an astonishing amount of litigation, including will contests, objections to accounts, and actions to quiet title in over twenty percent of the wills. This study fills in gaps in the legal literature in women's history …

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The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez Jan 2008

The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria Pabon Lopez

UC Law SF Journal on Gender and Justice

In 2004, the Indiana Supreme Court Race and Gender Commission undertook a large survey of lawyers' perceptions about women in the legal profession in order to assess which areas of gender bias have improved and which areas could stand improvement. This Article takes the data from this survey and interprets its significance for women in the profession and for the justice system overall. The Article compares the findings from the 2004 study of Indiana lawyers to the findings of a similar earlier Indiana study (conducted in 1990), and draws conclusions regarding the overall occurrence of gender bias in Indiana along …

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Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse Jan 2008

Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse

UC Law SF Journal on Gender and Justice

In light of recent American and Canadian case law granting legal parenting rights to three parents in same-sex headed families, this Article explores how the Uniform Parentage Act can be modified to accommodate multiple parenthood within this population subset. The author draws from Professor Nancy Dowd's scholarship on unbundling social and economic parenting rights to support social fatherhood. The author also analyzes existing methods by which same-sex couples may obtain parenting rights under American law and recent California precedents applying the Uniform Parentage Act to recognize two legal mothers. The Article proposes that Nancy Dowd's revisions to the Act, coupled …

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The Flood Of Pregnancy Discrimination Cases: Balancing The Interests Of Pregnant Women And Their Employers, Jennifer Yue Jan 2008

The Flood Of Pregnancy Discrimination Cases: Balancing The Interests Of Pregnant Women And Their Employers, Jennifer Yue

Kentucky Law Journal

No abstract provided.

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Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn Jan 2008

Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Spotlights: Mayda Colon Tsaknis, The Honorable Jeannie J. Hong, And Jennifer Maree, Sabrina Khan Jan 2008

Spotlights: Mayda Colon Tsaknis, The Honorable Jeannie J. Hong, And Jennifer Maree, Sabrina Khan

The Modern American

No abstract provided.

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Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin Jan 2008

Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin

Faculty Scholarship

The purpose of this article is to analyze and compare women lawyers in Germany with women lawyers in the United States: their legal education, gender proportion in the legal profession, work opportunities, satisfaction with professional choices, and role conflicts. 22 Part I of this article will describe Germany's legal education and compare it with U.S. legal education. Part II will review the literature and issues relevant to German women lawyers as compared with U.S. women lawyers and will summarize and analyze how societal attitudes have affected women's choices in Germany and in the United States. Part III will compare demographic …

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Bionormativity And The Construction Of Parenthood, Katharine K. Baker Jan 2008

Bionormativity And The Construction Of Parenthood, Katharine K. Baker

Georgia Law Review

This Article explores the relationship between legal and biological parenthood. It examines how neither history, nor biology, nor moral philosophy dictate a legal regime in which parenthood must be based on biological connection, but that attractionto a biological (or"bionormative")regime remains strong. In explaining why, it suggests that much of what attracts people to bionormativity is not biology itself, but the way in which a biological regime constructs parenthood as a private, exclusive, and binary enterprise. It is these ancillary qualities of bionormativity that people may care the most about. Today, a variety of forces put pressure on these ancillary qualities …

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One The Steps Of The Mosque: The Legal Rights Of Non-Marital Children In Egypt, Laura M. Thomason Jan 2008

One The Steps Of The Mosque: The Legal Rights Of Non-Marital Children In Egypt, Laura M. Thomason

UC Law SF Journal on Gender and Justice

This Note seeks to address the legal implications of being a non-marital child in Egypt and to parse out the legal discrimination from the social. It further explores Islam's influence on Egyptian law and whether the basic precepts of Islam are in part responsible for the legal treatment of nonmarital children in Egypt. Lastly, possible changes to the laws in Egypt are considered arising out of Egypt's ratification of the Convention on the Rights of the Child, the implementation of this convention, and how it may influence the rights of non-marital children.

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The Hpv Vaccination: Necessary Of Evil, Pauline Self Jan 2008

The Hpv Vaccination: Necessary Of Evil, Pauline Self

UC Law SF Journal on Gender and Justice

This Note discusses the recent Human Papillomavirus (HPV) vaccination, whether the vaccine should be mandated for minors and the vaccine's legal, and medical implications. Presently, there exists a unique opportunity to significantly reduce the rate of HPV-associated cervical cancer through anti-viral vaccination strategies using the HPV vaccine. Despite the apparent public health benefits of the HPV vaccine, the desire of some lawmakers to mandate the vaccine for schoolgirls has placed it at the center of political, medical, and moral jousting throughout the country. The multiple state and federal proposals as well as a state bill signed into law making the …

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Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa Jan 2008

Posthumour Children, Hegemonic Human Rights, And The Dilemma Of Reform - Conservations Across Cultres, Uche Ewerlukwa

UC Law SF Journal on Gender and Justice

This Article compares the unequal treatment of posthumous procreation in Africa and in the Western world within the contexts of jurisprudence and human rights discourse. Though customary law recognizes the legality of posthumous procreation in many parts of Africa, courts and international human rights advocates have condemned the practice as repugnant to public policy, public morality, and public health. The fact that comparable processes in the West have been ignored or even promoted suggests a double standard in human rights discourse, perhaps even an attempt to delegitimize non-Western customs while imposing Western values on non-Western societies. The Article urges cross-cultural …

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