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Articles 5461 - 5490 of 8352

Full-Text Articles in Law and Gender

Preserving The Seeds Of Gender Fluidity: Tribal Courts And The Berdache Tradition, Andrew Gilden Jan 2007

Preserving The Seeds Of Gender Fluidity: Tribal Courts And The Berdache Tradition, Andrew Gilden

Michigan Journal of Gender & Law

This Article outlines the particular cultural characteristics giving rise to traditional berdachism, the means by which American policies fostered their decline, and the Navajo tribal courts' re-infusion of these characteristics into contemporary jurisprudence. By tracking the interplay between the traditional values of child autonomy, gender equality, and tribal collectivism, the rise, fall and potential reemergence of the berdache tradition can be analyzed as resulting from shifts in its determinative cultural elements.

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Refusal To Dispense Emergency Contraception In Washington State: An Act Of Conscience Or Unlawful Sex Discrimination?, Dana E. Blackman Jan 2007

Refusal To Dispense Emergency Contraception In Washington State: An Act Of Conscience Or Unlawful Sex Discrimination?, Dana E. Blackman

Michigan Journal of Gender & Law

This Article will demonstrate that a pharmacist's refusal to fill a valid prescription for emergency contraception constitutes sex discrimination and violates the WLAD. Part I explains the nature and function of emergency contraceptive pills (ECPs) as well as their role in basic health care for women and the importance of their accessibility. Part II addresses federal civil rights protections and the failure of these protections to provide relief for women facing refusals. Focusing on the WLAD, Part II also explains how state public accommodation statutes protect women from discrimination in places of public accommodation. It further sets forth the prima …

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Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford Jan 2007

Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford

Michigan Journal of Gender & Law

Part I of this Article explores the general themes of third-wave feminist writings. The Article begins with an overview of third-wave feminist literature and its predominant concerns. These concerns are (1) dissatisfaction with earlier feminists; (2) the multiple nature of personal identity; (3) the joy of embracing traditional feminine appearance and attributes; (4) the centrality of sexual pleasure and sexual self-awareness; (5) the obstacles to economic empowerment; and (6) the social and cultural impact of media and technology. Textual analysis reveals third-wave feminists' reliance on non-legal tools for remedying gender inequality. Although third-wave feminists acknowledge the law's role in women's …

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Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa Jan 2007

Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa

Human Rights Brief

No abstract provided.

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Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta Jan 2007

Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta

Cleveland State Law Review

This article first examines the creation of Title IX legislation. Then the article argues that " Title IX has had a massive impact on America's sport programs. But the debate continues, and perhaps will always continue, as long as there is inadequate funding to make the achievement of equity easy; as long as powerful members of one sex view exclusive access to sport as their chromosomal birth right; as long as administrators favor one sport over providing the benefits of athletics participation to a broader proportion of the student body; as long as the cake is not cut evenly."

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Progressive Lawyering In Politically Depressing Times, Susan Carle Jan 2007

Progressive Lawyering In Politically Depressing Times, Susan Carle

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Susan Sturm's important work offers a ray of optimism in a contemporary political climate most people of progressive inclinations find somewhat depressing. Sturm examines new models for bringing about institutional re- form without extensive management from legislatures or courts. As Sturm recognizes, resort to litigation as a strategy for increasing gender parity in employment is not a promising option these days, for several sets of reasons. First, as Sturm has explained in an earlier pathbreaking article, judicial decrees are not well suited to addressing "second generation" problems of structural reform of institutions, such as eliminating manifestations of race and …

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Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford Jan 2007

Toward A Third-Wave Feminist Legal Theory: Young Women, Pornography And The Praxis Of Pleasure, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This article critically examines a growing body of non-legal writing by women who have proclaimed a third-wave of feminism and suggests the ways that legal theory might be enriched by this work. Scholars typically label the nineteenth-century woman suffrage movement as the first wave of feminism, and view the legal and social activism of the 1970s as the second wave of feminism. The third wave of feminism, with its intellectual origins in the response to the Clarence Thomas Senate confirmation hearings, is a reaction to the popular stereotype that feminists are humorless man-haters. Third-wave feminists proclaim their difference from second-wave …

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The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre Jan 2007

The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre

Michigan Journal of Gender & Law

Part I of this Article discusses the history and development of sex testing and drug testing and argues that the two are both historically and ideologically linked. Part II examines the current Code in detail and argues that the Code's focus on hormone-based controls acts to police sex and gender in Olympic athletes, thereby extending historical sex testing practices to a new era. This Article ultimately concludes that without recognizing and addressing the need for further research into the role of "sex" hormones in the body and the interplay of social context and biological circumstances, the IOC cannot maintain an …

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Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks Jan 2007

Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks

Articles

No abstract provided.

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The Trial Of Susan B. Anthony For Illegal Voting, Douglas O. Linder Jan 2007

The Trial Of Susan B. Anthony For Illegal Voting, Douglas O. Linder

Faculty Works

More than any other woman of her generation, Susan B. Anthony saw that all of the legal disabilities faced by American women owed their existence to the simple fact that women lacked the vote. When Anthony, at age 32, attended her first woman's rights convention in Syracuse in 1852, she declared that the right which woman needed above every other, the one indeed which would secure to her all the others, was the right of suffrage. Anthony spent the next fifty-plus years of her life fighting for the right to vote. She would work tirelessly: giving speeches, petitioning Congress and …

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The Constitution As Idea: Describing - Defining - Deciding In Kelo, Marc L. Roark Jan 2007

The Constitution As Idea: Describing - Defining - Deciding In Kelo, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Forward, Rebecca Green, Lauren Whittemore Jan 2007

Forward, Rebecca Green, Lauren Whittemore

UC Law SF Journal on Gender and Justice

No abstract provided.

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Trans-Phobia And The Relational Production Of Gender, Elaine Craig Jan 2007

Trans-Phobia And The Relational Production Of Gender, Elaine Craig

UC Law SF Journal on Gender and Justice

This Article posits that gender identity is in large measure produced relationally and that due to the interpretive, relational nature of gender production many experience gender transgression in others as disruptive to their own sense of identity. It suggests that this results in much of the legal discrimination and oppression faced by individuals whose gender presentation does not conform with dominant gender norms. It further suggests that the disruption in the face of gender transgression is produced by the binary model itself and proposes legal strategies that will assist in a non-binary re-conceptualization of gender.

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Sex, Trust, And Corporate Boards, Joan Macleod Heminway Jan 2007

Sex, Trust, And Corporate Boards, Joan Macleod Heminway

UC Law SF Journal on Gender and Justice

This Article collects and interprets social science research on sex and trust to shed new light on the emerging case for gender diversity on corporate boards. Specifically, the Article describes social science research findings indicating (1) that men and women trust and are trustworthy on different bases; and (2) that there is a bias against women in chief executive officer (and potentially other corporate leadership) positions. Based on this research, the nature of corporate management and control, and current legal scholarship on corporate governance, the Article asserts that gender diversity on corporate boards may be desirable but difficult to attain. …

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Ten Years Of Resistance To Coercive Population Control: Section 601 Of The Iirira Of 1996 To Section 101 Of The Real Id Act Of 2005, Jamie Jordan Jan 2007

Ten Years Of Resistance To Coercive Population Control: Section 601 Of The Iirira Of 1996 To Section 101 Of The Real Id Act Of 2005, Jamie Jordan

UC Law SF Journal on Gender and Justice

As a result of China's enactment of the one-child policy in the 1970s, the United States was confronted with a new type of asylum applicant: Chinese citizens who were seeking asylum based on a coercive population control scheme. This Note reviews the United States' attempts to cope with this influx of Chinese asylum applicants. The first section describes the one-child policy and the coercive methods with which it was implemented. Section two outlines how the United States has attempted to offer some protection under its asylum laws to those who have fled China to avoid the one-child policy . Finally, …

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Who Was That Mother's Son, Alan Laird Jan 2007

Who Was That Mother's Son, Alan Laird

UC Law SF Journal on Gender and Justice

No abstract provided.

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I Had A Dream, J. K. D. Jan 2007

I Had A Dream, J. K. D.

UC Law SF Journal on Gender and Justice

No abstract provided.

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Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back Jan 2007

Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back

UC Law SF Journal on Gender and Justice

Is the difference between abortion and fetal homicide the pregnant woman's choice-or the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. Although the state has legitimate interests in protecting women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. This Note explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide …

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Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre Jan 2007

Big Love: Is Feminist Polygamy An Oxymoron Or A True Possibility, Michele Alexandre

UC Law SF Journal on Gender and Justice

For the past few decades, Islamic reformists have attempted to reverse patriarchal set-ups in Islamic practices. In light of these efforts, the time is ripe to consider what role women's agency will play in the implementation of such reforms. The way we account for agency in advocating for women's rights is an issue with which feminist legal scholars struggle. It has been explored particularly when analyzing women's rights in the area of pornography and prostitution. As the reform movements in Islamic law become concrete, similar explorations will have to take place. Agencydriven explorations in the area of Islamic law will …

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Forward, Lauren Whittemore, Rebecca Green Jan 2007

Forward, Lauren Whittemore, Rebecca Green

UC Law SF Journal on Gender and Justice

No abstract provided.

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Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl Jan 2007

Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl

UC Law SF Journal on Gender and Justice

This Article is an update to the report entitled Getting Away With Murder: Guatemala's Failure to Protect Women and Rodi Alvarado's Quest for Safety, published by the Center for Gender & Refugee Studies (CGRS) in November 2005, and by the Hastings Women's Law Journal in its Summer 2006 issue. That report explored the root causes of why Guatemalan women are forced to seek asylum in order to escape violence in their home country, and offered recommendations to the Guatemalan government. In this Article, the author argues that the Guatemalan government has made only limited progress in addressing the problem of …

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Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross Jan 2007

Eviction, Discrimination, And Domestic Violence: Unfair Housing Practices Against Domestic Violence Survivors, Kristen M. Ross

UC Law SF Journal on Gender and Justice

Domestic violence survivors are victimized a second time when they are refused available housing or evicted from their homes because of the domestic violence committed against them. Although allowing a domestic violence survivor to remain on the property may, in certain rare incidents, pose a threat to other tenants, evicting the survivor is an extreme measure, and is unjust. This Note discusses the potential liabilities that may arise against landlords who rent to domestic violence survivors and show why such liabilities do not warrant discrimination. This Note further examines the inadequacy of state and federal laws in protecting domestic violence …

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A Literate Dyslexic, M. L. Fraser Jan 2007

A Literate Dyslexic, M. L. Fraser

UC Law SF Journal on Gender and Justice

No abstract provided.

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Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley Jan 2007

Marital Rape: A Unique Blend Of Domestic Violence And Non-Marital Rape Issues, Morgan Lee Woolley

UC Law SF Journal on Gender and Justice

Marital rape is frequently treated within the frameworks of domestic violence and non-marital rape. However, social attitudes and legislation regarding domestic violence are often caught in a tension between family privacy and victim/survivor protection, whereas non-marital rape is often lodged between problems of consent and evidentiary proof. Thus, subsuming marital rape under either paradigm, to assess marital rape as we would treat domestic violence or non-marital rape, fails to account for the unique circumstances and consequences of rape that is perpetrated by one's own spouse. This Note addresses those unique circumstances and takes a look at current marital rape legislation …

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A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck Jan 2007

A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck

Faculty Publications

This Article will discuss the mechanics of putative father registries, review jurisdictional issues, analyze the policies behind their development, and review relevant case law over the last 5 years.

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The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry Jan 2007

The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry

Law Faculty Articles and Essays

Section One of this Article discusses the effect of drug policy on the detention and confinement of pregnant women. This section also outlines three types of "fetal protection measures" that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health and examines the legal rationales behind these mechanisms. Section One then questions whether detention is an effective way to reach the state's articulated goal of better fetal outcomes. Section Two offers a discussion of the constitutional rights at issue. This section addresses the ways in which detention violates two essential components of women's rights: …

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Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna Jan 2007

Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna

Michigan Journal of International Law

This Note assesses the practices of pre-implantation and prenatal genetic screening and sex-determination through an international human rights framework founded in the Universal Declaration of Human Rights (Universal Declaration), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

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Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh Jan 2007

Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh

Cleveland State Law Review

My purpose here today is to look at some of the legislative history of Title IX, and perhaps some of the details that never made it into the Congressional Record, and also to include my personal involvement in it. I do that with some fear and trepidation because it sounds like one is puffing himself up.It is fair to ask, “How can a kid who grew up on a corn and soybean farm, raising pigs and hogs and cattle and calves, chickens, how in the world could he ever get to be a United States Senator, let alone become involved …

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Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler Jan 2007

Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler

Cleveland State Law Review

This article is a longer version of two speeches, one given at Women Rock: Title IX Academic and Legal Conference held at Cleveland State University on March 30, 2007 sponsored by McDonald Hopkins LLC, and one given in San Francisco at an Equal Rights Advocates fundraiser on June 8, 2007. In this article, the author takes the reader through her personal journey to reach Women's Equality in a world before Title IX. Through these experiences, she has become an integral part in the creation of Title IX legislation.

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Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry Jan 2007

Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry

Cleveland State Law Review

This article focuses on Title IX and women's continuing struggle to secure equal opportunity on the playing fields. But athletics is not unique. Indeed, the lessons of Title IX in athletics, its importance to women and girls, and how the law has been shaped over the years by advocacy in each branch of government, apply to all the fields of endeavor that still remain only partially available to the young women of this nation. Women and girls continue to lag behind in the STEM (science, technology, engineering and math) fields, remain clustered in “traditionally female” programs such as cosmetology that …

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