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Articles 5671 - 5700 of 8352

Full-Text Articles in Law and Gender

Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas Jan 2006

Divesting From The Apartheid Of The Closet: Toward An Enriched Legal Discourse Of Sexual And Gender Identity, Jennifer M. Protas

McGeorge Law Review

No abstract provided.

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Gender And Constitutional Design, Paula A. Monopoli Jan 2006

Gender And Constitutional Design, Paula A. Monopoli

Faculty Scholarship

Does the allocation of power between the legislative and executive branches, and the way we define the scope of the executive affect whether women ascend to executive office? In this article, Professor Monopoli argues that the constitutional process of boundary-drawing between the legislative and executive branches of government has implications for how successful women will be in ascending to executive positions. She posits that the Hamiltonian vision of an expansive executive with plenary power is the model least likely to result in women’s ascending to executive office. The essay traces the philosophical heritage of Hamilton’s vision and outlines the empirical …

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Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow Jan 2006

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow

Faculty Publications

John Wertheimer, the author of “Gloria’s Story,” has produced a complex and absorbing text that skillfully guides the reader through the microhistory of Gloria’s concubinage to an enhanced appreciation of the greater legal, social, and institutional forces at play in mid-twentieth century Guatemala. Using Gloria’s story to shift into more general observations about law and society in Guatemala, Wertheimer states that laws can “affect behavior by establishing incentives and disincentives for different types of action and by reinforcing or undermining different values.”1 Wertheimer reads the legal records involving Gloria and her family to write her story from the dominant critical …

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Bringing Women In: Global Strategies For Gender Parity In Political Representation, Yvonne Galligan Jan 2006

Bringing Women In: Global Strategies For Gender Parity In Political Representation, Yvonne Galligan

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

No abstract provided.

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Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza Jan 2006

Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza

Faculty Scholarship

No abstract provided.

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Spring 2006, Issue No.2 Jan 2006

Spring 2006, Issue No.2

ADVANCE Library Collection

No abstract provided.

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Women And Microfinance: Why We Should Do More, Elissa Mccarter Jan 2006

Women And Microfinance: Why We Should Do More, Elissa Mccarter

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

No abstract provided.

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Put Me In Coach!: Title Ix Has Taken Female Athletes Off Of The Sidelines And Into The Game, But How Can Current Progress Be Advanced In The Future?, Jennifer Passannante Jan 2006

Put Me In Coach!: Title Ix Has Taken Female Athletes Off Of The Sidelines And Into The Game, But How Can Current Progress Be Advanced In The Future?, Jennifer Passannante

Women’s Law Forum (2000-2006)

Title IX was originally promulgated to establish equal opportunity for both men and women in federally funded programs. Although it was originally enacted for much broader purposes, Title IX is still considered the single most important piece of legislation promoting equal opportunities for females in interscholastic and intercollegiate athletics. Unfortunately, despite Title IX, women still lag behind men in nearly "every measure of collegiate athletic equality." This article will focus specifically on Title IX's progress to date in creating athletic opportunities for women, its inadvertent consequences affecting male athletes, and means of achieving increased success in the future. Part II …

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Casenote: Turn To Face The Change: The Sixth Circuit Court Of Appeals Requires Michigan High School Athletic Association To Change Scheduling Practices Because Of Gender Discrimination In Communities For Equity V. Michigan High School Athletic Ass’N., Inc, Ryan Fandetti Jan 2006

Casenote: Turn To Face The Change: The Sixth Circuit Court Of Appeals Requires Michigan High School Athletic Association To Change Scheduling Practices Because Of Gender Discrimination In Communities For Equity V. Michigan High School Athletic Ass’N., Inc, Ryan Fandetti

Women’s Law Forum (2000-2006)

Recently, there has been an array of legal challenges to the scheduling of sports seasons by high school athletic associations. These challenges are based on the argument that traditional schedules discriminate based upon gender. One particular legal battle concerning athletic scheduling is currently being fought in Michigan in Equity v. Michigan High School Athletic Ass’n., Inc, 377 F.3d 504 (6th Cir., 2004). This note will track their legal battle over the sports seasons in Michigan, and critique the recent Sixth Circuit decision affirming a district court ruling for CFE. Part two of this note will focus on the facts of …

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Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld Jan 2006

Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld

Law Publications

No abstract provided.

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Denial, Antoinette M. Sedillo Lopez Jan 2006

Denial, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

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Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya Jan 2006

Defending The Future Voices Of Critical Race Feminism, Margaret E. Montoya

Faculty Scholarship

No abstract provided.

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Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger Jan 2006

Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger

Fordham Urban Law Journal

This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.

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Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker Jan 2006

Reexamining The Gender Implications Of Campaign Finance Reform: How Higher Ceilings On Individual Donations Disproportionately Impact Female Candidates, Ashley Baker

The Modern American

No abstract provided.

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Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar Jan 2006

Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield Jan 2006

Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield

UIC Law Review

No abstract provided.

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Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona Jan 2006

Manson V. Brathwaite: The Supreme Court's Misunderstanding Of Eyewitness Identification, 39 J. Marshall L. Rev. 539 (2006), Ruth Yacona

UIC Law Review

No abstract provided.

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No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness Jan 2006

No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness

UIC Law Review

No abstract provided.

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If You Love Me Dear, Please Sign Here: Will The "Love Contract" Play A Role In Protecting Employers From Sexual Harassment Liability?, 40 J. Marshall L. Rev. 311 (2006), Jessica Lynn Mok O'Neill Jan 2006

If You Love Me Dear, Please Sign Here: Will The "Love Contract" Play A Role In Protecting Employers From Sexual Harassment Liability?, 40 J. Marshall L. Rev. 311 (2006), Jessica Lynn Mok O'Neill

UIC Law Review

No abstract provided.

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Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas Jan 2006

Reconceptualizing Domestic Violence In India: Economic Abuse And The Need For Broad Statutory Interpretation To Promote Women's Fundamental Rights, Pami Vyas

Michigan Journal of Gender & Law

This Article explores the reconceptualization of domestic violence in India through an analysis of the economic abuse provision of the recently passed Domestic Violence Act. The author argues that although India has taken a significant step towards advancing women's rights by characterizing economic abuse as a form of domestic violence, effective implementation of the law requires a broad interpretation of the economic abuse provision. To be consistent with the purpose of the statute and India's constitutional and international human rights obligations, "economic abuse" must be interpreted broadly to include the deprivation of a woman's control over her economic resources. Economic …

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Annotated Legal Bibliography On Gender Jan 2006

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Looking At Trafficking Through A New Lens, Nilanjana Ray Jan 2006

Looking At Trafficking Through A New Lens, Nilanjana Ray

Cardozo Journal of Equal Rights & Social Justice

The article critiques existing frameworks for understanding and combating human trafficking, arguing that they are overly narrow and fail to address the root structural causes of trafficking, such as poverty, inequality, and lack of opportunities. It advocates for a more comprehensive approach that considers trafficking as a symptom of broader societal and economic issues, requiring global action to address these underlying conditions.

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From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer Jan 2006

From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer

Cardozo Journal of Equal Rights & Social Justice

The article argues that popular movies like Legally Blonde and Miss Congeniality perpetuate harmful gender stereotypes by depicting women as needing to conform to traditional notions of femininity or masculinity to succeed in male-dominated professions. These portrayals contradict the protections provided by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The article contends that such films send the wrong message by suggesting women must change themselves to fit societal expectations rather than challenging those expectations.

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The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma Jan 2006

The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma

Human Rights Brief

No abstract provided.

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Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum Jan 2006

Parity/Disparity: Electoral Gender Inequality On The Tightrope Of Liberal Constitutional Traditions, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this article examines Parity's strangeness to United States observers. United States sex discrimination law ignores political representation issues. United States voting rights law contains no provisions for gender inequality. Most importantly, leading United States thinkers of all stripes roundly reject quotas. Part II details the Parity debate and its relationship to French democracy. The democracies of the United States and of France share Eighteenth Century Enlightenment origins. They also share some form of universalism (labeled “neutrality” in the United States by Cass Sunstein) establishing the equality of all citizens before the law. Parity serves as a good …

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No Penis, No Problem, Kay L. Levine Jan 2006

No Penis, No Problem, Kay L. Levine

Fordham Urban Law Journal

Over the past century and a half, the gendered essence of statutory rape has become deeply embedded in the purpose of the statute, extending its tentacles far beyond the statutory language, such that we can no longer extricate the male-on-female image from the formal law's requirements for prosecution. The reality of statutory rape is, however, far more complex than the traditional gender construct implies. Female sex abusers and male victims exist, in substantial numbers and varieties. Part I documents the statutory rape law's gendered essence, explaining the formal law's traditional gendered classification scheme, the Supreme Court's approval of that approach, …

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Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm Jan 2006

Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm

Fordham Urban Law Journal

This article explores whether motherhood may have any restorative effect on prostitution. Section I provides an overview of the crime of prostitution. It analyzes the underlying themes of autonomy, power, authority, and control, and considers whether prostitution is an example of the ultimate loss of these qualities, or an exercise of complete freedom and liberty in autonomy. Section II discusses how motherhood affects the life of a prostitute. It analyzes current social science research and studies and explores maternal responsibilities in terms of potential work interruption, new personal roles, and anxieties associated with the work/family/crime triad. It also considers the …

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Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna Jan 2006

Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna

Fordham Urban Law Journal

This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …

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The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell Jan 2006

The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell

Fordham Urban Law Journal

Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed de facto criminal perpetrators. However, drug use falls short of being prima facie evidence of intent to harm, particularly in social circumstances where drug-using economics are endemic. The cases in this article signal the limits of tolerance and the increasingly conditional nature of public welfare provision by raising the specter of a generation of urban mothers - and grandmothers - unable to care for their kids. These cases also reflect the policy-making role into which hospitals and the courts have stepped in the …

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Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport Jan 2006

Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport

Fordham Urban Law Journal

This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …

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