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Articles 5701 - 5730 of 8352

Full-Text Articles in Law and Gender

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith

Fordham Urban Law Journal

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery. Part II situates the sexual abuse of women in custody and women slaves in their historical context. Part II also charts the creation of the first penitentiaries in the United States and the "Reform Movement," led by Quaker women who were also involved in the abolition movement, and later in the suffrage movement. It further examines the impact that women's entry into male prisons as workers in the 1970s and 1980s - pursuant to Title VII - had on the sexual abuse of …

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Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib Jan 2006

Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib

Fordham Urban Law Journal

Previous studies of the national landscape around the death penalty for women have identified and analyzed past themes and issues.22 This Article brings the analysis current through 2005, beginning with a reprise of the conversations about gender bias and disparity in the death penalty system. It appears that female offenders have always been treated differently from male offenders in the death penalty system, sometimes for reasons that are easily justifiable but too often simply because of sex bias. The next section of this Article explores the current death penalty era, identifying those women who have been sentenced to death, those …

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Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling Jan 2006

Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling

Fordham Urban Law Journal

This article describes Pauline Nyiramasuhuko's role in the Rwandan genocide and her case before the International Criminal Tribunal for Rwanda (ICTR). It explores a woman's ability to be equally involved in atrocities by exploring Pauline's case. Her case challenges the myth than women, by their nature, are incapable of being warriors, and that somehow their roles as women and mothers prohibit them from planning or participating in depraved violence.

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Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith Jan 2006

Rethinking Prison Sex: Self Expression And Safety, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.

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Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.

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Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox Jan 2006

Aals As Creative Problem Solver: Implementing Bylaw 6-4(A) To Prohibit Discrimination On The Basis Of Sexual Orientation In Legal Education, Barbara Cox

Faculty Scholarship

I wrote this article because it is important for the legal education community to understand the important leadership that the AALS has provided in lessening the discrimination that sexual minorities encounter in legal education, and to know of the challenges and problems it encountered in making Bylaw 6-4(a) into more than a membership requirement in name only.

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Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle Jan 2006

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Why Care About The History Of Women In The Legal Profession, Mary Clark Jan 2006

Why Care About The History Of Women In The Legal Profession, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang Jan 2006

Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socio-economic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking …

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The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang Jan 2006

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

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The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams Jan 2006

The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams

Scholarly Articles in Law Reviews & Journals

Court-ordered Cesarean sections are a relatively recent phenomenon in the intersection of law and medicine. Existing jurisprudence utilizes a legal balancing test when addressing conflicts that arise between physicians and patients regarding obstetrical treatment and care. The authors contend that courts' analyses lack a fundamental element - a bioethical framework. Therefore, the authors believe that in order to better assess such conflicts, courts should incorporate a bioethical framework such as the Georgetown mantra to help complement their legal analyses.

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The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman Jan 2006

The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article will expand upon the feminist critique by focusing on children's health as well as the health and liberty interests of their mothers. In the first part of this article, I examine the legal and cultural underpinnings of “fetal protection” and explore its current manifestations. In the second part, I place “fetal protection” in a broader context, documenting the ways in which American law currently promotes fetal life, while simultaneously neglecting the lives and health of born children. The third part of the article offers concrete recommendations about how government, both state and federal, can actually achieve the goal …

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Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis Jan 2006

Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis

Faculty Scholarship

In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.

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Opening Address, Sheila W. Wellington Jan 2006

Opening Address, Sheila W. Wellington

Maryland Law Review

No abstract provided.

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Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen Jan 2006

Roman Rape: An Overview Of Roman Rape Laws From The Republican Period To Justinian's Reign, Nghiem L. Nguyen

Michigan Journal of Gender & Law

The modern Western crime of rape is commonly defined as "[u]nlawful sexual activity (esp. intercourse) with a person (usu. a female) without consent and usu. by force or threat of injury," and it is often seen as an assault of the person's body and a violation of self-autonomy. However, this differs significantly from the conception of rape in ancient Rome. In fact, "there is no single word in... Latin with the same semantic field as the modern English word 'rape.'” For the Romans, the act of rape was covered under a variety of legal terms, but each of those words …

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A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto Jan 2006

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

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Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter Jan 2006

Victimizing The Abused?: Is Termination The Solution When Domestic Violence Comes To Work?, Nicole Buonocore Porter

Michigan Journal of Gender & Law

Part I of this article will discuss domestic violence, explaining the dynamics of domestic violence in an effort to shed light on why it is so difficult for a battered woman to leave the abusive relationship. This understanding is necessary for a sensitive and informed decision-making process. This Part will also discuss the magnitude of the effect that domestic violence has on the workplace. Part II will discuss a company's potential legal liability for: (a) wrongfully terminating the employee-victim and (b) failing to protect other employees (including, perhaps, the employee-victim herself) if the company does not terminate the employee-victim and …

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Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross Jan 2006

Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross

Articles

No abstract provided.

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Comments: Who Turned Out The Lights?: How Maryland Laws Fail To Protect Victims Of Domestic Violence From Third-Party Abuse, Anique Drouin Jan 2006

Comments: Who Turned Out The Lights?: How Maryland Laws Fail To Protect Victims Of Domestic Violence From Third-Party Abuse, Anique Drouin

University of Baltimore Law Review

No abstract provided.

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Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli Jan 2006

Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli

Maryland Law Review

No abstract provided.

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At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar Jan 2006

At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar

Maryland Law Review

No abstract provided.

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Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade Jan 2006

Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade

Maryland Law Review

No abstract provided.

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Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway Jan 2006

Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway

Maryland Law Review

No abstract provided.

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The Class Ceiling, Naomi Cahn, Michael Selmi Jan 2006

The Class Ceiling, Naomi Cahn, Michael Selmi

Maryland Law Review

No abstract provided.

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Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor Jan 2006

Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor

Maryland Law Review

No abstract provided.

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Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer Jan 2006

Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer

Maryland Law Review

No abstract provided.

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Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon Jan 2006

Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon

Maryland Law Review

No abstract provided.

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Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson Jan 2006

Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson

Maryland Law Review

No abstract provided.

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From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel Jan 2006

From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel

Maryland Law Review

No abstract provided.

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