Law and Gender Commons^™

Textual Harassment: A New Historicist Reappraisal, Hila Keren

ExpressO

This year marks the four hundredth anniversary of the Parol Evidence Rule, the rule that dictates that the interpretation of a written contract should be determined solely according to its text and not influenced by prior contradictory external information. This article uses the occasion to offer a fresh interdisciplinary view of the Rule. The analysis presents a unique contribution to the heated debate regarding the desired levels of formalism and textualism in present-day contract law, by using New-Historicist tools.

Unexplored aspects of the roots of the Rule are illuminated through an in-depth investigation of the first case of the contractual …

Reinventing Unchanged Andean Traditions, Terence N. D'Altroy

Cardozo Journal of International and Comparative Law

The article argues that Andean traditions and cultural property are not static but have been continually reinvented and adapted over time, challenging the common misconception that these elements have remained unchanged since pre-Columbian times. The author emphasizes the importance of understanding the dynamic and evolving nature of traditional knowledge and its relationship to power, history, and cultural identity in the Andean region. This understanding is crucial for addressing contemporary issues of cultural property and traditional knowledge in a region increasingly influenced by Westernization.

From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling

Faculty Works

The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

No More Waiting For Revolution: Japan Should Take Positive Action To Implement The Convention On The Elimination Of All Forms Of Discrimination Against Women, M. Christina Luera

Washington International Law Journal

In 1985, Japan ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), which requires the eradication of all legal, political, social and cultural structures that prevent women from enjoying full equality with men. Under CEDAW, Japan is legally obligated to strive for actual, not just formal, equality between men and women. CEDAW also requires States Parties to take positive action to achieve gender equality. Despite the Japanese government's apparent efforts to comply with CEDAW over the last two decades, gender equality remains a distant reality. On July 8, 2003, the Committee on the …

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1866, Danaya C. Wright

UF Law Faculty Publications

Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture and the recognition of women's legal rights. In 1857, The United Kingdom Parliament ("Parliament") created a new civil court to handle all divorce and matrimonial causes, removing the jurisdiction of: the ecclesiastical courts over marital validity; the Chancery over custody of children and separate estates; the royal courts over marital property; and Parliament over full divorce. The new Divorce and Matrimonial Causes Court, a wing of the admiralty and probate courts, would …

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright

University of Richmond Law Review

No abstract provided.

Tribal Jurisdiction And Domestic Violence: The Need For Non-Indian Accountability On The Reservation, Amy Radon

University of Michigan Journal of Law Reform

Domestic violence is a severe problem for tribes across the nation, as their female members are victimized at highly disproportionate rates compared to members of dominant society. Many tribes have sophisticated domestic violence codes to combat the problem, but they are powerless to prosecute the majority of those who will abuse Indian women: non-Indian men. In 1978 the Supreme Court stripped tribes of their power to prosecute non-Indians in criminal matters, which not only damaged tribal sovereignty but also meant the difference between a life free from abuse and one with constant fear, intimidation, and pain for Indian women.

The …

Are Single-Sex Schools Inherently Unequal?, Michael Heise

Michigan Law Review

In chess, a "fork" occurs when a player, in a single move, attacks two or more of an opponent's pieces simultaneously, forcing a necessary choice between unappealing outcomes. Similar to the potentially devastating chess move, single-sex public schooling forks many constitutionalists and feminists. Constitutionalists are forced to reexamine the "separate but equal" doctrine's efficacy, this time through the prism of gender. Although the doctrine - forged in the crucible of race and overcome in the monumental triumph we know as Brown v. Board of Education - rested dormant for generations, persistent (and increasing) single-sex education options are forcing scholars to …

If Women Don't Ask: Implications For Bargaining Encounters, The Equal Pay Act, And Title Vii, Charles B. Craver

Michigan Law Review

Last spring, Jennifer and Richard graduated from the same law school with similar backgrounds. Both were offered associate positions with the same law firm and a $75,000 starting salary. Jennifer enthusiastically accepted the firm's offer, but Richard was hesitant. He informed the hiring partner that comparable firms in this area were paying new associates $80,000 per year. The partner offered Richard a starting salary of $80,000, which he accepted. Felicia and Harold manage similar departments for an e-commerce business. They have similar backgrounds, and have been with this firm for the same number of years. When Harold meets with the …

Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato

San Diego International Law Journal

This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …

Battered Non-Wives And Unequal Protection Order Coverage: A Call For Reform, Judith A. Smith

ExpressO

Civil protection orders are effective, yet under-used weapons in the battle against domestic violence. In New York and in other states as well, civil orders of protection provide unique benefits and remedies to domestic violence victims that are in addition to, or that are in place of, the benefits the criminal system offers. They are under used in part because they are not available to all victims. In every state, the availability of civil protection orders is limited to those victims who are in certain defined relationships. While many states have expanded their definitions of the types of relationships that …

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Une Marche En Terrain Glissant, Janet E. Mosher

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Walking On Eggshells: Abused Women's Experiences Of Ontario's Welfare System, Janet E. Mosher

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Battling Gender Orthodoxy: Prohibiting Discrimination On The Basis Of Gender Identity And Expression In The Courts And The Legislatures, Carolyn E. Coffey

City University of New York Law Review

No abstract provided.

International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …

Faculty Members Weigh In On The Gender Divide In Academia, S. Keith Hargrove, Richard B. Pierce, Stephanie Shonekan, Teresa Reed

ADVANCE Library Collection

In 2001, a roundtable on gender disparities for female professors in higher education was held at the Massachusetts Institute of Technology. The focus of the roundtable was "how best to ensure women professors experience the same opportunities, recognition and rewards as their male counterparts." Some three years later, a few faculty members from various disciplines weigh in with various perspectives on the current state of the gender gap.

Gay And Lesbian Rights To Procreate And Access To Assisted Reproductive Technology, John A. Robertson

ExpressO

No abstract provided.

Correspondence: Letter, March 12, 2004 To Chairperson Phillips, Request To Serve As A Trustee Of The Jessie Ball Dupont Fund, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter from Dr. Saffy to Mary K. Phillips, Chairperson of the Nominating Committee applying to serve as a trustee of the DuPont Fund.

Legalization Of Prostitution In Thailand: A Challenge To Feminism And Societal Conscience, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

Thai society and the feminist movement have been bombarded with the (ir)rationality of economic greed, social ignorance and a patriarchal frame of thinking on the legalization of prostitution. Feminist ideology and societal conscience are hence being tested all over again. The issue of prostitution has been reduced to an issue of taxation for state income generation. Basically, the issue of legalizing prostitution is twofold, i.e., the decriminalization of prostituted women and the legalization of prostitution or decriminalization of the sex industry. The first of these points perceives that the prostituted women are victimized, exploited and violated, and thus should not …

Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn Stanchi

ExpressO

No abstract provided.

In Defense Of Paid Family Leave, Gillian Lester

ExpressO

In this article I defend state provision of paid family leave. Such a program would allow workers to take compensated time off work to care for a newborn infant or ill family member. I normatively ground my claim in the argument that paid leave would allow women, who have historically performed a disproportionate share of family caregiving labor, to participate more fully in the paid workforce. This enhancement in labor force participation, I argue, would in turn increase women's independence and capacity to determine the conditions of their lives. In taking this position, I distinguish myself from those who would …

When Daddy Doesn't Want To Be Daddy Anymore: An Argument Against Paternity Fraud Claims, Melanie B. Jacobs

ExpressO

No abstract provided.

Writings: Introduction Of Gloria Steinem, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Introduction of Gloria Steinem by Edna Saffy, Ph.D. – Jacksonville Women’s Network, February 19, 2004, Jacksonville Florida.

For Right To Live: A Constitutional Argument For Mandatory Preventative Health Care For Female Prisoners, Kendra D. Arnold

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

No abstract provided.

Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Law Is The Answer? Do We Know That For Sure? Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.