Law and Gender Commons^™

Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco

Human Rights Brief

No abstract provided.

Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan

Michigan Journal of International Law

Part of any Muslim's effort to return to their religious past usually involves an invocation of Islamic law, or what has been termed the Shari'ah. This Note intends to cursorily examine Islamic law-where it was, and where it is going. More specifically, this Note will examine a growing fracture within the Islamic community and how a fissure among so-called fundamentalists will ultimately influence an understanding of Islamic law.

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Scholarly Articles in Law Reviews & Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Introductory Remarks: The Burden Of Judicial Bypass Proceedings, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater

Scholarly Articles in Law Reviews & Journals

The gay moment is unavoidable. -Andrew Kopkind

Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …

Gendered Shades Of Property: A Status Check On Gender, Race & Property, Laura M. Padilla

Faculty Scholarship

This article explores the relationship between gender, race and property.Women in the United States continue to be economically disadvantaged, and women of color are even more disadvantaged. This article will open with a review of laws, past and present, which have shaped women's rights to own, manage and transfer property. It will then provide a status check of where women, including women of color, stand in the United States relative to the rest of the population vis-a-vis income and other indicators of economic well-being. The article will then discuss why economic inequality persists, trotting out the usual reasons of discrimination …

Does Ec Pregnancy And Maternity Legislation Create Equal Opportunities For Women In The Ec Labor Market? The European Court Of Justice's Interpretation Of The Ec Pregnancy Directive In Boyle And Lewen, Petra Foubert

Michigan Journal of Gender & Law

This article discusses the EC's legal accommodation of pregnancy in the workplace and the interpretation thereof by the European Court of Justice. The leitmotiv is the question to what extent such accommodation enhances women's position in the labor market. The suspicion being that, in a well-intentioned attempt to fight discrimination of women, the EC institutions entrench gender discrimination. In other words, in their attempt to fight sex discrimination (by accommodating pregnancy), the EC often places women in a position that confirms the traditional perception of women as childbearers and caregivers.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

Most Influential Woman In The Law Award, Cardozo Women's Law Journal

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Are You My Parent? Are You My Child? The Role Of Genetics And Race In Defining Relationships After Reproductive Technological Mistakes, 5 Depaul J. Health Care L. 15 (2002), Raizel Liebler

UIC Law Open Access Faculty Scholarship

Imagine that you are a married woman who wants to have a genetically related child with your husband. Your doctor tells you that you are infertile, and therefore you and your husband go to XYZ fertility clinic to receive in vitro treatment. You have your eggs harvested, your husband supplies sperm, and ten embryos are created. Five embryos are implanted in your uterus and five are frozen and kept by the fertility clinic for your later use. You successfully conceive and give birth to twins. You notice that the children you give birth to are of a different race than …

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth

Michigan Journal of International Law

This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.

(Dis)Embedded Women, Rhoda E. Howard-Hassmann

Michigan Journal of International Law

The position argued in this Article is that women's rights are individual rights. To explain this position, the Article will progress along the following arguments: 1) The dichotomy between Western individualism and non-Western collectivism is false. 2) Much of the debate regarding the role of women and women's rights confuses interest and identity. 3) Women do not necessarily constitute a social group. 4) "Women's" rights are actually universal human rights: they pertain mostly to women, but also to men. 5) The debate about whether women are a social group is rooted in part in differing conceptions of women's embeddedness in …

Treat Your Women Well: Comparisons And Lessons From An Imperfect Example Across The Waters, Rana R. Lehr-Lehnardt

Faculty Works

A young woman could not endure another night with the elderly man she was forced to marry, so she slipped out of the house and spent the night with the young man she had loved for years and desperately wanted to marry. When the woman's father learned of the illicit behavior, he entered the police station where she had sought refuge and fired four shots at her. He shed his daughter's blood to cleanse the family's honor. Jordan, 1999

A jealous husband returned home from an evening at the mosque and accused his pregnant wife of having an affair. The …

The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry

Law Faculty Articles and Essays

In Part II, I outline the values protected by the free exercise clause. I also analyze modern free exercise jurisprudence, ending with the status of religious exemptions from laws of general applicability since the Supreme Court's decision in Employment Division v. Smith, which severely limits the situations in which strict scrutiny will be applied to analyze government actions that compels a religious believer to act contrary to her beliefs. In Part III, I first discuss the law regarding the right to refuse medical treatment. I then explore the states' rationales for using the force of law on pregnant women who …

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins

Faculty Scholarship

Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …

For White Women: Your Blues Ain't Like Mine, But We All Hide Our Faces And Cry--Literary Illumination For White And Black Sister/Friends, Angela Mae Kupenda

Journal Articles

No abstract provided.

Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law

Michigan Journal of International Law

Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.

The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya C. Wright

UF Law Faculty Publications

This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …

Transformative Justice: Anti-Subordination Processes In Cases Of Domestic Violence, Donna K. Coker

Books and Book Chapters

No abstract provided.

Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Women In The Law: Milestones And Information, Colleen Kristl Pauwels

Historic Documents

Colleen Pauwels was the Director of the Jerome Hall Law for more than 30 years and wrote and researched about the history of the Maurer School of Law. This document details names and dates of major milestones of women in the law from 1892-1988.

Breaking Out: Vmi And The Coming Of Women By Laura Fairchild Brodie, Melissa Nimit

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

No abstract provided.

Sexual Harassment And Disparate Impact: Should Non-Targeted Workplace Sexual Conduct Be Actionable Under Title Vii?, Kelly Cahill Timmons

Faculty Publications By Year

No abstract provided.

Press Freedom And Public Forums, Arthur S. Leonard

Other Publications

No abstract provided.

Looking Back On Planned Parenthood V. Casey, Christina B. Whitman

Articles

Scholarship that tells us what is really at stake in the lives of people affected makes the law honest and responsive. Whether or not it directly shapes doctrine, this type of scholarship can capture imagination and influence judgment. The Michigan Law Review has published some of the best of this work: Yale Kamisar's articles on coerced confessions, Terry Sandalow's essay on affirmative action, Joe Sax and Phillip Hiestand's description of the emotional impact of living in a slum, Martha Chamallas and Linda Kerber's demonstration of how injuries that uniquely befall women have been dismissed as merely emotional wrongs, and, most …

Sex, Gender, And September 11, Hilary Charlesworth, Christine M. Chinkin

Articles

The October 2001 issue of the American Journal of International Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath. In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked.' In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions.' We use the term "sex" here to refer to issues about women as distinct biological beings from men, and the term "gender" to encompass social understandings of femininity and masculinity. …

Dissecting Axes Of Subordination: The Need For A Structural Analysis, Darren L. Hutchinson

Faculty Articles

This Essay addresses two important issues related to the task of unveiling and challenging the institutional nature of anti-gay bias. In Part II, this Essay explains in greater detail how a structural analysis of judicial bias can lead to a richer understanding of subordination by uncovering the subtle, hidden, and ideological roots and manifestations of oppression. Part III argues that law and sexuality scholars must conduct a multidimensional reading of judicial heterosexism- that is, in order to appreciate fully the structural dimensions of judicial bias against gay, lesbian, bisexual, and transgender individuals, we must recognize that this bias exists as …

Women, Poverty, Access To Health Care, And The Perils Of Symbolic Reform, Mary Anne Bobinski, Phyllis Griffin Epps

Faculty Articles

This article looks at health care through gendered eyes. We sift though available data on access to health care, health status, and health treatments to determine whether men and women experience health care differently in the United States. While we do not doubt that overt gender-based discrimination occasionally occurs in health care, this article focuses on the importance of unintended consequences and unconscious bias. We also explore the impact of symbolism about women's roles on the process of health care reform. The results have important implications for policy makers, advocates, and health care providers.

The United States has a large …