Law and Gender Commons^™

Fixing Watches With Sledgehammers: The Questionable Embrace Of Employee Sexual Harassment Training By The Legal Profession, Susan Bisom-Rapp

University of Arkansas at Little Rock Law Review

No abstract provided.

The Role And Reality Of Emotions In Law, Carol Sanger

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

No abstract provided.

What's Love Got To Do With It?, Susan Bandes

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

No abstract provided.

Business Lawyer, Woman Warrior: An Allegory Of Feminine And Masculine Theories, Barbara Ann White

All Faculty Scholarship

The first part of this essay is a discourse on how two of the last half century’s most influential contributions to legal thinking: Law and Economics Jurisprudence and Feminist Legal Theory, whose adherents are normally adversaries, can function synergistically to create a greater analytic power. Using business law issues as an example - historically law and economics’ terrain but recently explored by feminism - I comment on how each can unravel different knots but each standing alone leave other conundrums unresolved.

Expanding on the feminist concept of “masculine thinking,” I discuss how, just as law and economics’ analytic style (i.e., …

Women In Afghanistan Since September 11th, Margaret Murphy

Buffalo Women's Law Journal

No abstract provided.

Prostitution In India: Sex Workers, Government And The Legalization Controversy, Angela R. Carlson

Buffalo Women's Law Journal

No abstract provided.

Celibacy, Sexual Exclusivity, And Illicit Drug Abstinence: Giving Up The Life As Taboo In Aids Prevention, Ibpp Editor

International Bulletin of Political Psychology

This article highlights social cognitions that seem to impede cost-effective approaches to AIDS prevention.

Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush

Washington and Lee Law Review

No abstract provided.

Title Vii Quid Pro Quo And Hostile Environment Sexual Harassment Claims: Changing The Legal Framework Courts Use To Determine Whether Challenged Conduct Is Unwelcome, Elsie Mata

University of Michigan Journal of Law Reform

In examining the nature of sexual harassment claims, the author challenges the use of the "unwelcomeness" element to distinguish actionable conduct from nonactionable conduct. The author contends that the "unwelcomeness" element demeans women in two ways: (1) it assumes the male perspective and presumes that the plaintiff appreciated the challenged conduct unless she proves otherwise; and (2) it allows the defense to engage in intrusive, irrelevant, and damaging inquiries as it attempts to refute the plaintiff's allegation that the challenged conduct was unwelcome.

The author argues for three reforms. First, courts should shift the burden of proving that the challenged …

The Politics Of Changing Sexual Orientation, Ibpp Editor

International Bulletin of Political Psychology

This article identifies cognitions of value that permeate political discourse on the scientific validity of intentionally changing sexual orientation via clinical methods.

The Attachment Gap: Employment Discrimination Law, Women's Cultural Caregiving, And The Limits Of Economic And Liberal Legal Theory, Laura T. Kessler

University of Michigan Journal of Law Reform

Title VII has prohibited employment discrimination on the basis of pregnancy since 1978, when Congress passed the Pregnancy Discrimination Act ("PDA"), but it does not require employers to recognize women's caregiving obligations beyond the immediate, physical events of pregnancy and childbirth. The Family and Medical Leave Act of 1993 ("FMLA ") also does little more than provide job security to some relatively privileged women in the case of childbirth. Neither of these statutes, which constitute the bulk of the United States' maternity and parental leave policies, provides for the most common employment leave needs of caregivers, who by all measures …

Science Gone Astray: Evolution And Rape, Elisabeth A. Lloyd

Michigan Law Review

Throughout A Natural History of Rape, coauthors Randy Thomhill and Craig Palmer resort to what is known among philosophers of science as "The Galileo Defense," which amounts to the following claim: I am telling the Truth and doing excellent science, but because of ideology and ignorance, I am being persecuted. The authors have repeated and elaborated upon this defense during the si:lable media flurry accompanying the book's publication in February 2000. Now, history has accepted this defense from Galileo. But in order for it to work for Thornhill and Palmer, of course, they must be telling the Truth and doing …

Lifesaving Welfare Safety Net Access For Battered Immigrant Women And Children: Accomplishments And Next Steps, Leslye Orloff

Scholarly Articles in Law Reviews & Journals

The United States is currently experiencing one of the largest waves of immigration in its history. Contrary to common assumptions, more than half of new immigrants are women. Despite this fact, U.S. immigration policy and most agencies serving immigrants have remained blind to gender differences and have treated all immigrants alike.

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

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

No abstract provided.

The Praxis Of Church And State In The (Under)Development Of Women's Religion From France To The New World, Barbara L. Bernier

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

No abstract provided.

Mandatory Minimum Sentences And Women With Disabilities, Fiona Sampson

Osgoode Hall Law Journal

This article examines the issue of mandatory minimum sentencing from the unique perspective of women with disabilities. Concerns about the discriminatory application of mandatory minimum sentences are outlined and analyzed from a gendered disability perspective, as are concerns about the devaluation of the lives of persons with disabilities through the support of reduced sentences for those convicted of murdering persons with disabilities. This examination makes it clear that the different concerns of women with disabilities are difficult to reconcile, as they mandate contradictory positions with respect to the possible abolition of the sentencing practice. The challenges inherent in the development …

Battered Women And Mandatory Minimum Sentences, Elizabeth Sheehy

Osgoode Hall Law Journal

The author argues for the repeal of mandatory minimum sentences based upon their role in the distortion of defences available to battered women on trial for the homicide of their violent mates. After reviewing other legal strategies aimed at eliminating the discriminatory biases facing women who attempt to plead self-defence, and illustrating the ways in which defences to murder are distorted, she turns to the examination of the transcript of a recent murder trial for a woman who argued self-defence. The author uses the transcript to provide concrete illustrations of three ways in which self-defence is distorted by the mandatory …

Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the removal of homosexuality from a list of mental illnesses by the Chinese Psychiatric Association (CPA) in the context of international security.

Bah, Humbug To The Bleak Story Of Womem Law Faculty: A Response To Professor Neumann, Dan Subotnik

Journal of Legal Education

No abstract provided.

Comments In Reply, Richard K. Neumann Jr.

Journal of Legal Education

No abstract provided.

Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong

Washington International Law Journal

Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …

Women Defenders In The West, Barbara Allen Babcock

Nevada Law Journal

No abstract provided.

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Fighting Back Against The Taliban: The Case For Restoring Afghan Men And Women's Right To Self-Determination, Shannon A. Wiley

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

No abstract provided.

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez

Faculty Scholarship

I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …

Women At War: An Evolutionary Perspective, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.