Law and Gender Commons^™

U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson

UIC Law Review

No abstract provided.

Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook

UIC Law Review

No abstract provided.

On The Road: Images Of Truthtelling In Rural America, Emily A. Spieler

Michigan Journal of Gender & Law

This narrative is a true story. It raises the same central issue as many of the core stories of race and gender that have haunted us over the last decade: the identification of truthtellers. Theoretical analysis of truth and bias abound. This story, like many of these other stories, nevertheless stands on its own, without the need for iterative analysis.

An Emerging Ethical And Medical Dilemma: Should Physicians Perform Sex Assignment Surgery On Infants With Ambiguous Genitalia?, Hazel Glenn Beh, Milton Diamond

Michigan Journal of Gender & Law

This article discusses the development of a surgical approach to treating intersex infants and others with genital anomalies that began in the late 1950s and 1960s and became standard in the 1970s. Although professional literature has recently questioned the surgical approach to the treatment of infants, controversy surrounding treatment persists and the medical community now is divided. How sex reassignment surgery for intersex infants became a routine recommendation of practitioners and how parents were persuaded to consent to such radical surgeries provide a cautionary tale that is relevant to both medicine and law.

A Matter Of Principle And Consistency: Understanding The Battered Woman And Cultural Defenses, Sharan K. Suri

Michigan Journal of Gender & Law

To adequately explain and argue why feminists, as a matter of legal theory, must take both the BWS and cultural defenses seriously, these defenses need further elaboration. Section I details what these defenses are, how they developed, and how they work in the justice system. Section II enlarges the picture by revealing the similarities between the two defenses which share not only the same theoretical and practical goals, but also the same criticisms and flaws highlighted by scholars. Finally, Section III asserts that cultural evidence and evidence of battering must be admitted to show the absence of mens rea. However, …

Women In Nepal: Human Rights In Theory, Human Rights In Practice, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

Refugee Women: Failing To Implement Solutions, Jennifer P. Harris

Human Rights Brief

No abstract provided.

Inverting The Viability Test For Abortion Law, Bruce Ching

Journal Articles

The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.

Foundational Myths And The Reality Of Dependency: The Role Of Marriage, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Globalization, Human Rights And Critical Race Feminism: Voices From The Margins, Penelope Andrews

Articles & Chapters

South Africa and Australia, albeit markedly different in their demographics, politics, and history, share a colonial past, where race was the fault line throughout the society. Although there were marked differences in the colonial structure and various policies of the colonial administrators, both societies shared certain patriarchal attitudes that cemented during the colonial period and left a particular legacy of violence against black women. In both, the incidence of violence against women was so systemic and so ubiquitous that it has been described as a continuing violation of their human rights. The intersection of colonialism, patriarchy and violence and its …

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.

The Glass Ceiling In Law Firms: A Form Of Sex-Based Discrimination, Rebecca Korzec

All Faculty Scholarship

At a certain level, women lawyers collide with a "glass ceiling," an invisible, artificial barrier which prevents women from being promoted to management and leadership positions within a business or firm. The glass ceiling 'represents a subtle form of sex discrimination - unwritten, generally unspoken, but very pervasive.' Its presence is reflected in trends and statistics which consistently reveal women's underrepresentation in executive and management positions.

This article focuses on whether the glass ceiling formed as a result of sex discrimination, blatant or subtle, or whether it formed as a result of women lawyers' differing qualifications or career choices. It …

"Trapped" In Sing Sing: Transgendered Prisoners Caught In The Gender Binarism, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article first summarizes gender, transgendered identity, and legal issues facing transgendered people to contextualize the lives of transgendered prisoners. Parts II and III explore respectively the placement and treatment issues that complicate the incarceration of the transgendered. Corrections authorities, through indifference or incompetence, foster a shockingly inhumane daily existence for transgendered prisoners. In Part V, I examine the plight of transgendered prisoners through the metaphor of the miners' canary. Transgendered prisoners signal the grave dangers facing all of us in a wide array of social structures, elucidating the apparently intractable problems of gender. This Article simultaneously explores a human …

Cultural Resistance To Global Governance, Joel Richard Paul

Michigan Journal of International Law

This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Exploring The Law Of Law Teaching: A Feminist Process, 34 J. Marshall L. Rev. 193 (2000), Kathryn M. Stanchi

UIC Law Review

No abstract provided.

Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon

UC Law SF Journal on Gender and Justice

The FDA's proposed rule regarding structure/function claims for dietary supplements is intended to give consumers more information about dietary supplements. While "disease claims" are prohibited under the rule, claims that a product affects a structure or function of the body are permissible. However, the distinction between a "disease claim" and a "structure/function claim" ignores the reasons why many consumers turn to dietary supplements. Rather than dispelling confusion surrounding dietary supplements, the proposed rule will only add to it.

The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert

UC Law SF Journal on Gender and Justice

As indicated by the title, our primary question concerns the relationship of situated knowledges, identity politics and the political dimension of law. The term "situated knowledges" refers broadly to issues raised in feminist epistemology: how do oppressed groups experience the world differently to the dominant perspective, what is the relationship between different knowledge bases and what is the epistemological significance of "the view from below?" "Identity politics" is a term which has been used to describe political coalitions formed primarily around politically-charged identities. It has been used to indicate, for instance, that identification as a "feminist" or as a "lesbian" …

Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader

Office for Policy Studies on Violence Against Women Publications

Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.

Foreword: Still Unfinished, Ever Unfinished, Anita Bernstein

Faculty Scholarship

No abstract provided.

Why Truth Is Not A Defense In Paternity Actions, 10 Tex. J. Women & L. 69 (2000), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen

UC Law SF Journal on Gender and Justice

This article explores dietary supplement regulation and the belief systems and legal rules that shape it. Part I discusses the key provisions of the federal Dietary Supplement Health and Education Act (DSHEA). Part II examines how DSHEA, philosophically, represents a compromise between extreme medical paternalism (the orthodox view that the FDA should dictate consumer access to dietary supplements) and radical patient autonomy (the liberal view that patients should have unlimited consumer access to dietary supplements). Part II frames the debate in terms of regulatory proposal, policy, values, and belief system. Strong controls in regulation (FDA's paternalistic viewpoint) and weak controls …

When Service With A Smile Invites More Than Satisfied Customers: Third-Party Sexual Harassment And The Implications Of Charges Against Safeway, Sarah L. Ream

UC Law SF Journal on Gender and Justice

Sexual harassment in the workplace, a form of sex discrimination, has received substantial legislative and judicial attention in the past several decades. Courts have recognized that harassment may arise from supervisor or co-worker conduct. Increasingly, courts are also acknowledging harassment by third-parties, such as independent contractors or customers. This note examines the law of such "third-party sexual harassment" with regard to harassment perpetrated by customers. Particular attention is given to the implications of charges filed against a major super market chain alleging harassment by customers due to the implementation of a customer service policy.

Foreword, Cary Elizabeth Zuk

UC Law SF Journal on Gender and Justice

No abstract provided.

Clara Shortridge Foltz: Angel And Revolutionary, Deborah H. King

UC Law SF Journal on Gender and Justice

Clara Shortridge Foltz has been described in many different ways. "Lady lawyer," "massive egotist" and "representative heroine" are just a few of the labels she has worn. This note attempts to find yet another label for Foltz by exploring her culture and the roles she chose to play within that culture. When Foltz is viewed in the context of her time it becomes apparent that her proper label lies somewhere between lady lawyer and feminist. She was a complex woman with varied responses to the Victorian notions that men and women occupied different spheres, which is referred to as separate …

Persecution On Account Of Gender: A Need For Refugee Law Reform, Bret Thiele

UC Law SF Journal on Gender and Justice

Reacting to the horrors committed during World War II and the subsequent mass migration of individuals across State boundaries, the international community in 1951 agreed to a definition of refugee. This definition is still in use internationally and reflected in U.S. domestic law. This article illustrates how the current definition of refugee is limited and therefore inadequate to protect millions of persons, namely those persecuted or facing persecution on account of gender. Likewise, recent developments in refugee law do not sufficiently provide protection to individuals facing gender-specific forms of persecution. This article argues for the addition of a gender category …