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Articles 6721 - 6750 of 8353

Full-Text Articles in Law and Gender

Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller Jan 2000

Revisiting Poor Joshua: State-Created Danger Theory In The Foster Care Context, Michele Miller

UC Law SF Journal on Gender and Justice

The Supreme Court's decision in DeShaney v. Winnebago County Department of Social Services declared that abused children in the legal custody of the state (but residing with their natural parent) have no private cause of action against the state for substantive due process violations. Since the decision, many courts have attempted to circumvent DeShaney by using a "state-created danger theory," by which a state may be liable, under negligence principles, for removing a child from foster care and returning him/her to a parent, despite clear indications that future abuse will occur. This note examines the application of the state-created danger …

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All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby Jan 2000

All Things Being Equal: Affirmative Action And Candidate Selection From A Scottish Perspective, Kirsteen Davidson, Rhona Smith, Ruth Webster, Nicole Busby

UC Law SF Journal on Gender and Justice

This article examines some of the issues surrounding attempts to increase the participation of women in formal political structures. Although prominent on the international agenda, only Scandinavia comes close to a true gender balance. Within an international political and legal context, this article examines the remarkable improvement in female representation which has occurred in Scotland since 1997. Scotland is an ideal case study with recent elections to the Local Councils, the Scottish Parliament, the national Westminster Parliament and the European Parliament. In some instances, different techniques of affirmative action or reverse discrimination were employed. Each of these elections will be …

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Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri Jan 2000

Statutory Rape Law And Enforcement In The Wake Of Welfare Reform, Rigel C. Oliveri

Faculty Publications

The recent national efforts at reforming the welfare system and new research on the connection between teen pregnancy and statutory rape have led many states to enact stricter laws against statutory rape and to increase the enforcement of existing laws. Punitive statutory rape laws are being viewed more and more as a mechanism for shrinking the welfare rolls by reducing teen pregnancy. Rigel Oliveri documents the resurgence of statutory rape law and enforcement and explores the ramifications it will have on teen parents. In particular, Oliveri approaches the issue from several analytical frameworks, discussing arguments for consent-based standards, the privacy …

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Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis Jan 2000

Women's Rights And The Public Morals Exception Of Gatt Article 20, Liane M. Jarvis

Michigan Journal of International Law

The public morals exception in Article XX of the General Agreement on Tariffs and Trade (GATT) could and should be interpreted in accordance with evolving human rights law on women's rights. This clause provides an exception to the general rule that members of the World Trade Organization (WTO) cannot take measures against other Members that would restrict trade. Under Article XX, WTO members may restrict trade for a variety of social reasons, including protecting the environment, preventing prison labor, and otherwise promoting "public morals.” This Note will argue in particular that a nation should be allowed to invoke the public …

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Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron Jan 2000

Language Matters, 34 J. Marshall L. Rev. 163 (2000), Jane B. Baron

UIC Law Review

No abstract provided.

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Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das Jan 2000

Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das

UIC Law Review

No abstract provided.

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Welfare Reform And The Use Of State Power In The Prostitution Of Poor Women , April L. Cherry Jan 2000

Welfare Reform And The Use Of State Power In The Prostitution Of Poor Women , April L. Cherry

Cleveland State Law Review

I would like to talk about the connection between welfare reform "as we know it," and the potential for increased state support for the prostitution of women. In particular, I would like to discuss the work requirements found in both federal and state welfare reform statutory schemes. I worry that these work requirements will sanction the prostitution of poor women, particularly poor women of color, lesbians, and other women with children who are already forced to live their lives at the economic and social margins of society. I worry that the work requirements found in the new welfare regime will …

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The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein Jan 2000

The Undue Burden: Parental Notification Requirements For Publicly Funded Contraception, Stephanie Bornstein

UF Law Faculty Publications

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and …

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The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky Jan 2000

The Reasonable Woman And The "Warrior Code", Lyrissa Barnett Lidsky

UF Law Faculty Publications

In the provocative book A Law of Her Own: The Reasonable Woman as a Measure of Man, Caroline Forell and Donna Matthews argue that existing law systematically undervalues women's experiences of sexual harassment and sexual violence. In essence, the authors contend that law is a "warrior code" that is unduly forgiving of sexual aggression and violence, and they support this contention by showing how "male-centered values" permeate the law of sexual harassment, stalking, domestic violence, and rape. This critique alone would make this work worthy of serious consideration by anyone concerned with the law's treatment of women.

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Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas Jan 2000

Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas

Cleveland State Law Review

Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.

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Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich Jan 2000

Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich

Indiana Journal of Global Legal Studies

No abstract provided.

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Gender Politics In Global Governance (Mary K. Meyer & Elisabeth Prügl Eds., 1999), Berta E. Hernández-Truyol Jan 2000

Gender Politics In Global Governance (Mary K. Meyer & Elisabeth Prügl Eds., 1999), Berta E. Hernández-Truyol

UF Law Faculty Publications

Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to the …

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Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister Jan 2000

Tort Suits For Injuries Sustained During Illegal Abortions: The Effects Of Judicial Bias , Gail D. Hollister

Faculty Scholarship

Most courts hold that, by agreeing to have an illegal abortion, a woman forfeits her right to recover for injuries tortuously inflicted during that abortion. Nevertheless, most courts do permit suits by those injured in the course of committing other crimes, and they usually do so without considering whether plaintiff's criminal conduct should prevent recovery. Part II of this Article explores and discredits the reasons offered for prohibiting recovery in abortion suits. 21 Part III analyzes, on a chronological basis, each state's decisions prohibiting such recovery. Part IV discusses possible explanations for the abortion decisions, noting that these women's claims …

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Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman Jan 2000

Cracking The Foundational Myths: Independence, Autonomy, And Self-Sufficiency, Martha Albertson Fineman

Faculty Articles

In this Article, I will bring into view the family, or more explicitly, the dependency hidden within the assumed family. Policy development and social theory considerations should center on assessing the appropriateness of the aspirations and expectations we have for the family. This assessment is crucial to one of the most compelling problems facing society at the end of the Twentieth Century-the increasing inequitable and unequal distribution of societal resources and the corresponding poverty of women and children.

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Book Annotations, Leah Chan Grinvald Jan 2000

Book Annotations, Leah Chan Grinvald

Scholarly Works

No abstract provided.

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Exploring The Law Of Law Teaching: A Feminist Process, Kathryn M. Stanchi Jan 2000

Exploring The Law Of Law Teaching: A Feminist Process, Kathryn M. Stanchi

Scholarly Works

No abstract provided.

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Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker Jan 2000

Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker

Articles

The Supreme Court has ushered in the new millennium with a renewed emphasis on federalism-based limits to Congress's regulatory authority in general, and Congress's Section 5 power to enforce the Fourteenth Amendment in particular. In a recent string of cases, the Court has refined and narrowed Section 5's enforcement power in two significant ways.1 First, the Court made clear that Congress lacks the authority to interpret the scope of the Fourteenth Amendment's substantive provisions themselves, and may only "enforce" the judiciary's definition of Fourteenth Amendment violations. 2 Second, the Court embraced a relatively stringent requirement concerning the relationship between means …

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The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse Jan 2000

The "Normal" Successes And Failures Of Feminism And The Criminal Law, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

To write of feminist reform in the criminal law is to write of simultaneous success and failure. We have seen marked changes in the doctrines and the practice of rape law, domestic violence law, and the law of self-defense. There is not a criminal law casebook in America today, nor a state statute book, that does not tell this story. Yet for all of this success, we also live in a world in which reform seems to suffer routine failures. Many believe, for example, that feminist reforms have rid rape law of the resistance requirement; however, recent scholarship makes it …

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Masthead - Cardozo Women's Law Journal, Vol. 7 (2000-01) Jan 2000

Masthead - Cardozo Women's Law Journal, Vol. 7 (2000-01)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein Jan 2000

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein

Cardozo Journal of Equal Rights & Social Justice

The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.

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Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson Jan 2000

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

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Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1 Jan 2000

Table Of Contents - Cardozo Women's Law Journal, Vol. 7, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal Jan 2000

Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.

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Women's Annotated Legal Bibliography Jan 2000

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth Jan 2000

Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth

Scholarly Works

This Essay is about Ellenor Frutt, Annie Dornell, Joyce Davenport, and other women criminal defense attorneys of prime time television. It examines how high-stakes network television presents sympathetic stories about women working as criminal defense attorneys while simultaneously supporting the popular thirst for the harshest criminal penalties. Real women who choose to represent criminal defendants are fundamentally out of step with angry and unforgiving attitudes toward crime and criminals. Indeed, women defenders have chosen work that puts them in direct opposition to the widespread public willingness to incarcerate record numbers of Americans, often young African-American and Latino men, for longer …

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Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk Jan 2000

Herbal Remedies Are Not Dietary Supplements: A Proposal For Regulatory Reform, Cary Elizabeth Zuk

UC Law SF Journal on Gender and Justice

Increasingly, consumers are turning to herbal remedies to help heal what ails them. This note explores the past and present regulation of herbal remedies. The Dietary Supplement Health and Education Act (DSHEA) of 1994 provided a convenient regulatory vehicle-"dietary supplements"-for herbal remedies to enter the market with labeling that claims a positive effect on the structure or function of the body or on one's general sense of well-being. This note argues that DSHEA fails as a regulatory system for herbal remedies. While it safeguards access to herbal remedies, DSHEA only allows vague labeling information suggesting the therapeutic potential of the …

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Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones Jan 2000

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

UC Law SF Journal on Gender and Justice

The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …

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Crossing The River Of Blood Between Us: Lynching, Violence, Beauty, And The Paradox Of Feminist History, Emma Coleman Jordan Jan 2000

Crossing The River Of Blood Between Us: Lynching, Violence, Beauty, And The Paradox Of Feminist History, Emma Coleman Jordan

Georgetown Law Faculty Publications and Other Works

Understandably, early feminist legal theory and history focused almost exclusively on establishing white women's autonomy against white male dominance. The vehicles of nineteenth century women's liberation included elements of public equality such as ownership of property, the right to vote, access to male dominated occupations, equal education and employment opportunity. Twentieth century feminists extended the equality project by penetrating the "private" sphere and attacking the very notion of a separate zone of family relations which was immune from government intervention to protect women from male abuse. Cultural feminists like Carol Gilligan took another approach, arguing that women's experiences as sexual …

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The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West Jan 2000

The Difference In Women’S Hedonic Lives: A Phenomenological Critique Of Feminist Legal Theory, Robin West

Georgetown Law Faculty Publications and Other Works

Part One of this article provides a phenomenological and hedonic critique of the conception of the human - and thus the female - that underlies liberal legal feminism. Part Two presents a phenomenological critique of the conception of the human - and thus the female - which underlies radical feminist legal criticism. Again, I will argue that in both cases the theory does not pay enough attention to feminism: liberal feminist legal theory owes more to liberalism than to feminism and radical feminist legal theory owes more to radicalism than it does to feminism. Both models accept a depiction of …

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Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl Jan 2000

Punishment Goes Global: International Criminal Law, Conflict Zones, And Gender (In)Equality, Mark A. Drumbl

Scholarly Articles

The creation of the International Criminal Court (ICC) enables the international community to hold accountable those who inflict violence in the form of sexual and ethnic hatred. Drawing on case studies from Rwanda and Bosnia, the author observes the extent to which retributive criminal justice can deter offenders and foster structural societal change.

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