Open Access. Powered by Scholars. Published by Universities.®

Law and Gender Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6871 - 6900 of 8354

Full-Text Articles in Law and Gender

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston

Cardozo Journal of Equal Rights & Social Justice

The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.

Go to article

The Ties That Bind, Melissa F. Savage Jan 1999

The Ties That Bind, Melissa F. Savage

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …

Go to article

Testimony, Antoinette M. Sedillo Lopez Jan 1999

Testimony, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Go to article

The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur Jan 1999

The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur

Cleveland State Law Review

I am going to talk about three things today: The first is to give you a very brief account of the competing understandings of secularism that have emerged in India. I look at the model of secularism that is being promoted by the Hindu Right and the validation this has received from the electorate, but more importantly, the Supreme Court. Secondly, I will address why the wall of separation does not provide a way out of the crisis of secularism in India and how it has not solved the problem of majoritarianism even in the American context. And finally, how …

Go to article

The Imminent Demise Of Interspousal Tort Immunity, Carl W. Tobias Jan 1999

The Imminent Demise Of Interspousal Tort Immunity, Carl W. Tobias

Law Faculty Publications

During the decade of the 1980s, I extensively explored the doctrine of interspousal tort immunity in the United States. I examined the origins and development of the concept; how the notion survived intact in every jurisdiction throughout the nation until 1914; the first successful efforts to abolish immunity during the teens; the slow pace of abrogation in the five decades between 1920 and 1970; and the steady decline of the doctrine thereafter. Indeed, only a small number of states in the country still retain any form of interspousal tort immunity, even though some jurisdictions evince concern about certain issues involving …

Go to article

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston Jan 1999

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston

Journal Publications

In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …

Go to article

Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein Jan 1999

Effective Intervention In Domestic Violence Cases: Rethinking The Roles Of Prosecutors, Judges, And The Court System, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

Despite over two decades of reform, fundamental failures persist in the justice system's response to domestic violence. Society now widely accepts elimination of intrafamily abuse as a crucial goal, and it has been illegal in most states since the late nineteenth century. But the problem remains one of epidemic proportions. As documented in Part I of this Article, battering by husbands, ex-husbands, or lovers is the single largest cause of injury to women in the United States, and accounts for approximately thirty percent of all murders of women. Physical aggression occurs in at least one out of four marriages, and …

Go to article

Liberalism And Abortion, Robin West Jan 1999

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …

Go to article

And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones Jan 1999

And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones

University of San Francisco Law Review

No abstract provided.

Go to article

Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers Jan 1999

Measuring Gender Equity, Alfred Dennis Mathewson, Robert D. Rogers

Faculty Scholarship

It is our intent to provide some insight into the development of compliance plans with an eye toward a university's athletic program policy. In Part I, we explore conventional attempts to measure relative demand and its use in litigated cases. In Part II, we describe the measurement instrument we used to conduct the empirical study. Our study is distinguished from conventional efforts in two respects.2 7 First, we did not seek to measure the number of athletes with interest and ability. Rather we sought to measure the relative amounts of athletic participation that would be consumed if a university satisfied …

Go to article

Global Issues In Compensatory Justice: Introduction, Penelope Andrews Jan 1999

Global Issues In Compensatory Justice: Introduction, Penelope Andrews

Articles & Chapters

No abstract provided.

Go to article

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews Jan 1999

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.

Go to article

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews Jan 1999

Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews

Articles & Chapters

This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …

Go to article

A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro Jan 1999

A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro

Faculty Articles

When lesbian couples start families, one woman often begins with all the legal entitlements of parenthood, either by giving birth or by virtue of adopting a child, while the other woman has no legal rights. She is a non-legal parent. Absent legal rights she suffers many critical disadvantages. Second-parent adoptions have been developed to allow lesbians to create families with two-legal parents. They have been widely hailed as a solution to the problem of the non-legal parent. This article argues, however, that for many women they may actually make matters worse. Because some women can use second-parent adoptions, women who …

Go to article

Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins Jan 1999

Reviving The Public/Private Distinction In Feminist Theorizing Symposium On Unfinished Feminist Business, Tracy E. Higgins

Faculty Scholarship

The public/private distinction has been a target of thoroughgoing feminist critique for quite some time now. Indeed, attacking the public/private line has been one of the primary concerns (if not the primary concern) of feminist legal theorizing for over two decades. If Carole Pateman is correct, one would think that this particular problem might be assigned to the category of "finished business" by this time. In this Essay, I do argue that the critique is, in certain ways, finished business in that it is no longer particularly useful in its most common forms. More importantly, however, I suggest several ways …

Go to article

Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs Jan 1999

Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs

Articles

No abstract provided.

Go to article

Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas Jan 1999

Foreword, “Symposium 1999: Women, Equity And Federal Tax Policy: Open Questions.” ., Ann F. Thomas

Articles & Chapters

No abstract provided.

Go to article

Women And The Internet, Carlin Meyer Jan 1999

Women And The Internet, Carlin Meyer

Articles & Chapters

No abstract provided.

Go to article

Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn Jan 1999

Lesbians, Legal Theory And Other Superheroes, Book Review Of Ruthann Robson’S Sappho Goes To Law School: Fragments In Lesbian Legal Theory, Kris Franklin, Sarah Chinn

Articles & Chapters

No abstract provided.

Go to article

African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.

Go to article

Commentaries, Paul Magnarella Jan 1999

Commentaries, Paul Magnarella

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Go to article

Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman Jan 1999

Bibliographical Essay: Women And The Legal Profession , Cynthia Grant Bowman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

The Women And International Law Program, Journal Of Gender, Social Policy & The Law Jan 1999

The Women And International Law Program, Journal Of Gender, Social Policy & The Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck Jan 1999

Feminist Theory And Feminist Method: Transforming The Experience Of The Classroom, Ann Shalleck

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Pedagogy And Law: Ideas For Integrating Gender Into Legal Education, Marclea V. Rodriguez Jan 1999

Pedagogy And Law: Ideas For Integrating Gender Into Legal Education, Marclea V. Rodriguez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram Jan 1999

The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Go to article

Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider Jan 1999

Gender Bias, Cognition And Power In The Legal Academy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Go to article

Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg Jan 1999

Employers And Employees Beware: The Duties Imposed By The Recent Supreme Court Decisions And Their Impact On Sexual Harassment Law, Jill Kreisberg

Cardozo Journal of Equal Rights & Social Justice

The comment examines the Supreme Court's decisions in Faragher and Burlington Industries, which clarified employer liability for sexual harassment by supervisors under Title VII. The Court established that employers are vicariously liable for supervisor harassment, subject to a limited exception if the employer can demonstrate reasonable efforts to prevent misconduct and the employee unreasonably failed to utilize corrective measures. These rulings resolved conflicting lower court standards and emphasized the importance of anti-harassment policies and procedures to address workplace harassment effectively.

Go to article

A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal Jan 1999

A Solomonic Decision: What Will Be The Fate Of Frozen Preembryos?, David H. Fiestal

Cardozo Journal of Equal Rights & Social Justice

The Kass v. Kass case highlights the legal complexities surrounding disputes over frozen preembryos post-divorce, emphasizing the court's reliance on prior agreements and the need for a balanced legal framework that respects individual rights while addressing medical advancements.

Go to article

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker Jan 1999

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

Articles

In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …

Go to article

First Prev Next Last