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Articles 6901 - 6930 of 8354

Full-Text Articles in Law and Gender

Shaping Regional Economies To Sustain Quality Work: The Cooperative Health Care Network, Peter R. Pitegoff Jan 1999

Shaping Regional Economies To Sustain Quality Work: The Cooperative Health Care Network, Peter R. Pitegoff

Faculty Publications

This chapter chronicles a creative response to social retrenchment, a saga of strategic deployment of accessible resources and a reshaping of regional economic forces for the benefit of targeted labor markets. While charting its own course, CHCB is part of a mutually supportive network of health care employers and trainers, including successful home care companies in Philadelphia and the South Bronx. Together, these three corporations form the core of the Cooperative Health Care Network and employ over 500 home health aides. About 80 percent of the employees were formerly dependent on public assistance. The network [network] experience and their applicability …

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Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez Jan 1999

Not Him, Sister's Stories & Teresita (Poems), Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

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Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson Jan 1999

Emphasizing Torts In Claims Of Discrimination Against Black Female Athletes, Alfred Dennis Mathewson

Faculty Scholarship

In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest otherwise. They are statutory torts founded upon equality principles. What I intended was to draw more upon the general tort principles involved in an antidiscrimination action. I specifically invoked the notion of using mass tort theories. I wish to sketch a brief but …

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A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez Jan 1999

A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez

Faculty Scholarship

"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …

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Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein Jan 1999

Redefining The State's Response To Domestic Violence: Past Victories And Future Challenges, Deborah Epstein

Georgetown Law Faculty Publications and Other Works

What role should the state play in the fight against domestic violence? Although most activists in the early domestic abuse movement viewed government institutions with a robust dose of suspicion, over time they began to look to the state for substantial assistance. During this period-the late sixties and seventies-increased hope for a positive governmental role appeared to be well-founded. The civil rights, feminist, and labor movements had pushed the federal government into expanding civil liberty guarantees and economic protections. Laws were enacted prohibiting sex- and race-based discrimination, health care got a strong boost through the creation of Medicaid and Medicare, …

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De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro Jan 1999

De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro

Faculty Articles

Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.

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Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis Jan 1999

Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis

Seattle University Law Review

This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …

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The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado Jan 1999

The Essence Of Her Womanhood: Defining The Privacy Rights Of Women Prisoners And The Employment Rights Of Women Guards , Rebecca Jurado

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa Jan 1999

Testing The Naalc's Dispute Resolution System: A Case Study , John P. Isa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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About The Conference, Journal Of Gender, Social Policy & The Law Jan 1999

About The Conference, Journal Of Gender, Social Policy & The Law

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann Jan 1999

Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Integrating Gender Perspective Into Brazilian Legal Doctrine And Education: Challenges And Possibilities, Flavia Piovesan Jan 1999

Integrating Gender Perspective Into Brazilian Legal Doctrine And Education: Challenges And Possibilities, Flavia Piovesan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain Jan 1999

Integrating Gender Into Legal Education: Obstacles And Challenges, Leonor Vain

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Integrating Gender Into Legal Education: The Obstacles, Challenges, And Possibilities, Marcela Huaita Alegre Jan 1999

Integrating Gender Into Legal Education: The Obstacles, Challenges, And Possibilities, Marcela Huaita Alegre

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet Jan 1999

Naked Feminism: The Unionization Of The Adult Entertainment Industry, Holly J. Wilmet

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper Jan 1999

Some Of Them Still Don't Get It: Hostile Work Environment Litigation In The Lower Courts, Eric Schnapper

Articles

This Article describes how the courts of appeals have decided sexual harassment cases in the five years since Harris v. Forklift Systems, Inc., 510 US 17 (1993). In some circuits, events have unfolded largely as Justice Scalia anticipated: the trier of fact—ordinarily a jury—applies the hostile work environment standard announced in Meritor and elaborated upon in Harris.

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Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski Jan 1999

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

Articles

In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …

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From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan Jan 1999

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

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The End Of The North Carolina Abortion Fund, Paul Stam Jan 1999

The End Of The North Carolina Abortion Fund, Paul Stam

Campbell Law Review

This Article supports the court's position that there is no state constitutional right to state funding of abortion. It focuses on three areas often neglected by appellate courts. First, this article will look at the legal environment in which the Constitution of 1868 was adopted. As of 1868, the law of North Carolina would have been hostile to a claim of a right to abortion or a right to state funding of abortion. Abortion rights litigants offer several state cases as precedent for their position. Next, this article will demonstrate that many of these cases are not persuasive or are …

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Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh Jan 1999

Miller V. Albright: Problems Of Constitutionalization In Family Law, Katharine B. Silbaugh

Faculty Scholarship

From time to time, the Supreme Court chooses to hear a case addressing a family law issue. The family law cases accepted by the Supreme Court almost always present a constitutional challenge because absent a constitutional question, state law governs family law. Because the Supreme Court controls its docket, it is free to select only those cases that, in the view of the Court, pose particularly challenging issues. On most occasions, the Court chooses only those family law cases that present other, unrelated issues of interest to the Court.

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Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams Jan 1999

Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams Jan 1999

Do Wives Own Half? Winning For Wives After Wendt, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Market Work And Family Work In The 21st Century, Joan C. Williams Jan 1999

Market Work And Family Work In The 21st Century, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams Jan 1999

Is Law An Art Or A Science?: Comments On Objectivity, Feminism, And Power, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Tribute To Curt Berger, Joan C. Williams Jan 1999

Tribute To Curt Berger, Joan C. Williams

Faculty Scholarship

No abstract provided.

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A Congratulatory Note, David I. Levine Jan 1999

A Congratulatory Note, David I. Levine

Faculty Scholarship

No abstract provided.

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British Masculinities, Canadian Lawyers, W. Wesley Pue Jan 1999

British Masculinities, Canadian Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a settler colony.

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Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein Jan 1999

Apology Excepted: Incorporating A Feminist Analysis Into Evidence Policy Where You Would Least Expect It, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

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The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas Jan 1999

The Political Economy Of Recognition: Affirmative Action Discourse And Constitutional Equality In Germany And The U.S.A., Kendall Thomas

Faculty Scholarship

This paper undertakes a comparative exploration of affirmative action discourse in German and American constitutional equality law. The first task for such a project is to acknowledge an important threshold dilemma. The difficulty in question derives not so much from dissimilarities between the technical legal structures of German and American affirmative action policy. The problem stems rather from the different social grounds and groupings on which those legal structures have been erected. Because German "positive action"' applies only to women, gender and its cultural meanings have constituted the paradigmatic subject of the policy. The legal discussion of positive action has …

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Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury Jan 1999

Agency, Equality, And Antidiscrimination Law , Tracy E. Higgins, Laura A. Rosenbury

Faculty Scholarship

The Supreme Court increasingly has interpreted the Equal Protection Clause as a mandate for the state to treat citizens as if they were equal-as a limitation on the state's ability to draw distinctions on the basis of characteristics such as race and, to a lesser extent, gender. In the context of race, the Court has struck down not only race-specific policies designed to harm the historically oppressed, but race conscious policies designed to foster racial equality. Although in theory the Court has left open the possibility that benign uses of race may be constitutional under some set of facts, in …

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