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Articles 6991 - 7020 of 8354

Full-Text Articles in Law and Gender

Law, Literature, And Contract: An Essay In Realism, Blake D. Morant Jan 1998

Law, Literature, And Contract: An Essay In Realism, Blake D. Morant

Michigan Journal of Race and Law

In this Essay, the Author examines contract doctrine's weaknesses as applied to issues of race and gender. By contrasting the doctrinal silence concerning these issues with facts and circumstances that may have influenced the results in specific cases, the Author challenges classical contract theory's assertion of objectivity and its associated assumption of bargaining equality as an integral component of each contract. The Author then uses literature as an illustrative tool to highlight contract law's failings in contexts where bargaining disparities related to race and gender issues are present. This approach is not meant to eliminate contract rules but rather to …

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Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews Jan 1998

Striking The Rock: Confronting Gender Equality In South Africa, Penelope E. Andrews

Michigan Journal of Race and Law

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime. The author argues that, although South African women have benefited from the global …

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Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri Jan 1998

Crossing The Line: The Political And Moral Battle Over Late-Term Abortion, Rigel C. Oliveri

Faculty Publications

This paper focuses on the political and moral debate surrounding two pieces of federal legislation which sought to criminalize a particular late term abortion technique scientifically known as "intact dilation and extraction," and popularly known as "partial birth abortion." The Congressional "Partial Birth Abortion" Bans of 1996 and 1997 inflamed the already emotionally charged contest over abortion rights. The intense lobbying and advocacy efforts put pro-choice activists in the uncomfortable position of having to defend one of the most extreme positions on the abortion-rights spectrum. The advocacy was further complicated by the fact that very few women obtain late term …

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Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins Jan 1998

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

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Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda Jan 1998

Law, Life, And Literature: A Critical Reflection Of Life And Literature To Illuminate How Laws Of Domestic Violence, Race, And Class Bind Black Women Based On Alice Walker's Book The Third Life Of Grange Copeland, Angela Mae Kupenda

Journal Articles

Consider Law, Life and Literature. Which of the three is the most real, honest, and inclusive? Many would answer the law because it takes into consideration all of the facts and circumstances to formulate a clear and consistent rule, and literature is the most unreal, the most fictional of the three. However, that is not accurate. Of the three, literature is actually the most real, honest, and inclusive. It is real because, with brutal honesty, it deals with all of our realities. It is more honest than life, for often in our outer (and even inner) lives we are afraid …

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Feminism And Defending Men On Death Row, Phyllis L. Crocker Jan 1998

Feminism And Defending Men On Death Row, Phyllis L. Crocker

Law Faculty Articles and Essays

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence an individual to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent …

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Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler Jan 1998

Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler

Cleveland State Law Review

We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …

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Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 2 Jan 1998

Table Of Contents - Cardozo Women's Law Journal, Vol. 4, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Masthead - Cardozo Women's Law Journal, Vol. 5 (1998) Jan 1998

Masthead - Cardozo Women's Law Journal, Vol. 5 (1998)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women And Children In The Economy: Reflections From The Income Tax System, Faye Woodman Jan 1998

Women And Children In The Economy: Reflections From The Income Tax System, Faye Woodman

Articles, Book Chapters, & Popular Press

I have been asked to speak on “women and economics” with specific reference to the Canadian tax system. It is my thesis that the economic vulnerabilities of women and children in this nation are reflected and reinforced in the tax system. Further, it is my view that societal attitudes about who should support, and how we should support, children contribute to a complex synergy within the economic/tax system. This has the potential to produce a new underclass of government dependents who are dependent because, paradoxically, they receive so little support. Finally, I end with a plea for a broader commitment …

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Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm Jan 1998

Race, Gender, And The Law In The Twenty-First Century Workplace: Some Preliminary Observations, Susan P. Sturm

Faculty Scholarship

This article seeks to move beyond the debate between informal and formal legal regulation. Both approaches reflect essential but limited components of a legal regulatory regime. Neither approach adequately responds to the simultaneous challenges of changing organizational structure, racial and gender dynamics, and market-driven demands for flexibility and adaptiveness. The next step requires that we take account of the critiques of formality and informality. This requires embracing the challenge of developing new forms of legal regulation that treat organizational decision makers and incentive structures explicitly as part of the legal regulatory regime. In this view, law consists of a set …

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Bibliographical Essay: Women And The Legal Profession, Cynthia Grant Bowman Jan 1998

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

Cornell Law Faculty Publications

No abstract provided.

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The Limits Of Feminism, Emily Sherwin Jan 1998

The Limits Of Feminism, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

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Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West Jan 1998

Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West

Georgetown Law Faculty Publications and Other Works

Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …

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Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1 Jan 1998

Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones Jan 1998

Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones

Cardozo Journal of Equal Rights & Social Justice

The article examines the disparity between the legal recognition of women's reproductive rights and the reality of their ability to exercise these rights. It explores how international and United States laws construct reproductive rights differently, but both fail to address the cultural, economic, and social barriers that prevent women from realizing these rights. The analysis underscores the need for states to take affirmative actions to dismantle these barriers and ensure that women can fully exercise their reproductive rights.

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"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy Jan 1998

"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy

Cardozo Journal of Equal Rights & Social Justice

Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.

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Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson Jan 1998

Fairness Of Contract V. Freedom Of Contract: The Problematic Nature Of Contractual Obligation In Premarital Agreements, Faun M. Phillipson

Cardozo Journal of Equal Rights & Social Justice

The note examines the tension between the duty of full and fair disclosure in premarital agreements and the principle of freedom of contract, focusing on Wisconsin courts' handling of this issue. It critiques the ambiguity in judicial standards for enforcing such agreements, arguing that the concept of "meaningful choice" introduced by the Wisconsin Supreme Court, while promising, lacks clear guidelines, leading to inconsistent and sometimes arbitrary outcomes. The analysis highlights the conflict between ensuring procedural fairness and avoiding paternalistic judicial interference in private contracts.

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Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham Jan 1998

Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf Jan 1998

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.

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Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane Jan 1998

Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane

Cardozo Journal of Equal Rights & Social Justice

The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.

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Women's Annotated Legal Bibliography Jan 1998

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell Jan 1998

Same-Sex Sexual Harassment: Cutting The Gordian Knot, Collin O'Connor Udell

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner Jan 1998

Women And Assisted Suicide: Exposing The Gender Vulnerability To Acquiescent Death, Lynne Marie Kohm, Britney N. Brigner

Cardozo Journal of Equal Rights & Social Justice

The article argues that women are disproportionately vulnerable to assisted suicide due to societal, economic, and emotional factors, and that legalizing assisted suicide could exacerbate gender disparities in death rates. It critiques the lack of protections for vulnerable individuals, particularly women, who may be coerced or influenced into assisted suicide. The analysis emphasizes the need to address the root causes of suffering rather than resorting to assisted suicide, while also advocating for societal changes to support women and reduce their vulnerability.

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Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler Jan 1998

Justice Ruth Bader Ginsburg And The Virginia Military Institute: A Culmination Of Strategic Success, Scott M. Smiler

Cardozo Journal of Equal Rights & Social Justice

The note examines Justice Ginsburg's pivotal role in shaping the Supreme Court's approach to gender-based discrimination, particularly through her advocacy for heightened scrutiny of such classifications. It highlights how her efforts culminated in the landmark decision of United States v. Virginia, where the Court ruled that Virginia Military Institute's (VMI) exclusion of women violated the Equal Protection Clause. The decision reinforced the requirement that gender-based classifications must meet an exceedingly persuasive justification, aligning with Ginsburg's long-standing commitment to dismantling gender stereotypes and advancing equal protection principles.

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Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin Jan 1998

Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin

Osgoode Hall Law Journal

Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …

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Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks Jan 1998

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Publications

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act to focus on …

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Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright Jan 1998

Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright

University of Richmond Law Review

The Emroch Lecture Series was established through the generosity of the late Mr. Emmanuel Emroch, his wife Bertha, and their many friends and associates. The endowment is currently supported by Mr. Emroch's son and daughter-in-law, Mr. & Mrs. Walter Emroch. Mr. Emroch received a B.A. degree from the University of Richmond in 1928 and a J.D. degree from the University of Richmond School of Law in 1931. The Honorable Susan Webber Wright presented this address as the Thirteenth Annual Emroch Lecture on November 12, 1998, at the University of Richmond School of Law.

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Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii Jan 1998

Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii

University of Richmond Law Review

In 1993, at the request of then Chief Judge Jon O. Newman, the Judicial Council of the Second Circuit created a Task Force on Gender, Racial, and Ethnic Fairness in the Courts. The Task Force, which was comprised of six judicial officers and a citizen participant from each of the Circuit's three states, was asked to study issues of gender, race, and ethnicity in the courts of the Second Circuit, and to report back to the Judicial Council on its findings and recommendations.

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Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter Jan 1998

Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter

University of Richmond Law Review

The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.

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