Law and Gender Commons^™

Notre Dame Lawyer - Spring 1997, Notre Dame Law School

Notre Dame Lawyer

Kevorkian and Women-Kaveny

How Many "Rights" Make a Wrong?-Kmiec

After Hours
Dean Pratt-Guide on the Road to Rhodes

Justice Antonin Scalia Visits NDLS

McCafferty Celebration

Faculty Profile: Frank Booker

The McCafferty stained-glass window description

The story of the "Back Row Bombers" and the pennants in the "Pit" of the old Law School

A Feminist Reassessment Of Civil Society, Susan H. Williams

Indiana Law Journal

Symposium: Law and Civil Society

Redefining Women's Agency: A Response To Professor Williams, Kathryn Abrams

Indiana Law Journal

Symposium: Law and Civil Society

Feminism, Globalization And Culture: After Beijing, L. Amede Obiora

Indiana Journal of Global Legal Studies

In this article, Professor Obiora begins with the premise that the

credibility of traditional legal frameworks has eroded, because the law

remains unable to relieve the oppressions and polarization between cultures,

even in the wake of global institutional transformations that seem to help the

oppressed, particularly women. Professor Obiora offers the Beijing Platform

for Action as a radical new solution for human rights protection, radical in

that it is one of the first declaratives to transcend the previous dichotomy of

issues among women by expressing a commitment to a global framework in

which to address these issues, particularly the feminization …

Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin

Indiana Journal of Global Legal Studies

No abstract provided.

Getting Our Stories Straight: Narrative Autonomy And Feminist Commitments, Milton C. Regan Jr.

Indiana Law Journal

Symposium: Law and Civil Society

An Analysis Of Gender In Admission To The Canadian Common Law Schools From 1985-86 To 1994-95, Brian M. Mazer

Dalhousie Law Journal

Using statistical data covering a ten year period, this study examines the issue of gender representation in admissions to first year law study at common law schools in Canada. After addressing three identifiable steps in the admission process-applications, offers and registration-the author concludes that while there has been progress and the gap has narrowed, the problem of gender inequality persists.

Justifying The Unjustifiable: Rite V. Wrong, Abbie J. Chessler

Buffalo Law Review

No abstract provided.

The Economics Of Home Production, Joni P. Hersch

Vanderbilt Law School Faculty Publications

The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% to 75% as of 1995, while the participation rate for women has surged, from 37.7% in 1960 to 58.9% in 1995.1 The combination of rising labor force participation rates for women and falling rates for men has resulted in a work force that is approaching equal representation of each gender. However, the picture at home indicates a far greater gender stratification of work than …

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Family Law Of The Two Chinas: A Comparative Look At The Rights Of Married Women In The People's Republic Of China And The Republic Of China, Janice A. Lee

Cardozo Journal of International and Comparative Law

The note examines the rights of married women in the People's Republic of China (PRC) and Taiwan, highlighting how traditional Confucian values continue to influence family law and practice despite legal reforms aimed at promoting gender equality. It argues that while both countries have enacted progressive laws, societal attitudes and enforcement mechanisms often undermine these legal advancements, perpetuating women's subordinate status.

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn

Michigan Law Review

Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

Taking Care Of Our Daughters, A Book Review Of Martha Fineman, The Neutered Mother, The Sexual Family And Other Twentieth Century Tragedies, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Women And Hiv: The Barriers To Protection, J. P. Howlett

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Tolling The Statute Of Limitations For Survivors Of Domestic Violence Who Wish To Recover Civil Damages Against Their Abusers, Lisa Napoli

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Case Of The Battered Wife: Susan Glaspell's "Trifles" And "A Jury Of Her Peers", Lillian Schanfield

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Working For Women's Employment Rights In Poland, Kristin Long

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Unexpected Connections: Considering Employees' Personal Lives Can Revitalize Your Business, Lotte Bailyn, Joyce K. Fletcher, Doborah Kolb

ADVANCE Library Collection

Efforts to integrate work and personal life affect people at all organizational levels. Traditional approaches seem to exacerbate the problem by pitting employee and business goals against each other. The authors' approach to integration is based on linking personal lives and work in an opportunity to innovate and change. In a research project, Bailyn et al. worked with a company known for leading-edge employee benefits to find out why employees were not fully using those benefits. At each site, they collaborated to help employees better integrate work with personal lives and help the site meet its business goals. They helped …

Family Secrets, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …

Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya

Faculty Scholarship

I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …

Spotlight On Women For Women In Bosnia, Gillian Brady

Human Rights Brief

No abstract provided.

The Treatment Of Women Prisoners After The Vmi Decision: Application Of A New "Heightened Scrutiny", Rosemary M. Kennedy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Women's Powerless Tool: How Congress Overreached The Constitution With The Civil Rights Remedy Of The Violence Against Women Act, 30 J. Marshall L. Rev. 803 (1997), Lisa A. Carroll

UIC Law Review

No abstract provided.

Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek

Michigan Journal of Gender & Law

This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.

Sexual Assault Issues Before The War Crimes Tribunal, Diane Orentlicher

Human Rights Brief

No abstract provided.