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Articles 7291 - 7320 of 8354

Full-Text Articles in Law and Gender

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery Jan 1996

Institutional Myths, Historical Narratives And Social Science Evidence: Reading The "Record" In The Virginia Military Institute Case, Dianne Avery

Journal Articles

No abstract provided.


Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper Jan 1996

Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis Special Issue: Mandatory Hiv Testing Of Newborns And Their Mothers, Elizabeth B. Cooper

Faculty Scholarship

The debate surrounding mandatory HIV testing of newborns and pregnant women requires an understanding of the historical context of women in the epidemic. Although the epidemic first was recognized in gay men in 1981, anecdotal reports reveal that women already were dying from what seems to have been HIV-related symptomatology. Indeed, in Gena Corea's book, The Invisible Epidemic, we learn that, as early as 1981, not insignificant numbers of drug-using and former drug-using women were falling ill and not recovering from conditions that normally are not fatal, including bacterial pneumonia. Yet, because we did not necessarily expect these populations to …


Community Culture And Tradition: Maintaining Male Dominance In Conservative Institutions, Christine M. Venter Jan 1996

Community Culture And Tradition: Maintaining Male Dominance In Conservative Institutions, Christine M. Venter

Journal Articles

"The freer women are to share their gifts with society and to assume leadership in society, the better are the prospects for the entire human community to progress in wisdom, justice and dignified living ... " So argued Mary Ann Glendon, the Vatican delegate to the Fourth World Conference on Women in September, 1995. While Glendon's point is well taken, in many societies, including the Catholic Church which Glendon represented at the Conference, women often do not have the opportunity to choose their roles and share their gifts and talents with society in the manner they deem most appropriate. In …


Confronting Expectations: Women In The Legal Academy, Christine Haight Farley Jan 1996

Confronting Expectations: Women In The Legal Academy, Christine Haight Farley

Scholarly Articles in Law Reviews & Journals

A seemingly insurmountable barrier to women's success in legal academia is the way they are perceived. Numerous studies have shown that women are perceived as less competent than men and that the same work is evaluated more critically when it is thought to have been done by a woman than by a man. This problem exists in all aspects of life, but it is especially acute for women in professional roles, such as academics. Legal academia, however, seems to be particularly resistant to viewing women as equally competent. The article presents original empirical research that shows that student evaluations of …


The Doctrine Of Informed Consent And Women: The Achievement Of Equal Value And Equal Exercise Of Autonomy, Lisa Napoli Jan 1996

The Doctrine Of Informed Consent And Women: The Achievement Of Equal Value And Equal Exercise Of Autonomy, Lisa Napoli

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan Jan 1996

Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin Jan 1996

The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh Jan 1996

Turning Labor Into Love: Housework And The Law, Katharine B. Silbaugh

Faculty Scholarship

Women's unpaid domestic labor produces tremendous economic value. In the United States, women spend more of their productive work hours in unpaid labor than in paid labor, and the credible estimates of the economic value of unpaid labor range from the equivalent of 24% to 60% of the U.S. Gross Domestic Product ("GDP"). Given its economic value and its significant role in the working lives of women, it is surprising that the topic of home labor has received no systematic examination by legal scholars. This Article undertakes such an examination. It concludes that a wide range of legal doctrines treat …


Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford Jan 1996

Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford

Cardozo Journal of Equal Rights & Social Justice

The legal system should consider unique circumstances when sentencing mothers who kill their children, focusing on mitigating factors such as mental state, abuse history, and societal pressures, rather than applying uniform punishments.


Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison Jan 1996

Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison

Faculty Scholarship

While we believe that the work of healing our cultural dyslexia is partly cognitive, in and through this paper we have tried to enact the experiential aspect. We may approach the entrances of the borderlands through reading and thinking, however we believe that the borderlands is a phenomenon of living, a phenomenon of well-intentioned people interacting in deliberate and thoughtful ways with those who are simultaneously like and unlike us/them. The borderlands require that we bring our critical faculties to bear on life's experiences, but, more often than not, we must suspend them in favor of more charitable and affiliative …


The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover Jan 1996

The First Stone In Retrospect: An Outsider's Observations On The Book And Its Critics, Susan Grover

Faculty Publications

No abstract provided.


An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci Jan 1996

An Introduction To “Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights?” - False Dichotomies Make Bad Law., Paris R. Baldacci

Cardozo Journal of Equal Rights & Social Justice

The article examines the contentious issue of mandatory HIV screening of newborns, highlighting the false dichotomy often presented in the debate between the welfare of the child and the constitutional rights of the mother. It argues that this dichotomy oversimplifies the complex legal, medical, and ethical considerations involved, leading to ineffective public policy. The article emphasizes the need for a more holistic approach that balances medical interventions with respect for individual rights and addresses the broader societal and structural factors affecting HIV-infected mothers and their children.


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.


Griswold V. Connecticut: Contraception And The Right Of Privacy, Susan Wawrose Jan 1996

Griswold V. Connecticut: Contraception And The Right Of Privacy, Susan Wawrose

Books and Book Chapters by University of Dayton Faculty

Presents a thought-provoking look at a groundbreaking Supreme Court case, Griswold v. Connecticut, involving the directors of a women's health clinic, arrested for violating state contraception laws, and the court's resulting affirmation of a constitutional right to privacy.


Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro Jan 1996

Custody And Conduct: How The Law Fails Lesbian And Gay Parents And Their Children, Julie Shapiro

Faculty Articles

When parents dispute child custody, courts determine their rights by using a "best interests of the child" analysis. In this context, courts consider a host of factors, including parental sexuality. When considering the suitability of custody for a lesbian or gay parents, most courts employ a nexus test - one that requires a showing of a nexus between parental sexuality and the well-being of the child. A smaller number continue to use a harsher test that disqualifies lesbian and gay parents under a per se rule. This article argues that closer examination reveals that even the apparently more liberal nexus …


Masthead - Cardozo Women's Law Journal, Vol. 3 (1996) Jan 1996

Masthead - Cardozo Women's Law Journal, Vol. 3 (1996)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford Jan 1996

An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.


Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 2 Jan 1996

Table Of Contents - Cardozo Women's Law Journal, Vol. 3, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric Jan 1996

Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.


Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke Jan 1996

Equal Rights-Compatibility Of Family And Career-Legal Comparison: East Germany (Gdr) And Federal Republic Of Germany Today, Anita Grandke

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of gender equality in East Germany from the post-WWII era through the 1990 unification with West Germany, highlighting how East Germany's progressive laws promoting women's rights were rolled back after unification, leading to significant setbacks for women in employment, family life, and legal protections.


Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust Jan 1996

Reach And Substance Of The Principle Of Equal Treatment In Social Security Law Under European Community And German Constitutional Law, Ursula Rust

Cardozo Journal of Equal Rights & Social Justice

The article examines the principle of equal treatment in social security law under European Community (EC) law and German constitutional law, highlighting their differences in scope and application. While both legal systems prohibit sex-based discrimination, EC law, primarily through Directive 79/7, applies narrowly to specific risks and allows significant exceptions, particularly for survivor and family benefits. In contrast, German constitutional law provides broader protections under the Basic Law, which directly binds the legislature and judiciary to ensure equal rights, though it also struggles with addressing indirect discrimination effectively.


The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman Jan 1996

The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman

Cardozo Journal of Equal Rights & Social Justice

The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.


Getting To Yes: The Case Against Banning Consensual Relationships In Higher Education, Sherry Young Jan 1996

Getting To Yes: The Case Against Banning Consensual Relationships In Higher Education, Sherry Young

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch Jan 1996

Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Women In Corporate Law: Rewriting The Rules, Amy E. Decker Jan 1996

Women In Corporate Law: Rewriting The Rules, Amy E. Decker

American University Journal of Gender, Social Policy & the Law

No abstract provided.


He Never Had The Right, Lisa Demsky Jan 1996

He Never Had The Right, Lisa Demsky

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Helping Give Back The Night: A Male Perspective, David Jaffe Jan 1996

Helping Give Back The Night: A Male Perspective, David Jaffe

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves Jan 1996

Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves

American University Journal of Gender, Social Policy & the Law

No abstract provided.


From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch Jan 1996

From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende Jan 1996

Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende

American University Journal of Gender, Social Policy & the Law

No abstract provided.