Law and Gender Commons^™

Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson

Publications

No abstract provided.

Woman's Ghetto Within The Legal Profession, Marilyn Berger, Kari A. Robinson

Faculty Articles

In this article, we explore how the historical, stereotypical images of women as the timid, delicate caretaker shaped and continue to shape women's roles in the work force. As women entered the workplace, they became nurses, not doctors; dental hygienists, not dentists; paralegals, not lawyers; and kindergarten teachers, not university professors. This pattern persists today. We examine the professions to show how women's nurturing caretaker image has resulted in special niches within the professions, positions which perpetuate women in caretaker roles. Specifically, we examine the legal profession and probe the contemporary barricades erected to channel women into positions that fulfill …

Abortion And The Pied Piper Of Compromise, Annette E. Clark

Faculty Articles

In this article, Professor Clark offers a detailed analysis of the controversy among legal scholars which has long surrounded the issue of legal regulation of abortion. Professor Clark begins by focusing on a recent book by Professor Laurence Tribe, Abortion: The Clash of Absolutes. She argues that although Tribe claims to seek a compromise solution to the abortion problem, he fails in this pursuit both because he does not truly search for compromise and because he is unwilling to explore intermediate moral or legal positions that are not acceptable to either the pro-choice or pro-life movements. In contrast, Professor Clark …

A Unified Approach To Causation In Disparate Treatment Cases: Using Sexual Harassment By Supervisors As The Causal Nexus For The Discriminatory Motivating Factor In Mixed Motive Cases, Margaret E. Johnson

All Faculty Scholarship

This Comment examines a unified approach for disparate treatment mixed motives claims paired with sexual harassment claims under Title VII. The Author argues that because of the policy for nondiscriminatory and desegregated work environments embodied in Title VII, and because of the documented harm resulting from sexual harassment, courts should allow the burden of proof to shift to the defendant if the plaintiff demonstrates that her supervisor sexually harassed her, or condoned the harassment, and that the harassing supervisor made an employment decision that was adverse to her.

Battered Women: A Perspective On Injustice, Michael Dowd

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and legal challenges faced by battered women, particularly in the context of self-defense claims. It traces the roots of spousal abuse to early social and religious norms that subjugated women, leading to a legacy of systemic injustice. The traditional self-defense doctrine, based on an assumption of equal physical confrontation, often fails to protect battered women, forcing them to rely on mental disease defenses. Expert testimony on battered woman syndrome has gained recognition, aiding some women who kill their abusers, but its impact varies. The article critiques the legal system's inadequate support for battered women, emphasizing …

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.

Implications Of Bankruptcy On Alimony, Maintenance, And Support In The Second Circuit, Kenneth Charles Fieldston

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Unwed Father's Rights In New York: How Far Does The Protection Extend?, Elise Schlackman

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution of unwed fathers' rights in New York, highlighting the Supreme Court's recognition of their constitutional protections, particularly in cases like Stanley v. Illinois, Caban v. Mohammed, and Lehr v. Robertson. It critiques New York's efforts to comply with these rulings, emphasizing the unconstitutionality of certain statutes and the need for clear legislative standards to balance fathers' rights with the best interests of the child.

Feminist Thought And Corporate Law: It's Time To Find Our Way Up From The Bottom (Line), Ronnie Cohen

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Gender-Related Persecution: A Legal Analysis Of Gender Bias In Asylum Law, Sunny Kim

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman Marianne Wesson, Marianne Wesson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Legal Education, Feminist Epistemology, And The Socratic Method, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Feminist Legal Epistemology, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann

Faculty Scholarship

The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.² Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …

Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke

Faculty Scholarship

What is sex? Is it an accidental or contingent property that every person can be said to have? I am brunette and female, but the Pope is bald and male. Or, is sex more constitutive, that is, an essential part of who we are? In this respect, the claim is often made that women experience the world ditfierently than men. Or, is sex something we do?

If we consider sex as an adjective, can we or should we be able to manipulate it like a new hair style? Or does the notion of sexual malleability trivialize the significance …

The Political Economy Of Female Violent Street Crime, Deborah Baskin, Ira Sommers, Jeffrey A. Fagan

Faculty Scholarship

Ten years after the U.S. Attorney General's Task Force on Violent Crime considered problems of violence in the United States, and on the heels of a National Academy Sciences report on violence, the nation seems poised to begin a new "war on violence." Past "wars" on crime problems, including the recently stalemated "war on drugs" have focused primarily on males. This one promises to be no different. Violence continues to be viewed as the province of young males in urban areas. According to the Uniform Crime Reports, over 75% of homicide victims in 1990 were males, and over 85% of …

Feminism And Disciplinarity: The Curl Of The Petals, Carol Sanger

Faculty Scholarship

In this Symposium, feminism has been invited to take a place alongside such well-established disciplines as history, philosophy, and economics in a consolidated exploration of interdisciplinary approaches to law. While sincerely extended – the feminist entry is not the only one that women are writing – and generously unbounded as to scope, ... the invitation raises what for many is a prior question: Is feminism a discipline at all?

As the feminist delegate to this interdisciplinary Symposium, I have therefore taken as my initial task consideration of the issue implicit in the invitation: feminism's credentials as a discipline. I explore …

Give Me Liberty Or Give Me Death: Political Asylum And The Global Persecution Of Lesbians And Gay Men, Suzanne B. Goldberg

Faculty Scholarship

In a time marked by dramatic global change, women and men persecuted because they are lesbian or gay form part of the growing pool of international refugees. Their persecution takes the form of police harassment an assault, involuntary institutionalization and electroshock and drug "treatments," punishment under laws that impose extreme penalties including death for consensual lesbian or gay sexual relations, murder by paramilitary death squads, and government inaction in response to criminal assaults against lesbians and gay men. The survival of these women and men, like the survival of all refugees, depends on obtaining asylum outside the home country. Yet, …

Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone

Popular Media

No abstract provided.

John D. Appel, Robert S. Rifkind

Cardozo Law Review

No abstract provided.

Fax: Endorsement Of Bill Clinton, October 4, 1992, Edna Louise Saffy

Saffy Collection - All Textual Materials

A fax sent to members of the American Arab Institute providing the requested endorsement for Bill Clinton.

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.

The "Different Voice" In Jewish Law: Some Parallels To A Feminist Jurisprudence, Steven F. Friedell

Indiana Law Journal

No abstract provided.

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.

Sex Selection: Regulating Technology Enabling The Predetermination Of A Child's Gender, Owen D. Jones

Vanderbilt Law School Faculty Publications

The debate over the prohibition of sex (or gender) selection (also known as "preselection" or "predetermination"), has focused almost exclusively on the context of aborting a "wrong-sex" fetus after a fetal gender-identification procedure. Despite the fact that sex selection abortions represent only a small subset of sex selection procedures, attitudes toward the former are driving general policy approaches to the latter. However, the issues are analytically distinct, and only during the former infancy of the pre-conceptive (and non-abortive post-conceptive) technology for sex selection were members on both sides of the debate afforded the economy of using one logic to support …

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.

The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle

Dalhousie Law Journal

My topic is the role of the judiciary in the work of Madame Justice Wilson, but I am going to use a particular focus. I started with the famous lecture "Do Women Judges Really Make a Difference" delivered at Osgoode Hall Law School7 and it helped me think of a question. What is it that women judges might make a difference to? One answer is the law, another is judging itself. These themes were very clear in Madame Justice Wilson's lecture. Another answer, however, is the concept of woman. When women judges make a difference to law, part of what …

A Comment On Cass Sunstein's Equality, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.