Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers,
2012
University of New Hampshire School of Law
Consumer Rights Screening Tool For Domestic Violence Advocates And Lawyers, Leah A. Plunkett, Erica A. Sussman
Law Faculty Scholarship
The information is this document is intended for use by advocates and attorneys working with survivors of domestic violence in understanding the common types of consumer problems faced by the survivors. The document provides an overview of the common consumer issues faced by survivors and offers solid guidance on how advocates and attorneys can identify these issues when working the survivors. The report begins with an overview of the role of economic abuse in cases of domestic violence. This is followed by a brief look at common consumer issues faced by survivors that include managing household income and expenses, credit …
Soul Of A Woman: The Sex Stereotyping Prohibition At Work,
2012
Northwestern University School of Law
Soul Of A Woman: The Sex Stereotyping Prohibition At Work, Kimberly A. Yuracko
Faculty Working Papers
In 1989 the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited from of sex discrimination at work. This seemingly simple declaration has been the most important development in sex discrimination jurisprudence since the passage of Title VII. It has been used to extend the Act's coverage and protect groups that were previously excluded. Astonishingly, however, the contours, dimensions and requirements of the prohibition have never been clearly articulated by courts or scholars. In this paper I evaluate four interpretations of what the sex stereotyping prohibition might mean in order to determine what it actually …
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life,
2012
Florida State University College of Law
Regulating At The Margins: Non-Traditional Kinship And The Legal Regulation Of Intimate And Family Life, Courtney Megan Cahill
Scholarly Publications
This Article offers a new theory of how the law attempts to control intimate and family life and uses that theory to argue why certain laws might be unconstitutional. Specifically, it contends that by regulating non-traditional relationships and practices that receive little or no constitutional protection— same-sex relationships, domestic partnerships, de facto parenthood, and nonsexual procreation—the law is able to express its normative ideals about all marriage, parenthood, and procreation. By regulating non-traditional kinship, then, the law can be aspirational in a way that the Constitution would ordinarily prohibit and can attempt to channel all of us in ways that …
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics,
2012
Brennan Center for Justice at New York University School of Law
Abortion And Informed Consent: How Biased Counseling Laws Mandate Violations Of Medical Ethics, Ian Vandewalker
Michigan Journal of Gender & Law
If we slightly change the facts of the story about the discouraging doctor, it becomes a story that happens every day. Abortion patients face attempts to discourage them from terminating their pregnancies like those the imaginary doctor used, as well as others-and state laws mandate these attempts. While the law of every state requires health care professionals to secure the informed consent of the patient before any medical intervention, over half of the states place additional requirements on legally effective informed consent for abortion. These laws sometimes include features that have ethical problems, such as giving patients deceptive information. Unique …
Recognizing The Right To Petition For Victims Of Domestic Violence,
2012
University of Denver
Recognizing The Right To Petition For Victims Of Domestic Violence, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Like any citizen, a victim of domestic violence (DV) may call the police for help when she needs it. And yet, when a victim calls the police, she not only seeks law enforcement assistance but also invokes her constitutional right to seek one of the most fundamental services the government can provide—protection from harm. That right, recently described by the Supreme Court as “essential to freedom,” is the right “to petition the Government for a redress of grievances” guaranteed by the First Amendment. This Article argues that a combination of law and policy initiatives produces negative collateral consequences for DV …
Gender And Securities Law In The Supreme Court,
2012
Washington and Lee University School of Law
Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone
Scholarly Articles
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?
This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …
Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs,
2012
University of Idaho College of Law
Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum
Articles
No abstract provided.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone,
2012
Western Law, Western University
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Law Publications
No abstract provided.
Recent Developments In International Criminal Law: 2011-2012,
2012
Western Law, Western University
Recent Developments In International Criminal Law: 2011-2012, Valerie Oosterveld
Law Publications
No abstract provided.
Questioning Appropriation: Agency And Complicity In A Transnational Feminist Location Politics,
2012
Pitzer College
Questioning Appropriation: Agency And Complicity In A Transnational Feminist Location Politics, Joe Parker
Journal of Feminist Scholarship
In feminist circles agency is often opposed to complicity and associated with resistance to sexism and patriarchy, yet such binary oppositions make the political stakes of their presumed boundaries difficult to interrogate. By bringing location politics into dialogue with agency theory, boundaries of same/Other and location categories may move from a naturalized ground for political work to the contested center of a politics of resistance. I follow a Foucauldian interpretation of agency to reconsider the ethico-politics of established divisions of self and Other both individually and in terms of social movements. By following Gayatri Spivak, Meyda Yeğenoğlu, and Chandra Mohanty's …
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study,
2012
UC Law SF
Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger
UC Law SF Journal on Gender and Justice
Domestic violence abuse is under-reported to police, but has long been viewed only through a lens of female oppression. Some literature suggests that in unconventional abusive relationships, such as in same-sex relationships or in relationships with a female batterer and male victim, the problem of under-reporting is more severe. This Article uses a vignette survey design to examine the tendencies to report such incidents to the police, by controlling for the type of relationship, the existence of outing threats, and the presence of mutual violence. Compared to the typical scenario involving a male batterer and female victim, we find significantly …
Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education,
2012
American University Washington College of Law
Addressing Intersectionality In The Lives Of Women In Poverty: Incorporating Core Components Of A Social Work Program Into Legal Education, Beth Caldwell
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Mère,
2012
Allard School of Law at the University of British Columbia
Mère, Régine Tremblay
All Faculty Publications
Qu'est-ce qu'une mère en droit? Cette entrée encyclopédique explore de manière critique et transsystémique la notion de mère en droit, à la lumière des deux grandes traditions juridiques canadiennes.
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women,
2012
Indiana University Maurer School of Law
Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner
Articles by Maurer Faculty
The racial and ethnic ancestries of blacks benefiting from affirmative action is changing, as foreign-born blacks and blacks with a non-black parent constitute disproportionately large percentages of blacks attending many selective higher education institutions. Coupled with the challenges arising from the educational achievement levels of black males during the past two decades, Brown and Turner examine the implication of these developments and the likelihood that they are creating further disadvantages for black women lawyers.
Against The New Maternalism,
2012
Georgetown University Law Center
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Michigan Journal of Gender & Law
Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project,
2012
American University Washington College of Law
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto
Michigan Journal of Gender & Law
The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …
Civil Marriage: Threat To Democracy,
2012
University of Toledo College of Law
Civil Marriage: Threat To Democracy, Jessica Knouse
Michigan Journal of Gender & Law
This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing,
2012
Bar-Ilan University, Ramat-Gan, Israel
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach
Michigan Journal of Gender & Law
Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …
No Contact Parole Restrictions: Unconstitutional And Counterproductive,
2012
University of Michigan Law School
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
Michigan Journal of Gender & Law
Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law,
2012
University of St. Thomas Law School
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.
Michigan Journal of Gender & Law
On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …
