Irish American Women: Forgotten First-Wave Feminists,
2012
University of Missouri-St. Louis
Irish American Women: Forgotten First-Wave Feminists, Sally Barr Ebest
Journal of Feminist Scholarship
Numerous books have been written about American feminism and its influence on education and society. But none have recognized the key role played by Irish American women in exposing injustice and protecting their rights. Certainly their literary heritage, inherent knowledge of English, and membership in the single largest ethnic group gave them an advantage. But their dual positions as colonized, second-class citizens of their country and their religion gave them their political edge, a trait that has been evident since the Irish first stepped off the boat and that continues to this day. This essay focuses on the first wave …
Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law,
2012
University of South Dakota School of Law
Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard
Faculty Publications
No abstract provided.
Rural Inheritance: Gender Disparities In Farm Transmission,
2012
University of South Dakota School of Law
Rural Inheritance: Gender Disparities In Farm Transmission, Hannah Haksgaard
Faculty Publications
Farmers are farmers' sons. Notable in our modern day, heralded by many as a gender-neutral society, it is farmers' sons, not farmers' daughters, who become farmers and take over ownership and management of the family farm. It has long been true that agricultural knowledge and land have passed through generations of men. In contrast, daughters, even today, are neither considered to be farmers nor likely to inherit family farmland. This Article begins by chronicling how farmland is inherited (by sons) then discusses why the pattern of excluding women continues. There have been substantial legal changes in the United States impacting …
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change,
2012
University of Richmond
Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda
Richmond Public Interest Law Review
However, this essay suggests a different, or additional, approach. Rather than focusing on the many barriers to equality originating from others, this essay focuses on women's power to forge equality. Some of this power is cloaked, unharnessed, and underutilized. This essay is intended to challenge women to reconstitute the power of motherhood as a means of transforming not only families, but also law and society. This essay suggests the power of women to be mothering teachers and teaching mothers. Women have a choice, even an affirmative duty, to unharness their power to facilitate change and shape a status quo of …
Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions,
2012
University of Richmond
Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf
Richmond Public Interest Law Review
This Comment contends that cultural and legal representations of breastfeeding in custody determinations highlight contradictory notions of motherhood and family that mirror liberal and conservative family traditions thought to be long dead.
Cedaw And Rural Development: Empowering Women With Law From The Top Down, Activism From The Bottom Up,
2012
Law Offices of John F. Martin, P.C.
Cedaw And Rural Development: Empowering Women With Law From The Top Down, Activism From The Bottom Up, Marta R. Vanegas, Lisa R. Pruitt
University of Baltimore Law Review
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is one of the most widely ratified human rights treaties in history, yet many view it as a failure in terms of what it has achieved for women. In spite of the lack of a meaningful enforcement mechanism and various other shortcomings, however, CEDAW has inspired feminist activism around the world and helped raise women's legal consciousness. While CEDAW itself is widely viewed as a product of feminist activism in the international arena, this essay explores the Convention's role as a source of-and tool for-grassroots feminist activism. …
Cross-Dressers With Benefits: Female Combat Soldiers In The United States And Israel,
2012
University of Dayton School of Law
Cross-Dressers With Benefits: Female Combat Soldiers In The United States And Israel, Pamela Laufer-Ukeles
University of Baltimore Law Review
No abstract provided.
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents,
2012
Southern Methodist University, Dedman School of Law
The New Illegitimacy: Tying Parentage To Marital Status For Lesbian Co-Parents, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
Should a child be allowed two legal parents only if born into a marriage? For children of heterosexual parents, the answer, today, is definitively "no." Constitutional protection for parental rights does not permit the ties between an unwed father and his child to be severed simply because he is not married to the child's mother. But the answer is often different for the child of a lesbian mother. In a recent opinion, Debra H. v. Janice R., the New York Court of Appeals ruled that a lesbian co-parent- a woman who had participated in the conception, birth, and early rearing …
Bridging The Great Divide--A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash,
2012
University of Colorado Law School
Bridging The Great Divide--A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss
Publications
This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into …
Sisters In Law: Black Women Lawyers' Struggle For Advancement,
2012
University of Oklahoma College of Law
Sisters In Law: Black Women Lawyers' Struggle For Advancement, Carla Pratt
Faculty Articles
While the presence of women in law school and the legal profession has improved greatly, the uncomfortable reality is that women tend to occupy positions in the legal profession that subordinate them to men. This reality is even more glaring when the position of black women is examined. Black women carry the burden of multiple consciousness which influences every aspect of their professional lives. Multiple consciousness means that black women must be mindful of their professional identity, their gender and their race in navigating the pipeline to power. This paper will explore the multiple consciousness that intersecting identities invoke and …
Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual,
2012
Centre for Health, Bioethics and Human Rights, Enugu, Nigeria
Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi
Journal of Law and Health
This Article consists of seven sections. Following the introduction, Part II reconstructs the debate as to whether Female Genital Ritual is a legitimate cultural practice or a human rights violation, and it sets forth the major arguments. Part III delves into, and debunks, the moral relativist argument regarding FGR. Part IV seeks to determine whether FGM is evil. A foray into the theory of evil, the section draws critical distinctions between FC and FGM and explains why the distinctions are of paramount moral importance. Part IV also concludes that FGM is evil, and thus, among the issues related to the …
Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity,
2012
Cleveland State University
Reforming The Safe Haven In Ohio: Protecting The Rights Of Mothers Through Anonymity, Brittany Neal
Journal of Law and Health
This Note discusses the conflict between the statewide safe haven law and the Ohio juvenile rules regarding procedure. It purports that to protect the rights of new mothers and retain the essential element of anonymity, Ohio’s Juvenile Rule 1(C) needs to be amended to maintain the state’s current safe haven law. Therefore, because of the statewide threat Ohio courts place on Ohio’s safe haven law, Juvenile Rule 1(C) needs to explicitly provide for an additional exception in cases of child relinquishment. Section II of this Note discusses the beginning of state safe haven legislation and what the laws are attempting …
Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology,
2012
Penn State Law
Female Law Students, Gendered Self-Evaluation, And The Promise Of Positive Psychology, Dara Purvis
Faculty Scholarship
For the last several decades, studies and surveys have shown that female law students perform worse and feel worse about their experiences in law school than do male students. Hidden in average figures, however, is a subgroup of female students who thrive. Positive psychology, focusing on what traits make people happy rather than how to alleviate depression, provides novel ideas of how to improve legal education for women without making accommodations specifically targeting gender.
Book Review, Barbara Babcock's Woman Lawyer: The Trials Of Clara Foltz,
2012
1877
Book Review, Barbara Babcock's Woman Lawyer: The Trials Of Clara Foltz, Tracy A. Thomas
Akron Law Faculty Publications
Woman Lawyer tells the story of Clara Foltz, who in 1878 became the first female lawyer in California. Today her legacy is memorialized in the Clara Shortridge Foltz Criminal Justice Center in Los Angeles. The courthouse recognizes Foltz’s efforts to establish the office of the public defender. Barbara Babcock is eager to tell Foltz’s story, and the details come tumbling out.
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture,
2012
University of New Mexico - School of Law
Beyond Best Practices For Legal Education: Reflections On Cultural Awareness - Exploring The Issues In Creating A Law School And Classroom Culture, Antoinette M. Sedillo Lopez
Faculty Scholarship
If law schools are to prepare students for the reality of practice, it is useful to help students become aware of cultural issues that can affect client representation by examining the culture that the law school creates. The culture created by faculty, students, administration, and staff will affect the law student's acculturation as a legal professional as well as the law student's psychological well-being. This issue was addressed briefly in Best Practices for Legal Education (Best Practices), but not developed. This essay explores some of the challenges and opportunities of bringing cross-cultural issues into a law school classroom and some …
Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi,
2012
University of New Mexico - School of Law
Remediating Discrimination Against African American Females At The Intersection Of Title Ix And Title Vi, Alfred Dennis Mathewson
Faculty Scholarship
In Part I, I present a brief treatment of intersectionality in anti-discrimination law focusing on the distinction between cause of action and remedy. Harm caused by gender or racial discrimination may give rise to causes of action based on equal protection principles." In Part II, I go further and argue that the primary intersectionality problem presented by Title IX is one of remedy. I conclude that the differences in the remedial effects of Title IX result, in part, from unremedied racial discrimination, a conclusion that begins with Professor Jerome Dees's argument that Brown v. Board of Education and anti-discrimination laws …
The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003,
2012
California Western School of Law
The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox
Faculty Scholarship
My service as chair of the Section on Women in Legal Education ("Section") was rather unusual. I started serving on the Executive Committee in 1999 and became Chair-Elect in 2001. Veryl Miles (Catholic) was Chair for 2001 but became Deputy Director of the Association of American Law Schools (AALS) in August that year, so I served out her term as Interim Chair from August 1 to December 31, 2001. Then I became Chair-Elect again in 2002 (because I was on sabbatical that year and could not serve as Chair) and Vernellia Randall agreed to step in as Chair. I served …
Intuition And Feminist Constitutionalism,
2012
Columbia Law School
Intuition And Feminist Constitutionalism, Suzanne B. Goldberg
Faculty Scholarship
In any constitutional system, we must ask, as a foundational inquiry, when and why a government may distinguish between groups of constituents for purposes of allocating benefits or imposing penalties. For feminists and others with a stake in challenging inequalities, the rationales that a society deems acceptable for justifying these classifications are centrally important. Heightened scrutiny jurisprudence for sex-based and other distinctions may help capture some of the rationales that rest on stereotypes and outmoded biases. However, at the end of the day, whatever level of scrutiny is applied, the critical question at any level of review is whether, according …
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control,
2012
Columbia Law School
From Private Violence To Mass Incarceration: Thinking Intersectionally About Women, Race, And Social Control, Kimberlé W. Crenshaw
Faculty Scholarship
The structural and political dimensions of gender violence and mass incarceration are linked in multiple ways. The myriad causes and consequences of mass incarceration discussed herein call for increased attention to the interface between the dynamics that constitute race, gender, and class power, as well as to the way these dynamics converge and rearticulate themselves within institutional settings to manufacture social punishment and human suffering. Beyond addressing the convergences between private and public power that constitute the intersectional dimensions of social control, this Article addresses political failures within the antiracism and antiviolence movements that may contribute to the legitimacy of …
How The Expressive Power Of Title Ix Dilutes Its Promise,
2012
University of Baltimore School of Law
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
All Faculty Scholarship
Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …
