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Gender, Family, And Work, Marcia L. McCormick 2012 Saint Louis University School of Law

Gender, Family, And Work, Marcia L. Mccormick

All Faculty Scholarship

The country has prohibited sex discrimination since the 1960’s, but society continues to view women and men differently because women give birth, breastfeed, and are traditional caregivers. This article takes a historical look at court decisions and legislative efforts to address equality where men and women are not similarly situated and also explores recent developments and current debates, such as caregiver discrimination, lactation rooms and breaks, and the Affordable Care Act’s contraceptive mandate. Despite the abundance of legislation and court decisions over the past forty years, much progress still needs to be made.


How (Not) To Talk About Abortion, Meredith J. Harbach 2012 University of Richmond

How (Not) To Talk About Abortion, Meredith J. Harbach

Law Faculty Publications

In this essay, I aim to have a conversation about how we converse- how we talk-about abortion and related issues. In the process, I want to consider how we might come together to discover issues of shared commitment and values and transform the existing abortion debate. I begin with a review of some of the more notable abortion-related rhetoric during the 2012 Virginia General Assembly, and contrast that rhetoric with the discourse in my classroom. I then consider whether and how we might move forward together toward a more meaningful and productive dialogue on these issues.


Renegotiating The Social Contract, Jennifer S. Hendricks 2012 University of Colorado Law Review

Renegotiating The Social Contract, Jennifer S. Hendricks

Publications

This review of The Supportive State: Families, Government and America’s Political Ideals highlights Maxine Eichner’s important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The review then considers some implications of Eichner’s proposals and their likely reception among feminists. It concludes that The Supportive State is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.


The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff 2012 American University Washington College of Law

The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff 2012 American University Washington College of Law

Two Parts Of The Landscape Of Family In America: Maintaining Both Spousal And Domestic Partner Employee Benefits For Both Same-Sex And Different-Sex Couples, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck 2012 American University Washington College of Law

The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Rethinking Gender Equality In The Legal Profession's Pipeline To Power: A Study On Media Coverage Of Supreme Court Nominees (Phase 1, The Introduction Week), Hannah Brenner, Renee Newman Knake 2012 California Western School of Law

Rethinking Gender Equality In The Legal Profession's Pipeline To Power: A Study On Media Coverage Of Supreme Court Nominees (Phase 1, The Introduction Week), Hannah Brenner, Renee Newman Knake

Faculty Scholarship

Three women now sit on the Supreme Court of the United States, and a fourth recently retired, suggesting the attainment of formal gender equality. Despite this appearance of progress, women remain significantly underrepresented in major leadership roles within the legal profession, where they face extensive gender bias and stereotyping. This gender bias and stereotyping is also leveraged against women who are featured in the media, illustrated vividly by coverage of the most recent Supreme Court nominations. Headlines from mainstream news, "Then Comes the Marriage Question" in the New York Times or "The Supreme Court Needs More Mothers" in the Washington …


A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber 2012 University of Colorado Law School

A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber

Publications

No abstract provided.


Do Female “Firsts” Still Matter?: Why They Do For Women Of Color, Amber Shanahan-Fricke, Angela Onwuachi-Willig 2012 Boston University School of Law

Do Female “Firsts” Still Matter?: Why They Do For Women Of Color, Amber Shanahan-Fricke, Angela Onwuachi-Willig

Faculty Scholarship

This Article argues that diversifying the federal judiciary with more women and men of color, but particularly with more women of color, is essential to moving forward and strengthening this country’s democracy. Specifically, this Article responds to arguments by prominent feminists that having female “firsts” on the bench is not as critical as having the “right” women on the bench—“right” meaning those women who are invested in and supportive of what are traditionally viewed as women’s issues. In so responding, this Article acknowledges the appeal of such arguments regarding judicial service from the “right” women, but contends that, while achieving …


Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger 2012 UC Hastings College of the Law

Perceiving And Reporting Domestic Violence Incidents In Unconventional Settings: A Vignette Survey Study, Hadar Aviram, Annick Persinger

Faculty Scholarship

No abstract provided.


Regulating The Sex Trade, John Avery 2012 Seton Hall Law

Regulating The Sex Trade, John Avery

Student Works

No abstract provided.


Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka 2012 Seton Hall Law

Killing For Possession And Killing For Survival: Gender And The Criminal Law Of Provocation And Self-Defense, Danielle Rosiejka

Student Works

No abstract provided.


Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard 2012 New York Law School

Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard

Other Publications

No abstract provided.


Work-Family Conflict And The Pipeline To Power: Lessons From European Gender Quotas, Julie C. Suk 2012 Benjamin N. Cardozo School of Law

Work-Family Conflict And The Pipeline To Power: Lessons From European Gender Quotas, Julie C. Suk

Articles

The article examines the persistent gender disparities at the top of the legal profession, attributing them to work-family conflict and the disproportionate impact of caregiving responsibilities on women. It explores European gender quotas as a potential solution, arguing that such measures address the legitimacy and effectiveness of institutions by ensuring gender parity in leadership positions. While acknowledging the challenges in implementing quotas in the U.S., the analysis suggests that European approaches offer valuable insights for addressing the "leaky pipeline" and advancing gender equality in the legal profession.


Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships, Carlton M. Smith, Edward D. Stein 2012 Benjamin N. Cardozo School of Law

Dealing With Doma: Federal Non-Recognition Complicates State Income Taxation Of Same-Sex Relationships, Carlton M. Smith, Edward D. Stein

Articles

Various states now recognize relationships between people of the same-sex, but due to the Defense of Marriage Act, the federal government does not. In the context of income taxes, this combination of state recognition and federal non-recognition of same-sex relationships produces a significant problem for many same-sex couples and some state taxing authorities. Most states have income tax and, typically, state income tax laws “piggyback” on federal income tax laws. Depending on the state, same-sex couples in legally-recognized relationships must file their state income tax returns as married (either “filing jointly” or “filing separately”), as domestic partners, or as parties …


Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy, Jody L. Madeira 2012 Indiana University Maurer School of Law

Woman Scorned?: Resurrecting Infertile Women's Decision-Making Autonomy, Jody L. Madeira

Articles by Maurer Faculty

Legal scholarship portrays women as reproductive decision makers in conflicting ways. The distinctions between depictions of infertile women and women considering abortion are particularly striking. A woman seeking infertility treatment, even one who faces no legal obstacles, is often portrayed as so emotionally distraught and desperate that her ability to give informed consent is potentially compromised. Yet, the legal academy has roundly rejected similar stereotypes of pregnant women considering abortion, depicting them as confident and competent decision makers. This Article argues that legal scholars' use of a "desperate woman" stereotype denies women's ability to critically assess the health risks and …


Barriers To Women's Access To Justice In Haiti, Meena Jagannath 2011 Bureau des Avocats Internationaux

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview of the …


Normal For Whom? Gender Acculturation In Native American Communities, Elizabeth C. Lyons 2011 DePaul University

Normal For Whom? Gender Acculturation In Native American Communities, Elizabeth C. Lyons

DePaul Journal of Women, Gender and the Law

No abstract provided.


Let Women Choose What Is Best For Their Bodies And Babies: Why Illinois Should Legalize Direct-Entry Midwifery, Theresa Kleinhaus 2011 DePaul University

Let Women Choose What Is Best For Their Bodies And Babies: Why Illinois Should Legalize Direct-Entry Midwifery, Theresa Kleinhaus

DePaul Journal of Women, Gender and the Law

No abstract provided.


Sheltering Victims: The Need For Regulations In Domestic Violence Asylum Law, Angel Marie Graf 2011 DePaul University

Sheltering Victims: The Need For Regulations In Domestic Violence Asylum Law, Angel Marie Graf

DePaul Journal of Women, Gender and the Law

No abstract provided.


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