Law and Gender Commons^™

Pregnancy Leave And Seniority Systems Under Title Vii: A Critique Of At&T; V. Hulteen, Polina Zhong

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Un Women: Jumping The Hurdles To Overcoming Gender Inequality, Or Falling Short Of Expectations?, Kerry Boyne

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by UN Women in addressing the interconnected issues of the feminization of poverty and HIV/AIDS, particularly in developing countries. It argues that while UN Women represents a significant step forward with its consolidated structure and increased resources, its success in eradicating these issues depends on overcoming deeply entrenched gender inequalities, inadequate funding, and the effectiveness of its implementation strategies. The analysis highlights the need for UN Women to not only formulate norms but also ensure their proper incorporation and implementation at national and local levels.

Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens, Adrienne D. Davis, Annette R. Appell

Scholarship@WashULaw

This Introduction to the Symposium, Race to Justice: Mass Incarceration and Masculinity through a Black Feminist Lens, rehearses the animating forces that led to a colloquium and a series of papers that explore the question of mass incarceration and the negative state engagement surrounding it through gendered and feminist lenses. The Introduction explains how an analysis of mass incarceration through the lens of gender complicates what is often conceived as a story about race. Instead mass incarceration can be more deeply understood through its gendered effects on men and the women and children connected to those men. These connections include …

Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”, Adrienne D. Davis

Scholarship@WashULaw

This is the first of three inquiries into what might be thought of as erotic entitlement. It explores the role of the erotic in regulatory and distributive regimes. Conceived as a reply to Susan Stiritz and Susan Appleton‘s provocative and rich essay Sex Therapy in the Age of Viagra, it starts by summarizing the innovations of their argument. It next uses their paper to pose some questions. First, in this time of contentious feminist, constitutional, and human rights sexual discourse, how is the erotic defined? How is the erotic related to and distinct from desire, the sexual, and even the …

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Cardozo Law Review

No abstract provided.

Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary Clark

Scholarly Articles in Law Reviews & Journals

The Senate‘s role in judicial appointments has come under increasingly withering criticism for its uninformative and spectacle-like nature. At the same time, Britain has established two new judicial appointment processes - to accompany its new Supreme Court and existing lower courts - in which Parliament plays no role. This Article seeks to understand the reasons for the inclusion and exclusion of the legislature in the U.S. and U.K. judicial appointment processes adopted at the creation of their respective Supreme Courts.

The Article proceeds by highlighting the ideas and concerns motivating inclusion of the legislature in judicial appointments in the early …

Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for "gratuitous" contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton

Publications

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: "If You Don't Aim to Please, Don't Dress to Tease," and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, Jennifer L. Greenblatt, 14 Tex.J. on CL. & CR. 1 (2008). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Publications

This Article explores the legal implications of a scientific fantasy: building artificial wombs that could gestate a human child from conception to birth. Because claims about the technological possibility of artificial wombs in the foreseeable future are likely overstated, the focus of the Article is the effect that the fantasy of artificial gestation has on the legal discourse about pregnancy and reproduction today.

The Article first places the fantasy of artificial gestation in the context of theories about reproduction that western science has propounded. The history of scientific theorizing about reproduction is a history of scientists emphasizing the male contribution …

When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib, Aziza Ahmed

Faculty Scholarship

In this Article I explore the assertions of "anti-imperialist" feminist scholars who critique "imperial feminism" for its support of the war on terror (WOT). I bring into this analysis the proposition by queer theorists that feminist reliance on male/ female subordination has the potential to not only obscure harm in times of war but also to perpetuate it. As a case study, I focus on the Abu Ghraib prison photos that depict, in part, female soldiers torturing male Iraqi prisoners. In conducting this analysis, I reveal the analytical limitations of dominance and cultural feminists, particularly with regard to male harm …

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …

Embracing Caregiving And Respecting Choice: An Essay On The Debate Over Changing Gender Norms, Nicole Buonocore Porter

Faculty Publications

This Essay is the third piece of my project to resolve what I call the "caregiver conundrum" for working caregivers. I define the "caregiver conundrum" broadly, to include all of the workplace norms, rules and practices that make it difficult for working caregivers to successfully balance work and family.

In conceptualizing my ideas, I realized that one of the critiques of my proposal would be that it does nothing to change the gender norms, or stated another way, it accepts the gendered division of work and family with which most people live. I do nothing to get women to do …

A Major Step On Medicaid, Arthur S. Leonard

Other Publications

No abstract provided.

Ruti Teitel Responds To Shana Tabak, Ruti G. Teitel

Other Publications

No abstract provided.

What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein

Articles

This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Not Just One Of The Boys: A Post-Feminist Critique Of Title Ix's Vision For Gender Equity In Sports, Dionne L. Koller

All Faculty Scholarship

Title IX as applied to athletics is a high-profile, controversial public policy effort that has opened up the world of athletics to millions of girls and women. Yet as it is both celebrated for the opportunities it has created for women, and decried as going too far at the expense of men, a reality persists that women do not pursue or remain committed to sport in numbers comparable to men. This Article seeks to explore this phenomenon by moving the discourse beyond the debate over whether women are inherently as "interested" in sport as men to examine the conception of …

Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

Cardozo Law Review

This Article undertakes the first ever analysis of the consequences of the justice and legal system's extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman's lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …