California Women: Trying To Use Federal Taxes To Put The 'Community' In Community Property,
2010
University of Cincinnati College of Law
California Women: Trying To Use Federal Taxes To Put The 'Community' In Community Property, Stephanie H. Mcmahon
Faculty Articles and Other Publications
Community property is thought to be a more equitable marital property regime than the common law because we assume that providing each spouse with an interest in fifty percent of the family’s income also provides a substantial amount of equality between spouses. Historically, however, as the regime operated in the United States, it was not especially favorable to wives. Although the concept implied a partnership between spouses, in practice wives were denied rights a partner would expect to enjoy. This article examines how women lobbied to enlarge the protection California wives enjoyed under the state’s community property regime in the …
Taxation And Gendered Citizenship,
2010
Northwestern University School of Law
Taxation And Gendered Citizenship, Nancy Staudt
Faculty Working Papers
This essay notes that the feminist tax policy theorists have made numerous important contributions to our understanding of tax policy's affect on women's lives and experiences. It argues that in doing so, the extant literature has also prioritized the idea of citizenship rights but has failed to acknowledge the importance of citizenship obligations and duties.
Contingent Equal Protection: Reaching For Equality After Ricci And Pics,
2010
University of Tennessee College of Law
Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks
Michigan Journal of Gender & Law
This Article uses the term contingent equal protection to describe the constitutional analysis that applies to a range of governmental efforts to ameliorate race and sex hierarchies. "Contingent" refers to the fact that the equal protection analysis is contingent upon the existence of structural, de facto inequality. Contingent equal protection cases include those that involve explicit race and sex classifications, facially neutral efforts to reduce inequality, and accommodation of sex differences to promote equality. Uniting all three kinds of cases under a single conceptual umbrella reveals the implications that developments in one area can have for the other two.
Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims,
2010
CUNY School of Law
Diminishing The Legal Impact Of Negative Social Attitudes Toward Acquaintance Rape Victims, Michelle J. Anderson
Publications and Research
No abstract provided.
Social Justice Feminism,
2010
University of Cincinnati College of Law
Social Justice Feminism, Kristin (Brandser) Kalsem, Verna L. Williams
Faculty Articles and Other Publications
For the past three years, women leaders from national groups, grassroots organizations, academia and beyond have gathered to address dissonance in the women's movement, particularly dissatisfaction with the movement's emphasis on women privileged on account of their race, class, or sexuality. At these meetings of the New Women's Movement Initiative (NWMI), advocates who no longer want to do feminism have articulated a desire for social justice feminism. This article analyzes what such a shift might mean for feminist practice and legal theory.
Drawing on history, specifically the work of the women behind the Brandeis brief in the Muller v. Oregon …
Reproductive Organs And Differences Of Sex Development: The Constitutional Issues Created By The Surgical Treatment Of Intersex Children,
2010
University of the Pacific, McGeorge School of Law
Reproductive Organs And Differences Of Sex Development: The Constitutional Issues Created By The Surgical Treatment Of Intersex Children, Skylar Curtis
McGeorge Law Review
No abstract provided.
Reproductive Health As A Human Right,
2010
Wayne State University
Reproductive Health As A Human Right, Lance Gable
Law Faculty Research Publications
No abstract provided.
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010),
2010
UIC School of Law
The Olympic Meddle: The International Olympic Committee's Intrusion Of Athletes' Privacy Through The Discriminatory Practice Of Gender Verification Testing, 28 J. Marshall J. Computer & Info. L. 49 (2010), Raheel Saleem
UIC John Marshall Journal of Information Technology & Privacy Law
The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides …
Clinton, Ginsburg, And Centrist Federalism,
2010
Washington and Lee University School of Law
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Scholarly Articles
Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong,
2010
Penn State Dickinson Law
Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher
Penn State International Law Review (1982 - 2011)
No abstract provided.
Ten Years After The Palermo Protocol: Where Are Protections For Human Trafficking?,
2010
American University Washington College of Law
Ten Years After The Palermo Protocol: Where Are Protections For Human Trafficking?, Kelly Hyland Heinrich
Human Rights Brief
No abstract provided.
Legislative Updates,
2010
American University Washington College of Law
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010),
2010
UIC School of Law
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010),
2010
UIC School of Law
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
UIC Law Review
No abstract provided.
Setting The Stage: A Quick Glance Back At The Journal's History,
2010
Georgetown University Law Center
Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst
Michigan Journal of Gender & Law
This symposium, organized by the Michigan Journal of Gender & Law, explored several cutting-edge topics related to its over-arching theme, "Rhetoric & Relevance: An Investigation into the Present and Future of Feminist Legal Theory." When the journal editors invited me to provide a few opening remarks, they informed me that: the goal of this symposium is to have a series of discussions about current happenings in the field of feminist legal scholarship, so that we may start to answer the question, "What's next?" These discussions will take place in the form of panels that focus on particular areas of the …
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination,
2010
Thomas Jefferson School of Law
Situations, Frames, And Stereotypes: Cognitive Barriers On The Road To Nondiscrimination, Marybeth Herald
Michigan Journal of Gender & Law
A study of the psychological literature can enhance legal theory by focusing attention on how the human brain perceives, distinguishes, categorizes, and ultimately makes decisions. The more that we learn about the brain's intricate operations, the more effective we can be at combating the types of gender biased decisions that influence our lives. In developing strategies to achieve equality, feminist, gay, lesbian, bisexual, transgender, and intersex activists would be wise to learn from the psychological literature. This Article highlights a few examples illustrating how this knowledge might re-direct strategic choices for combating gender inequality.
Defining Sex: On Marriage, Family, And Good Public Policy,
2010
Capital University Law School
Defining Sex: On Marriage, Family, And Good Public Policy, Mark Strasser
Michigan Journal of Gender & Law
Transgendered individuals and their families face legal risks that most families do not, at least in part, because state laws are often unclear about whether or under what conditions transgendered individuals are permitted to marry the individuals whom they love. Challenges to the validity of marriages involving the transgendered may arise under a variety of circumstances, ranging from cases in which individuals may have hidden or may not even have known that they were transgendered until after their marriages, to cases in which the individuals had already transitioned and had explained their personal histories to their partners before they were …
Rethinking Consent In A Big Love Way,
2010
Vermont Law School
Rethinking Consent In A Big Love Way, Cheryl Hanna
Michigan Journal of Gender & Law
This Article is based on a presentation at the Michigan Journal of Gender and Law as part of their symposium "Rhetoric & Relevance: An Investigation into the Present & Future of Feminist Legal Theory." In it, I explore the problem of categorical exclusions to the consent doctrine in private intimate relationships through the lens of the HBO series Big Love, which is about modern polygamy. There remains the normative question both after Lawrence v. Texas and in feminist legal theory of under what circumstances individuals should be able to consent to activity that takes place within the context of a …
Is Constitutionalism Bad For Intersectional Feminists?,
2010
Penn State Dickinson Law
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Currency Of White Women's Hair In A Down Economy,
2010
Elisabeth Haub School of Law at Pace University
The Currency Of White Women's Hair In A Down Economy, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This short essay is a reflection on the relationship between the economy and women’s hair. I suggest that examining women’s spending on hair care products during uncertain financial conditions provides insight into the gendered aspects of the economy. As the economy has declined, sales of home hair-care products targeted toward white women have increased. Major news outlets report on salon customers trying to stretch out the time between their regular $250 hair salon treatments. Certain women turn to home hair dyes to maintain conforming appearances. In popular culture, to have white skin and gray hair is to be old (unemployable …
