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- Results per page : 10
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2005
- Magazine Number
- 1
- Creator
- Bridgewater, Pamela
- Creator
- Shalleck, Ann
- Creator
- Fineman, Martha Albertson
- Creator
- [et al.]
- Contributor
- Johson, Margaret E.
- Thesaurus
- recht, feminisme, gender, juridische beroepen, Taiwanees, reproductieve rechten, Latijns-Amerikaans, reageerbuisbevruchting, drugs, zwarte vrouwen, Verenigde Staten, internationaal, 20e eeuw, 21e eeuw, verslavingen
- Description
- In this special issue selected presentations from the symposium celebrating the twentieth anniversary of the Feminism and Legal Theory Project. The project was founded in 1984 by professor Martha A. Fineman. Fineman's vision created and sustains the rich tradition of focusing a feminist, legal and theoretical lens on issues ranging from the socio-economic and geopolitical to the institutional and metaphysical.
acquiring equal property rights for women using international human rights treaties
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Kurshan, L.
- Thesaurus
- mensenrechten, huwelijksrecht, Verenigde Staten
- Description
- This comment discusses opportunities for women to acquire equal property rights by using mechanisms available under human rights treaties.
law & economics as a useful tool for feminist legal theorist
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 1999
- Magazine Number
- 3
- Creator
- Bush, D.
- Thesaurus
- feminisme, rechtstheorie, economie
- Description
- This article examines whether Law & Economics can provide a starting point for feminists seeking policy guidance. Specifically, it focuses on unconscionability in contracts. It does so for three reasons. First, while feminists may favor the doctrine of unconscionability because it protects disempowered individuals from the throes of the market, its long term effects may render these individuals worse off than they would be without the doctrine. Second, feminists have not addressed unconscionability or contracts to any great degree, except in the analysis of surrogate motherhood, marriage, and employment. Third, aw & Economics is strongest on those issues most closely related to exchange, and unconscionability applies to exchange transactions.
the unionization of the adult entertainment industry
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 1999
- Magazine Number
- 3
- Creator
- Wilmet, H. J.
- Thesaurus
- arbeidsovereenkomsten, seksindustrie, Verenigde Staten
- Description
- This article explores the legal basis for the dancers claims, from the treatment of employees and independent contractors under the NLRA, the Fair Labor Standards Act, and California and Nevada state laws, to the corresponding federal and state courts interpretations, tests, and classification of exotic dancers. The facts suggest that these cases would be successful under both California and Nevada law, as well as federal law. Furthermore, these lawsuits present the court with an ideal opportunity to apply the Fair abor Standards Acts model of employee/independent contractor law to the adult entertainment industry. Such a definitive judicial application would not only benefit public policy and the working conditions of thousands of working women, but may also have possible persuasive value in any subsequent NLRA action. Assuming that judicial determination of exotic dancers employee status on a class-wide basis would subsequently lead to an industry-wide change in the practice of treating dancers as independent contractors -- either voluntary, through further legal action, or by collective action on the part of dancers -- this article explores the future of their unionization and the unavoidable implications for the feminist movement.
how the rise of intrastate ethnic conflicts has rendered international human rights laws ineffective, especially regarding sex-based crimes
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2001
- Magazine Number
- 3
- Creator
- Waller, K.M.
- Thesaurus
- mensenrechten, internationaal recht
- Description
- This comment examines the difficulties inherent in reconciling international human rights laws and treaties with the current state of world conflicts, and it attempts to discern the reasons behind the failure of those laws to protect persons for whom they were intended.
does it matter?
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Number
- 3
- Creator
- Shoenfelt, Elizabeth L.
- Creator
- Maue, Allison E.
- Creator
- Nelson, Joann
- Thesaurus
- seksuele intimidatie, rechtspraak, Verenigde Staten
- Description
- The difference of opnion among the U.S.Circuit Courts of Appeal as to which standard is more appropiate - reasonable person or reasonable woman- is found in the academic literature. This article attemps to determine whether the on-going debate is necessary. That is, does changing the standard even make a difference in a juror's determination of hostile work environment sexual harassment?
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Aliaskari, M.
- Thesaurus
- vreemdelingenrecht, vluchtelingen, moslima's, mishandeling, islam, Verenigde Staten
- Description
- This comment analyzes US asylum laws and procedures as applied to battered women who escape Islamic states.
men, women and the death penalty
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2000
- Magazine Number
- 2
- Creator
- Shapiro, A.
- Thesaurus
- criminaliteit, Verenigde Staten
- Description
- Even when statistics are adjusted to reflect the fact that men commit both greater numbers and percentages of murders in the US, men are convicted and receive the death sentence at a disproportionately greater rate then women. This comment systematically establishes an existing disparate impact that illustrates a violation of the Equal Protection Clause on the basis of sex when imposing the death penalty.
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2000
- Magazine Number
- 3
- Creator
- Notar, S.
- Creator
- Turetsky, V.
- Thesaurus
- kinderen, alimentatie, huiselijk geweld
- Description
- This article addresses approaches and issues faced by state child support programs in creating safer responses for child support enforcement.
the legal implications of tri-gametic in vitro fertilization
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 1999
- Magazine Number
- 3
- Creator
- Velte, K.C.
- Description
- This Comment explores the unique legal issues that may emerge from TGIVF (tri-gametic in vitro fertilization). Part II consists of a brief summary of the now-common and widely accepted ARTs(assisted reproductive technologies), a synopsis of their historical uses, and a discussion of legislative and judicial treatment of these ARTs. Part III analyzes the legal issues involved in artificial insemination by donors and surrogacies, and the legal issues that may emerge with TGIVF. This analysis addresses the various rights, obligations, and responsibilities of parents: the judicial definitions of family: and how the current legal landscape may treat TGIVF. Part IV recommends that families created by TGIVF be legally recognized by legislatures and courts. There are two distinct family structures that may result from TGIVF, both of which should be legally recognized. The first alternative is a child with two legal mothers. The second alternative is a child with three legal parents two mothers and one father. This Comment argues that a family with three parents should be recognized only if such a family structure is intended by the two genetic mothers. Part V concludes with thoughts and reactions to TGIVF: its place in the past, present and future of reproductive technology: and the legal and political struggles over control and definitions of family.