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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.
Enjoining Free Speech After Madsen, Schenck, and Hill
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2004
- Magazine Number
- 2
- Creator
- Keast, Tiffany
- Thesaurus
- rechtspraak, mensenrechten, wetgeving, abortussen, Verenigde Staten
- Description
- The author examines how it is possible for a court to craft an injunction that protects listeners, protesters, and the Constitution itself. Part I assesses the pre-Madsen state of injunctive relief in cases involving free speech. Part II traces the rise through the lower courts of the two most important Supreme Court decisions on this point: Madsen v. Women’s Health Center, Inc. and Schenck v. Pro-Choice Network of Western New York. Part III addresses the questions: are speech-restrictive injunctions necessarily content-based? Who can be enjoined? Are injunctions really deserving of higher scrutiny than statutes? Can the reviewing court raise government interests that the government has not pled, and what function can those state interests play in the analysis? What factual findings are necessary to support a speech-restrictive injunction? as analyzed in Madsen, Schenck, and a more recent case involving statutory restrictions on speech, Hill v. Colorado.
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.
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2005
- Magazine Number
- 3
- Creator
- Cossman, Brenda
- Thesaurus
- familierecht, wetgeving, sociale zekerheid, afhankelijkheid, gezinnen, inkomen, huwelijken, alleenstaande moeders, politieke stromingen, politieke filosofie, Verenigde Staten
- Description
- Examination of conservatisms in public policy debates over the legal regulation of the family by focussing on the question of the privatization of dependency within the family. The author explores different visions of the family and their the implications for the regulation of the family. Then she considers three issues in the federal legal regulation of the family: child support, welfare reform for single mothers and marriage.
study on gender at Harvard Law School
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2005
- Magazine Number
- 3
- Creator
- Neufeld, Adam
- Thesaurus
- universiteiten, juridisch, man vrouw verschillen, Verenigde Staten
- Description
- Student experiences in legal education show a large gender difference in a wide range of areas, from grades and classroom participation to confidence and clerkships. Account of an empirical study at Harvard Law School (HLS) to examine this result.
should courts consider rape to be incident to military service?
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2005
- Magazine Number
- 3
- Creator
- Reidy, Elizabeth A.
- Thesaurus
- rechtspraak, wetgeving, krijgsmacht, seksueel geweld, Verenigde Staten
- Description
- This analysis of the case Gonzalez v. United States Air Force contains in part I a brief background of the Federal Tort Claims Act (FTCA), the Ferez Doctrine, which states that almost every injury that occurs to a service member arises directly out of his of her military service, the plaintiff's claim in the Gonzalez case and the decision of the Tenth Circuit. Part 2 describes how civilian courts have expanded the meanig behind the Feres doctrine and argues that Feres should not have barred the plaintiff's claim in Gonzalez. Part 3 discusses why the discretionary function and intentional tort exceptions to the FTCA should not bar the plaintiff's claim and explains why the Ninth Circuit's negligent hiring analysis would have been appropriate in Gonzalez. This comment concludes that the Tenth Circuit could have decided Gonzalez differently and allowed the plaintiff the opportunity to argue the merits of her case had the court not dismissed the case on a jurisdictional technicality.
Ohio's legal battle with public breastfeeding and hope for the future
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 2005
- Magazine Number
- 3
- Creator
- Whelan, Brianne
- Thesaurus
- borstvoeding, wetgeving, discriminatie, rechtspraak, Verenigde Staten
- Description
- Part 1 of this comment examines breastfeeding as a legal issue under Ohia state law and federal law. Part 2 argues that, until recently, Ohia law did not adequately protect mothers against prohibitions or restrictions on breastfeeding. It also describes federal court's use of the Title VII comparability analysis in employment cases and the extension of this analysis to the public accommodation discrimination claim in the Derungs ruling. This comment advocates the need for more states to follow Ohio's steps.
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.
will these new regulations benefit women with breast cancer?
- Categories
- Article/Artikel
- Magazine Title
- American University Journal of Gender, Social Policy & the Law
- Magazine Year
- 1999
- Magazine Number
- 1
- Creator
- Anastasio, Julia
- Thesaurus
- gezondheid, verzekeringen, wetgeving, Verenigde Staten
- Description
- Breast cancer is one of the most prevalent forms of cancer and is a leading cause of cancer-related death among American women. As Congress begins a new legislative session, it has the opportunity to pass legislation that would enable women who need experimental treatment programs to combat breast cancer to challenge their insurance company's denial of coverage. Recently, women have successfully lobbied Congress to pass several key pieces of legislation specifically designed to benefit women with breast cancer. egislation proposed in the House of Representatives, if drafted properly, would compliment this series of legislation designed to benefit breast cancer victims. This Comment demonstrates how these two proposals, the Responsibility in Managed Care Act ('RMCA') and the Patient Access to Responsible Care Act ('PARCA'), will restore the right of consumers in self-insured plans to sue their health insurance providers under state law when the plan's medical decisions result in injury or death. This Comment also highlights the inadequacies of the two proposed pieces of legislation. Ultimately, this author recommends that these bills be moved to the floor of Congress, debated and enacted in a form similar to the original drafts.
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?