Recently added articles from Columbia Journal of Gender and Law:
Family law cases as law reform litigation: unrecognized parents and the story of Alison D. v. Virginia M.
Sep 22, 2008; ... Although the gap between law and lived experience comes as no surprise to most people, the divergence is especially striking--and disturbing--in the area of family law. Legal training quickly reveals that love is not a foundational element of family law, yet it can still be jarring to find ...
The cultural property claim within the same-sex marriage controversy.
Sep 22, 2008; ... Partisans in the contemporary controversy over same-sex marriage and marriage equality often use the rhetoric of "access" and "exclusion" to frame their positions. These terms are also used to stake out positions on how to resolve conflicts over congestible natural resources. This Article ...
The Equal Rights Amendment: then and now.
Sep 22, 2008; ... Far from a dead letter, the Equal Rights Amendment (ERA) is currently pending in both houses of Congress. (1) When Senator Edward Kennedy (D-MA) reintroduced the ERA in the Senate on March 27, 2007, he particularly stressed the economic disparities faced by women and the importance of a ...
Should a trip from Illinois to Tennessee change a woman into a man? Proposal for a Uniform Interstate Sex Reassignment Recognition Act.
Sep 22, 2008; ... In Illinois, a transgender woman (1) who has had sex reassignment surgery can request an amendment to her birth certificate to change her legally-recognized sex (legal sex) (2) from the sex assigned at birth to one she chooses later in life. (3) Though she was born male, she can become ...
The imprecise draftsmanship of the Lautenberg Amendment and the resulting problems for the judiciary.
Sep 22, 2008; ... In 1996, Congress passed the Domestic Violence Offender Gun Ban ("Lautenberg Amendment"), a controversial amendment to the Gun Control Act (1) that makes it unlawful for individuals previously convicted of a misdemeanor domestic violence offense to possess a firearm. (2) Legislative ...
Do no harm: an analysis of the legal and social consequences of child visitation determinations for incarcerated perpetrators of extreme acts of violence against women.
Jun 22, 2008; ... When the events are natural disasters or "acts" of God," those who bear witness sympathize readily with the victim. But when the traumatic events are of human design, those who bear witness are caught in the conflict between victim and perpetrator. It is morally impossible to remain ...
"The toughest job": Adkins v. Rumsfeld, gender, incentives, and the Uniformed Services Former Spouses' Protection Act.
Jun 22, 2008; ... Not much is written about Jessica Miller. She was a student of psychology, was born in 1982 or early 1983, (1) and spent at least part of her childhood in Pike County, Kentucky. (2) The last part is assumed because she is said to have married her "childhood sweetheart" and Pike County is ...
Flirting with the PDA: Congress must give birth to accommodation rights that protect pregnant working women.(Pregnancy Discrimination Act)
Jun 22, 2008; ... Amanda Reeves began working for Swirl Transportation Company, Inc. (Swift) as a truck driver on August 9, 2002. (1) When she applied for the job, the employer advised her that the position required occasional physical activity, such as bending, twisting, climbing, squatting, crouching, and ...
Race, culture, and adoption: lessons from Mississippi Band of Choctaw Indians v. Holyfield.
Jan 01, 2008; ... Jennie Bell, a member of the Mississippi Band of Choctaw Indians, a federally recognized tribe, was facing some difficult decisions. She was twenty-four years old, a single mother of two, and she was pregnant with twins by a man who was married to another woman and had two children of his ...
(Mis)appropriated liberty: identity, gender justice, and Muslim personal law reform in India.
Jan 01, 2008; ... "Muslims, particularly, are an undigested lump in the throat of Hindu professionals. They must be absorbed-that is Hinduized--or coughed up." (1) "The Religious Right is writing the obituary to imagination, imagination that is born of diversity, difference, dissent. And in ...
Confronting misinformation on abortion: informed consent, deference, and fetal pain laws.
Jan 01, 2008; ... In the last few years, the topic of "fetal pain" has become a hot one in many state legislatures. Five states now require that some women seeking abortions be told that their fetus may experience pain, with similar bills cropping up around the country. (1) Even Congress has gotten ...
The subtle side of sexism.
Sep 22, 2007; ... Sexism is not a term often encountered in polite company. In conventional usage, it conveys discrimination based on sex and seems to require some conscious action. Yet there is also a subtle side of sexism: a cluster of social expectations and practices that reinforce sex-based inequality ....
Subtly sexist language.
Sep 22, 2007; ... "Why do I use 'chairman' instead of 'chairperson'? I hadn't really thought about it. Does it matter?" --General Counsel of a major U.S. corporation (1) "Where, after all, do human rights begin? In small places, close to home ... the neighborhood ... the school or ...
Perceiving subtle sexism: mapping the social-psychological forces and legal narratives that obscure gender bias.
Sep 22, 2007; ... In early January of 2007, the AALS Section on Women in Legal Education held a panel discussion on "Subtle Sexism in Our Everyday Lives" at the AALS Annual meeting in Washington, D.C. Such discussions about the barriers facing women in the legal profession often trigger a fatigue with ...
Gary Becker, legal feminism, and the costs of moralizing care.
Jun 22, 2007; ... Feminist theorists in a variety of fields have contributed unrelenting energy and invaluable insights to academic and policy-making work on the issue of women's unpaid work as homemakers. (1) Indeed, feminists have been struggling with the problem of housework, its valuation, and its ...
The daddy double-bind: how the family and medical leave act perpetuates sex inequality across all class levels.
Jun 22, 2007; ... For over a decade there has been a great deal of discussion in America about work-family conflict or work-life balance. These discussions have typically focused on the plight of women, mothers in particular, and the inhospitable labor market. (1) Advocates who seek to improve the status of ...
Legal pluralism and women's rights: a study in postcolonial Tanzania.
Jun 22, 2007; ... Shindano is a sixty-year-old woman who lives on the island of Zanzibar, a semi-autonomous region of Tanzania. (1) She has been residing in the small village of Mkokotoni, where she has had to survive without support from her husband Abu for the last five months. After five years of ...
Love, honor, or control: domestic violence, trafficking, and the question of how to regulate the mail-order bride industry.
Jun 22, 2007; ... Total cost for services: $10,500.00 U.S. A beautiful woman to sleep with at night, kiss in the morning, and love all day long, for so little--less than an economy car. (1) In recent years, with the development and widespread use of the Internet, the international marriage ...