Yale journal of law and feminism最新文献_第2页

Female Justices, Feminism and the Politics of Judicial Appointment: A Re-examination 女法官、女性主义与司法任命政治:再考察

Yale journal of law and feminism Pub Date : 2009-12-08 DOI: 10.2139/SSRN.1520784

Rosalind Dixon

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引用次数: 5

Queer Kids: A Comprehensive Annotated Legal Bibliography on Lesbian, Gay, Bisexual, Transgender, and Questioning Youth 酷儿孩子:关于女同性恋、男同性恋、双性恋、变性人和质疑青年的综合注释法律参考书目

Yale journal of law and feminism Pub Date : 2008-08-16 DOI: 10.2139/SSRN.1231462

S. Valentine

引用次数: 6

The Vulnerable Subject: Anchoring Equality in the Human Condition 弱势主体:在人类条件下锚定平等

Yale journal of law and feminism Pub Date : 2008-05-10 DOI: 10.4324/9780203848531-26

M. Fineman

引用次数: 1019

Shaping Citizenship: Chinese Family Law and Women 塑造公民:中国家庭法与妇女

Yale journal of law and feminism Pub Date : 2003-01-01 DOI: 10.2139/SSRN.453040

Margaret Y. K. Woo

{"title":"Shaping Citizenship: Chinese Family Law and Women","authors":"Margaret Y. K. Woo","doi":"10.2139/SSRN.453040","DOIUrl":"https://doi.org/10.2139/SSRN.453040","url":null,"abstract":"Current law-and-development literature overwhelmingly urges the privatization of the economy and the establishment of a rule-of-law system, which endows citizens with rights and obligations, with the expectation that democracy and equality will inevitably follow. My research interviewing female Chinese divorce litigants about their experiences in the Chinese court system capture a much more ambiguous effect of Chinese reforms on its citizens' sense of rights and entitlements. This article looks at China's recent legal and economic reforms through the eyes of male and female divorce litigants, and examines the kinds of citizenship rights that are being promoted through the Chinese court system. Are the changes occurring within the Chinese legal system encouraging a sense of citizenship rights and equality amongst its citizens? How has the Chinese court system benefited its most vulnerable citizens? Are Chinese legal reforms consistent with its citizens' conceptions of justice?This article focuses on divorce litigation in contemporary China through, among other data, in-depth interviews with twenty-nine divorce litigants. These interviews provide a rich source of insight into how Chinese women view themselves and the divorce process, and how they were affected by recent changes in the legal system. The article considers the ramifications of legal reforms on conceptions of citizenship and the equality of citizenship rights for Chinese women in a changing economy.It especially focuses on whether the increased use of the formal legal process has altered women's sense of entitlement and equality in Chinese society. The way Chinese women use the courts to enforce their rights also provides a lens into whether the law is being used as an instrument for citizen empowerment, and if so, how it is being used. For rule of law ideals truly to take root, the idea of legality and the use of legal instruments to settle rights and social problems must exist at the level of ordinary citizens.","PeriodicalId":83555,"journal":{"name":"Yale journal of law and feminism","volume":"6 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73922311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 16

Testing pregnant women and newborns for HIV: legal and ethical responses to public health efforts to prevent pediatric AIDS. 对孕妇和新生儿进行艾滋病毒检测:对预防儿童艾滋病的公共卫生努力的法律和伦理反应。

Yale journal of law and feminism Pub Date : 2001-01-01

A Marsh

引用次数: 0

Why Title Vii Should Prohibit All Workplace Sexual Harassment 为什么第七章应该禁止所有工作场所的性骚扰

Yale journal of law and feminism Pub Date : 2000-07-05 DOI: 10.2139/SSRN.218528

Brian Lehman

{"title":"Why Title Vii Should Prohibit All Workplace Sexual Harassment","authors":"Brian Lehman","doi":"10.2139/SSRN.218528","DOIUrl":"https://doi.org/10.2139/SSRN.218528","url":null,"abstract":"Legal scholars have generally taken two approaches in explaining why sexual harassment is unlawful under Title VII. In one camp, scholars have argued that Title VII prohibits sexual harassment because it is \"a form of sex discrimination.\" Other scholars have rejected these arguments and maintained that \"discrimination because of such individual's sex\" simply means that employers may not treat members of one sex differently from members of the other sex. Scholars in this camp have been critical of sexual harassment doctrine, arguing that courts should not prohibit all sexual harassment because not all of it qualifies as sex discrimination. For their part, courts have fluctuated between these two incompatible approaches depending on the type of case being decided. In the paradigm case of a man sexually harassing a woman, courts have frequently stated, \"sexual harassment is a form of sex discrimination,\" although no court has explicitly adopted the reasoning on which such a conclusion must be based. Thus, courts have found employers liable whenever the plaintiff has proven that she was sexually harassed. But in cases of same sex sexual harassment or the sexual harassment of gay men and lesbians, courts have retreated and held that employers were not liable under Title VII even though the plaintiff had been sexually harassed. The goal of this article is to resolve this conflict by showing why courts may legitimately prohibit all sexual harassment regardless of the approach a court adopts or its definition of discrimination. Thus, its basic conclusion is that all plaintiffs should have a claim if they prove that that they were sexually harassed - regardless of their sex or sexual orientation. This article assumes, arguendo, that sex discrimination means treating men and women different but concludes that courts should still prohibit all sexual harassment because it serves as a good adjudicative rule for courts to apply to individual cases.","PeriodicalId":83555,"journal":{"name":"Yale journal of law and feminism","volume":"26 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2000-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73791597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Journey through the courts: minors, abortion and the quest for reproductive fairness. 法庭之旅:未成年人、堕胎和对生育公平的追求。

Yale journal of law and feminism Pub Date : 1998-01-01

J S Ehrlich

引用次数: 0

Crossing the line: the political and moral battle over late-term abortion. 越界:关于晚期堕胎的政治和道德斗争。

Yale journal of law and feminism Pub Date : 1998-01-01

R C Oliveri

引用次数: 0

ROCKING THE TAX CODE: A CASE STUDY OF EMPLOYMENT-RELATED CHILD-CARE EXPENDITURES 撼动税法:与就业相关的儿童保育支出案例研究

Yale journal of law and feminism Pub Date : 1998-01-01 DOI: 10.1017/cbo9780511609800.044

M. Fellows