Duke Journal of Gender Law & Policy

An annual interdisciplinary journal devoted to gender issues in the context of law and public policy with emphasis on practical analysis. Explores connections between social science and the law, and connections between scholarship and public policy and pr

Articles from Vol. 20, No. 1, Fall

Embodying Vulnerability: A Feminist Theory of the Person
INTRODUCTION Law is the social, economic, political and personal struggle that determines who counts as a member of the community. This struggle also determines how we should take account of the diverse interests of members of the community. Which...
Leveraging the Courts to Protect Women's Fundamental Rights at the Intersection of Family-Wage Work Structures and Women's Role as Wage Earner and Primary Caregiver
INTRODUCTION The gap between men's and women's labor force participation steadily narrowed for over two decades until progress slowed in the mid-1990s. (1) Before the mid-1990s, "[w]omen, especially married mothers with young children, continued...
Lonely Colonist Seeks Wife: The Forgotten History of America's First Mail Order Brides
As Catherine looks out across the water, she wonders what her life will be like when she reaches Virginia. She knows that conditions will be hard, but life in England was also hard. At least in the colony, there is the possibility of improvement. The...
Only English? How Bilingual Education Can Mitigate the Damage of English-Only
INTRODUCTION "Pizza, por favor." These three simple words recently caused an uproar when Dallas-based pizza chain, Pizza Patron, launched a new promotion: free pepperoni pizza if you order in Spanish. According to a company press release, the June...
Prosecuting Domestic Violence after Giles: Why a Categorical Approach to the Forfeiture Doctrine Threatens Female Autonomy
INTRODUCTION Prosecutors face a unique dilemma in domestic violence cases after Crawford v. Washington. (1) Post-Crawford, the Confrontation Clause requires any statement deemed "testimonial" to be subject to cross-examination in order to be admitted...
The Gender Bind: Men as Inauthentic Caregivers
Almost twenty years after the enactment of the Family and Medical Leave Act (FMLA), an ostensibly gender-neutral statute, companies are still less likely to offer paternity leave than they are to offer maternity leave. Although women have traditionally...