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. 15, No. 1, January

Abbott, AIDS, and the ADA: Why a per Se Disability Rule for HIV/AIDS Is Both Just and a Must
I. INTRODUCTION It has become standard form, indeed borderline cliche, to open discussions regarding the American with Disabilities Act ("ADA") (1) with the words of President George H.W. Bush as he signed the legislation into law. (2) To hedge...
Deliberate Indifference, Professional Judgment, and the Constitution: On Liberty Interests in the Child Placement Context
I. INTRODUCTION Courts and commentators suggest that because adoption is a creature of statute, there can neither be a right to adopt nor a right to be adopted. They further argue that the case law supports their position, claiming that the United...
Female Genital Mutilation: Exploring Strategies for Ending Ritualized Torture; Shaming, Blaming, and Utilizing the Convention against Torture
A student related to me that she had a conversation with a Nigerian, male friend in which she told him that she was very excited that her professor was writing an article on female genital mutilation. She reported that the he became enraged and shouted,...
Hidden in Plain Sight: Achieving More Just Results in Hostile Work Environment Sexual Harassment Cases by Reexamining Supreme Court Precedent
ABSTRACT Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights Act of 1964 and mandated by the Supreme Court when it recognized the cause of action twenty years ago....
It's Really about Sex: Same-Sex Marriage, Lesbigay Parenting, and the Psychology of Disgust
TABLE OF CONTENTS INTRODUCTION I. THE STATE OF SOCIAL SCIENCE RESEARCH ON LESBIGAY PARENTING A. Early Research Returns: "No Differences" Between Children Raised by Lesbigay Versus Heterosexual Parents B. Critics Take a Fresh...
"Love for Sale" - Sex and the Second American Revolution
I. INTRODUCTION "Love for Sale"--the title of one of Cole Porter's most beautiful songs. Written in 1930, its lyrics were banned from public performance for many years because they dealt none too subtly with prostitution. But by the 1960s the ban...
Relational Rights Masquerading as Individual Rights
ABSTRACT This article seeks to fill a void in rights theory that permitted Western policy-makers to support the Iraqi and Afghan constitutions despite the risk they posed to women's rights. Women's advocacy efforts focused on the danger of discrimination...
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