No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

The Article exposes the way in which, because current anti-discrimination law is based on the formal equality theory of treating like persons alike, inherent in a court’s finding of discrimination (or no discrimination) is a judgment about whether or not men and women are generally “alike” in a specific capacity or dimension. The Article argues that these judgments implicitly reflect, either positively or negatively, on lifestyle choices more associated with gender than with sex, and have the effect of either championing or censuring conventional notions of appropriate “male” or “female” behavior. The result is a rather arbitrary legal decision to protect or not protect life-style choices associated with, but not inherent in, sex. In order to make sexual equality jurisprudence less arbitrary and more fair, the author argues that courts, in deciding these cases, should be required to look at whether a particular gender preference or characteristic can be accommodated in a sex-neutral fashion. Sensitive attention to this inquiry offers the potential to ensure that, regardless of individual gender preferences, as many persons as possible have access to the same opportunities.

In American courts, some judges are using incarceration and threats thereof to control the behavior of pregnant women who come before them in order to protect the fetuses. This Article examines the state’s role in the lives of pregnant women and the use of judicial processes to influence pregnancy-related decisions. It discusses in depth the three types of “fetal protection measures” that judges employ that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health. The author explores the legal rationales and repercussions of these mechanisms, and discusses the ways in which detention violates two essential components of women’s rights: the right to be free from unwarranted detention and confinement, and reproductive rights based in both the privacy and liberty doctrines. The Article suggests two additional ways of thinking about privacy and liberty that may better protect women’s physical integrity, privacy, and liberty. The author argues that the right to privacy should be viewed as an affirmative right and that privacy should be understood as an anti-totalitarian principle. The Article concludes by suggesting that the better way for the state to produce the fetal outcomes it desires is to invest its energies in basic health care and drug treatment for pregnant women.

This Article examines the legal state of conscientious objection to Israel's mandatory conscription laws. Israel was the first and is still the only Western democracy that practices mandatory conscription for women, but since its inception has provided substantively distinct statutory provisions regarding conscientious objection by men and women. The author analyzes the process of change by which women's conscientious objection has been "masculinized" and formally equalized using the story of female draft resistors in Israel as a case study. The study provides important insights about the inherent constraints of contemporary legal discourse in promoting substantive gender equality. These insights shed light on the relationship between specific legal arrangements and the invisibility of women in the public sphere, revealing complexities in the nature of separate legal arrangements for women and raises important questions as to the appropriate feminist agenda for social and legal change.

No abstract is available for this article.

This paper deals with the Stasi Commission's justification of the French government's ban on Islamic headscarves and other conspicuous religion symbols in public schools. Part I of this paper sets the stage for l'affaire du foulard in France by exploring two strongly held principles upheld by the French government as justifications for the ban on conspicuous religious symbols in public schools: laïcité and the French assimilationist ideal. Part II of this paper explores the understandings and misunderstandings of the practice at issue—headcovering by Muslim women and girls. Acknowledging that the headscarf may be worn as a sign of religious expression, Part III evaluates the evolving approach of the French government toward girls who refuse to remove their headscarves in public schools. Part IV first considers whether the French ban is compatible with international human rights norms—rights to religious belief, religious expression, freedom from discrimination on the basis of gender or religion, education, and parents' right to structure children's education. It concludes that while the ban may infringe upon these rights, balancing them with each other is a difficult task, one that neither the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) nor the committee implementing the convention has addressed. Part V presents the text of the European Human Rights Convention and the applicable case law of the European Court of Human Rights (ECHR) to investigate the court's ability to intervene on behalf of Muslim girls expelled from public school.

An issue of growing importance in U.S.-Latin America free trade agreements is the issue of pregnancy discrimination, which is considered a form of sex discrimination as it is based on a condition unique to women. Women are required to undergo a pregnancy test or answer intrusive questions regarding their possible pregnant status as a condition of being hired or maintaining employment. By excluding "employment discrimination" from the definition of "labor laws," the Central America Free Trade Agreement itself exempts countries from enforcing any of their anti-discrimination legislation without fear of sanction. To remedy this situation and provide a "minimum" labor standard that would bar, among other practices, pregnancy discrimination, three main suggestions are offered. First, by defining "labor laws" according to the International Labour Organization's Core Labor Standards, free trade agreements would automatically include “employment discrimination” under labor laws. Second, a provision specifically addressing the prohibition of pre-hire and post-hire pregnancy discrimination, along with an enforcement mechanism, would further discourage this practice. Third, corporate actors should be encouraged to act responsibly and not perpetuate these practices in order to maintain their public images. None of these solutions is mutually exclusive; in conjunction, they would strive to provide adequate protection for women.

No abstract is available for this article.

In The Sanitized Workplace, 112 Yale L.J. 2061 (2003), Professor Vicki Schultz contends that the anti-sex harassment movement, in its campaign to stamp out sexuality from the workplace, has converged with the ideology of classical organizational theorists by reaffirming the rational order of organizational life where efficiency is championed and emotions are restrained. In making this innovative connection, she criticizes contemporary sex harassment policies which she believes revive early management’s agenda to overly restrict workers’ freedom to engage in intimate and sexually-charged behavior within the work setting. In this response to that article, the author contests Schultz’s provocative but problematic arguments on several grounds. First, the author argues that Schultz overstates the passionless character of the classic organization and likewise overemphasizes the similarities between the goals of the feminist movement and that of traditional organizational thinkers. Further, contrary to her depiction of the nascent organization as asexual due to its all-male labor force, the author shows that male sexuality thrives whether or not women are present and is institutionally expressed through sexually-oriented customs and practices. Second, the author challenges what she calls Schultz’s sexuality-privileged organizational model by addressing the probable harms that outweigh the possible benefits to permitting open sexual behavior at work, in light of considerations regarding the role of work, on-the-job expectations, and larger workplace dynamics. Third, the author explores her proposal to have the courts encourage gender integration within the organization through the use of differentiated employer liability rules by comparing the advantages of judicial law-making versus both agency expertise and legislative reform to implement her numerically-defined scheme. Finally, Schultz’s proposal for gender integration as the principal way through which to mitigate sex harassment is insufficient if we examine the organization as a gendered institution fundamentally shaped by conventional masculine norms. The author asserts that in addition to numerical gender parity, genuine organizational progress requires a re-signaling and re-making of organizational cultures to vitally improve the nature of women’s work experiences.

Recognizing new social forces working against the “correction” of intersexed children at birth, this article explores the undefined position of the sometimes invisible segment of the population that is intersexed. In examining the similarities between the legal position of mulattoes in the Antebellum south with that of the intersex today, the article takes on the very definition of sex in contemporary society. The author argues that sex, like race, is not binary, but rather constructed so as to reinforce heteronormative patriarchal norms. Through an examination of case law concerning transsexuals, the author demonstrates the ways in which law erroneous relies on a sexual binary, and goes on to provide a guide for understanding how courts would locate intersexuals in contemporary society.

This article examines the goals and objectives underlying the United Nations Security Council Resolution 1325, the first Security Councilresolution to addresses the impact of war on women, as well as women’s contributions to conflict resolution. Concluding that 1325’s goals and objectives areundermined by the lack of gender-mainstreaming in natural disaster situations, this article argues for the passage of a binding Security Council resolution ongender-mainstreaming and female decision-making in disaster-relief efforts. In order to illustrate the need for such a resolution, this article focuses on theeffects of the Asian tsunami on Aceh, Indonesia, where women faced disproportionate harms because of socio-cultural practices that rendered them more vulnerableto death and injury during the disaster, and to sexual violence, poverty, and malnourishment after the disaster. Promulgating a binding Security Council Resolutionlike 1325, the article concludes, would help remedy these vulnerabilities by requiring countries to take gender into account when developing their disaster-prevention and disaster-relief efforts.

This article examines the tension between individual rights and customary law through analyzing the Zimbabwe decision in Magaya v. Magaya. In 2000, the Magaya court held that a daughter could not be an heir to her father’s estate because there was a male in her household. Critics of thedecision have focused on the domestic legal grounds for the Magaya decision, but this article focuses on gender and cultural rights in an internationalcontext. Specifically the author focuses on how other African Constitutions and the Banjul Charter, an African human rights agreement, have addressed the issues at stake in this decision: discrimination, economic opportunity, and cultural preservation. The author concludes by demonstrating how the Magaya court couldhave incorporated these international approaches in its analysis.

This article inquires into the benefits of recognition-based and redistribution-based justice projects for the advancement of women and genderedjustice. Specifically, the article examines criminal prosecutions of sexual violence as a form of transitional justice, inquiring into their potential forachieving both justice as redistribution and recognition. The article finds that significant developments in international humanitarian law’s acknowledgment andprosecution of sexual violence been more symbolic than revolutionary in nature. Moreover, criminal prosecutions are often complicit with a post-conflict processof remasculinization—criminal tribunals tend to expect and solicit testimony of sexual violation from female witnesses, and women become figured in collectivememory as particular sorts of victims that encourage popular identification with selected aspects of women’s experience. As a result, in the criminal prosecutorialcontext, not only is the possibility for redistributive justice limited, but the possibility of recognition-based justice is also frustrated by problems ofmis-recognition or over-recognition. Acknowledging these problems, the Article cautions that we should not abandon criminal prosecutions as a key instrument in thetransitional justice toolbox, but rather view transitional justice as a critical practice and an ongoing experiment in which future applications of itsmethodologies should benefit from the lessons learned from our previous efforts.

This article explores the appeal to “truth” in the languages and institutions of transitional justice. For many in this field, uncovering thetruth is understood as a vital task. At the individual level, truth-telling is seen as a means of healing those who have been wounded by the violence of civil war,revolution or despotism. At the collective level, establishing the truth of a contested history is presented as a necessary basis for moving forward as a nationand creating the conditions for a viable, shared life. Much of the critical engagement with the texts produced by the institutions of transitional justice (such aswar crimes trials or truth commissions) treats these texts in terms of their constative effect, or their truth and falsity. This article instead engages with thetexts of such institutions in terms of their performative effect, that is, with what these texts do or accomplish. In particular, it asks what the commissioningof an official truth means for the addressees of the resulting reports. How should we understand the situation of the subject who is called upon to speak her truth?What does the act of writing a commissioned truth bring into being? The article explores such questions through a close reading of the Bringing them home reportproduced by a truth commission held in Australia during the 1990s - the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children fromTheir Families. It considers the questions of responsibility that are raised by the Australian example in particular and by the project of transitional justicemore generally.

Understood in the context and politics of Hindutva, the traditional transitional justice mechanisms have provided inappropriate remedies tovictims in the aftermath of the Gujarat riots. The author argues that the current initiatives to provide justice for victims, particularly Muslim women whosuffered rapes and sexual attacks, focus on victimization and domestic criminal law. Current remedies do not address Hindutva, its impact on the complexposition of Muslim women in Indian society, or the unwillingness of the Gujarati government and controlling political party to take responsibility for its actions during the riots. To provide justice, the author argues, even courts need to move beyond their limited focus on individual rights to address the broader systematicand ideological context that enable the production of extraordinary violence.

This article explores the significant jurisprudential developments in the Supreme Court's Romer v. Evans and Lawrence v. Texas decisions, examining the cases' precedential value for the Court's evolving standards of review, and more specifically, the impact of these cases on the future of privacy rights and same-sex marriage. The author argues that Romer and Lawrence represent an evolution beyond the Court’s past application of classification-driven tiered review, with Lawrence's strengthening of substantive due process review in cases involving suspect government motives, invasions of personal autonomy, and state-imposed stigma, paralleling Romer's "rational basis with bite" approach to equal protection. The article challenges the narrow, tradition-focused reading of substantive due process, exploring how Romer and Lawrence instead reflect a shift in the Court's jurisprudence, away from nomenclature-driven interpretations of due process, toward a broader, justice-driven approach to due process, which emphasizes the constitution's traditional protections of liberty and equality. Exploring the significance of Lawrence's description of liberty protections for intimate relationships as having both private and public dimensions, the article concludes that Romer and Lawrence together represent a metamorphosis of the right to privacy in intimate life choices, which has been transformed from a negative right to be left alone, to a more comprehensive affirmative liberty interest in self-determination, autonomy and respect.

This article argues against the commonly held belief that the crucial factors in determining the outcome of rape trials are substantive and procedural in nature. Rather, the issues of performance, representation, and language often pre-determine the outcomes of rape trials. When a complainant testifies on the stand, she is forced into one of several roles by jury attitudes and defense narratives. These roles fit defense scripts and create a heavy "burden of performance" on the accusers. This "burden of performance" operates to put a complainant's gender identity on trial and results in the incorporation of dangerous societal myths into the fact-finding process. This process is analogous to that of disaster pornography, in which academics have observed that compassion fatigue has resulted because of overexposure to disaster imagery. Similarly, as society has become saturated with rape narratives, it has become desensitized and dissociated from complainants' stories of rape. These phenomena must be considered in rape law reform if we are to have future success in the fight against rape.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

This article traces the history of how corporations sponsored 1950s TV sitcoms to convey the message that, in contrast to other existing familymodels, nuclear family formations were the most beneficial to individual family members as well as to the nation as a whole, and how corporations did so torepresent themselves as caring providers of the best products and jobs, thereby increasing the consumer market for their products. Having analyzed the corporatecreation of the nuclear family, this article examines the ongoing role of law in extending and sustaining privileges to the nuclear family. The subsidies thatthe law provides to nuclear families encourages corporations to offer benefit programs that do not truly meet the needs of many of their employees, as thesepolicies still premise the allocation of resources a family type that more closely resembles the fictional 1950s TV family rather than the diversity of householdsthat actually characterizes the country today. This article then charts how some employers have instituted domestic partner programs as a partial response to thechanging face of the family in recent years. The article notes, however, that these progressive policies still continue to reward only couple-centered familyrelationships that replicate the structure of the idealized “beneficial family.” The article then examines the emergence of other adult dependent benefits,which provide benefits to individuals who are not necessarily part of a nuclear family, and may not be related by blood, marriage, or adoption, concluding thatcorporations, in their caretaker roles, need to embrace household units that function as a family in their benefits programs, and outlines ways in which the lawmust be changed in order to promote this goal.

There is considerable confusion in American jurisprudence over what it means to be a man or woman. Many bodies do not fit well into the rigidboundaries of male/female classification. This article illustrates how the body operates as a site for the enforcement and reproduction of sex-based legal normsthrough a case study of the controversy surrounding silicone gel breast implants. The article argues that the legal response to the breast implant controversyseeks not only to enforce a set of norms about what it means to be female but also to reproduce or learn those norms on the human body itself. The breast implantcontroversy is of particular interest because it both provides an important example of the role of law in regulating sexual identity in cases where sexualidentity is not directly at issue and exposes the limitations of court rulings that rely solely on biological indicators of sexual difference. The law operatesto enforce and ultimately reproduce a highly naturalized conception of sexual identity, in which sex is determined biologically, and feminity is equated withbreasts that look as real as possible. The article concludes by proffering recommendations for re-conceptualizing sexual identity.

This article seeks to dispel the mythology that motherhood is necessarily a choice and rather suggests that motherhood may be a form of unchosensuffering imposed upon women by various cultural and legal constraints. Employing Cynthia Halpern's two theories of suffering, this article argues that althoughmotherhood manifests itself as a form of positive suffering for many women, the historical existence of women who injure or kill their children suggests thatmotherhood can also be experienced as negative suffering. Ultimately, this article explores the extent to which infanticidal mothers are not deviant mothers,but simply mothers who experience their motherhood as negative suffering in contrast to the positive suffering women are conditioned to expect.

This article argues that the United States is remiss in criticizing China for its one-child policy while neglecting to consider the comparablehuman rights abuses that occur in the United States welfare system, and that pointing the finger at other countries enables our country to distract attention fromthe more subtle, but no less severe, coercive problems in domestic family policy. The histories and structures of China's Family Planning Law and welfare lawin the United States demonstrate that they are similiar in the methods they employ, in the groups that they harm, and in their overall effects. Through acomparison of the structure and effects of United States welfare law and China's Family Planning Law, the author asks that the United States remedy theinjustices present in its own system rather than simply critiquing other systems. An incorporation of women's rights beyond their reproductive abilities wouldpermit the United States to adopt a "right-conscious" anti-natalist population policy which would encourage the respect for women's rights that the United Statesdemands of other nations.

This article argues that the recently passed Domestic Violence Firearms Bans have backfired due to judges' use of discretion to circumventthe laws when adjudicating domestic violence claims. The author argues that although Congress intended for the laws to decrease the amount of gun relateddomestic violence by prohibiting domestic violence abusers from owning or using guns, the statutes have actually led some judges to deny orders of protectionand other legal mechanisms designed to guard against domestic violence due to their concern about terminating the abusers' employment. Domestic violence abuserswho are in the military or the police force, for example, are often able to persuade judges to rule in their favor because if they are found guilty of domesticviolence they run the risk of losing their jobs because they will no longer be legally able to carry guns. This result runs contrary to the intent of thelegislation, and risks the safety of domestic violence victims who seek refuge in the court system. The author proposes that in order to rectify this problem,judges must be educated about the intent of the laws and the consequences that arise from their use of discretion in favor of the abuser, and held accountable fortheir failure to invoke laws designed to protect against abuse in general, and more specifically, to deter the often fatal combination of domestic abuse andfirearm possession.

This article addresses recent legislative attempts to reform domestic violence law in the Dominican Republic. Law 23-97, enacted in 1997, introduced important changes to the country's Criminal Code, criminalizing violent and discriminatory conduct in an effort to guarantee women equal protectionof the law. Yet, as the article argues, the mere codification of laws will not, on its own, change cultural values. There is an urgent need to train lawenforcement professionals and judges, as well as lawyers, about the changes introduced by Law 24-97. The State must supplement this legislation with trainedprofessional personnel, adequate budgetary allocations, comprehensive national policies, and a dedicated commitment to re-focusing the cultural lens throughwhich violence against women is viewed.

The purpose of this article is to examine the manners in which the law and the media may lead us to recognize the harms of, and the remedies for, the harassment of women in public spaces. Focusing on the sexual assaults that took place after the 2000 Puerto Rican Day Parade, the article examines theinterplay between law and media by examining different media representations and the legal cases regarding the sexual harassment of women at the Parade. Usingthe Felstiner et al. framework of naming, blaming, and claiming, and applying it to the 2000 Puerto Rican Day attacks, this article reconceptualizes the harm ofstreet harassment, emphasizing the need for a collaborative effort by those within the mass communication and legal communities so that a seemingly invisible harmmay be transformed into a perceived injury with identifiable offenders.

The legal relationship between sex discrimination and sexual orientation discrimination arguments is currently unclear because the courtshave been reluctant to protect homosexuals under any legal theory. As that reluctance passes, however, the need to examine this relationship has become pressing.This article argues that a sex discrimination argument for gay rights under the Equal Protection Clause is incompatible with the developing jurisprudence ofsexual orientation discrimination and should be reformulated as a postmodern argument for how various biases can and do intersect.

This Article focuses on the portrayal of violent women in the media. Its basic premise is that when women do not conform to societal stereotypes about women's proper roles and attendant behavior, they are treated more harshly than their male counterparts. The Article pays particular attention to the gender bias in capital punishment and how this, in part, determines how society views the violent actions of these women. The author highlights these themes by following the various trials and appeals of four women convicted and sentenced to Florida's Death Row. It also addresses many newspaper articles about these trials and how these women were negatively portrayed. The author then develops a theoretical framework of how gender stereotypes affect how juries perceive violent women and contrasts with the jurors may alternatively view battered female defendants. Chivalry is seen as a double-edged sword for female defendants who commit violent crimes. Finally, the author advocates the conscious avoidance of stereotypes about women in criminal trials and an eventual greater equality in both "public and private interactions between men and women."

Many health insurance companies have exclusion clauses categorically denying coverage of sex-reassignment surgeries and related medical treatment. These clauses, however, are unsupported by the medical community that advances sex-reassignment surgeries as the only recommended treatment for eligible individuals whose self-identified gender identity does not correspond with their anatomical gender. Hong examines the legally permissible discrimination by health care providers against transsexuals in light of a lack of protection by the Americans with Disabilities Act. She then looks at equal protection doctrine and proposes how the courts' understanding of what constitutes 'sex'–from women, to men, to failure to conform to traditional gender roles–has evolved in such a manner that transsexuals under can be faithfully included under the rubric of such protection.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

No abstract is available for this article.

The author explores the issues raised when a custodial parent seeks to relocate, providing an overview and critique of states' differing approaches to relocation disputes, proposing a model for reform based on the Uniform Marriage and Divorce Act, with the addition of considerations for motivation.

Mairi N. Morrison describes how narcotics forfeiture evolved as one of the chief weapons in the 'war on drugs,' and discusses the myths and stereotypes of mothers in general and of black single mothers specifically. Morrison also addresses how some stereotypes presented themselves in an attempt to construct an innocent owner defense for a client in danger of losing her family home. Morrison also presents the U.S. District Court's opinion in United States v. Nostrand as a model of a successful forfeiture defense.

Katherine A. Taylor describes the pregnancy restrictions in 36 states requiring that life-prolonging medical care not be withheld or withdrawn from an incompetent pregnant woman, regardless of her own wishes previously expressed in a living will, or, in many states, the wishes of her designated proxy decision-maker. Taylor then offers a substantive due process analysis focusing on harms caused individual women by the restrictions; derogation of women's medical decisional authority; and analyzes the pregnancy restrictions under a feminist equal protection approach. She illustrates how Pregnancy restrictions are tied to the historical and continued subordination of women.

A narrative piece describing the experiences of teaching law as a lesbian.

The National Sandinista Liberation Front (FSLN) facilitated Nicarguan women's participation in the economy and in politics only so long as doing so furthered the goals of the revolution. Once women's demands challenged male privilege, the FSLN was unwilling to lend its support - despite rhetoric to the contrary.

Susan Bisom-Rapp evaluates law as a narrative vehicle by using women attorneys as an example of the difference language can make. Rapp juxtaposes two articles about law firms and discrimination: sociologist Cynthia Fuchs Epstein's report on women's integration into large law firm practice, and a discrimination defense attorney's article on the difficulty of defending non-discriminatory termination and partnership decisions.

A narrative piece using the "borderlands" as a metaphor, discussing strategies of transculturation.

A review of Drucilla Cornell's book, The Imaginary Domain, discussing various feminist theories and Cornell's minimum conditions of individuation, as applied to abortion, pornography, and sexual harassment.

Judge Weinstein argues that the Federal Sentencing Guidelines have obstructed the consideration of individual culpability and just punishment, and that ostensibly gender-neutral provisions do not lead to gender-neutral results in a society in which many male and female experiences with crime, family life, and community differ.

Beth C. Miller compares United States and traditional Jewish law on rape and suggests that we can look to traditional Jewish law in seeking suggestions for improving rape law in the U.S. In some respects, Jewish law provides a more sympathetic and protective legal system for rape victims.

Ann D. Jordan discusses the major human rights instruments concerned with the human right to development and violence against women, argues that evelopment policies are inherently biased against women, and presents evidence that increased violence against women in the developing world is caused by the mal-development of mainstream projects and schemes. Jordan uses the experiences of Chinese women during the period of economic reform since 1979 as an example, and calls for increased cooperation between development researchers,lpractitioners, and advocates concerned with violence

Feminist legal theories of gender and the law. Feminist examination of the effectiveness of litigation, legislation, and community-based programs at remedying common problems of women in prison: inadequate vocational skills, drug dependency, and lack of contact with their children. Advocates should focus their energy on legislative and community-based solutions, as the gender-neutral requirements of the Equal Protection Clause limit the effectiveness on litigation.

A historical account of the Stonewall riots, written in honor of their 25th anniversary. Exploration of the social significance of constructions of gender as well as the need to include race, gender, and class within a concept of a gay and lesbian community.

The current and potential successes of two recently enacted statutory efforts to address intimates' violence against women: Puerto Rico's domestic violence law and the United States' federal anti-violence legislation.

John Vagelatos reviews Professor Martha Fineman's book, The Neutered Mother, the Sexual Family, and Other Twentieth Century Tragedies, concluding that it presents a fresh feminist legal viewpoint which develops innovative perspectives on the failure of family-based reform for women.

Dorthy E. Roberts reviews Professor Martha Fineman's book, The Neutered Mother, the Sexual Family, and Other Twentieth Century Tragedies. She takes Fineman's notion of motherhood's unrealized power as a starting point to discuss how Fineman uses this concept to challenge both welfare reformers and feminists who devalue the role that mothers serve. She explores Fineman's further indication that motherhood holds more positive potential for addressing women's social inequality; and problematizes the notion of motherhood's unrealized power by examining some of the complexities inherent in viewing Mother as a transformative metaphor or as a role which unifies women.

Jonathan Simon examines Professor Fineman's discussion of dependency in her book, The Neutered Mother, the Sexual Family, and Other Twentieth Century Tragedies.

It is theologically imperative for the Christian church in South Africa to end its silence regarding the high numbers of South African women who undergo dangerous illegal abortions. Discussion of the complex forces that constituted apartheid. The medical impact of the illegality of abortion in South Africa. Abortion law's operation in changing South African society.

Discussion of the issues plaguing African-American males. Addressing the best interests of the child test as it arises in the dispositional stage for juvenile delinquents. The African-American father as nurturer. The remedial measure of forced parentage may be necessary as a pro-survival measure.

Analysis of images of female attorneys in the films Suspect, Jagged Edge, and Guilty as Sin.

A focus on the anxiety of abused women in Ghana, discussing the need to do research on domestic violence in Ghana. The "invisible" nature of domestic violence in Ghana. Ways in which the problem of domestic violence could possibly be addressed.

Prostitutes' strategies to improve the lives of women in prostitution. How women in prostitution have organized to represent their interests. Discussion of these issues within the broader context of feminist theory. Radical feminism should inform current law reform efforts and serve to guide feminist institutions to improve the lives of women in prostitution.

A study of conflicting perceptions of lawbreaking by poor, young, Black males, contrasting the media's portrayal of their lawbreaking with the young men's own perceptions of their actions.

Professor Fineman responds to the suggestion that society use the legal coercion of contract to give definition to the social and emotional experience of sex made in the article Sex as Contract: Abortion and Expanded Choice, by Peter D. Feaver et al., concluding that the law and economics analysis is inherently conservative, not neutral or universal, and that its rhetoric provides an ideological justification for continued acceptance of the increasingly invisible imbalances of power between men and women.

When men are situated comparably to women with respect to reproduction due to use of new technologies, they are systematically treated better than women. These "pregnant men" generally win court disputes about custody and reproductive control issues when the opposing party in female. Our judiciary treats the significance of women's biology inconsistently, ignoring differences entirely or exaggerating differences excessively. This perpetuates women's subordination. Feminists should strive to persuade society to view reproductive capacity accurately and compassionately.

Inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The Uniform Parentage Act is a particluar example of this. Such laws have had a differential impact on both African-American and white women and men.

Examination of the proposed civil rights cause of action in Title III of the proposed Violence Against Women Act. There is a need for caution in its drafting, considering the racist history of laws addressing sexual violence in the United States.

All papers included in this issue of JGL were presented at the first feminist issues workshop sponsored by the Feminism and Legal Theory Project at Columbia Law School, entitled "Reproductive Issues in a Post-Roe World."

The paradigm of competing rights of the mother and fetus as argued in Planned Parenthood v. Casey is ineffective. The abortion controversy should be reframed as an equality issue.

A constitutionally protected right to personal privacy is indispensable to any modern conception of freedom. Without reproductive freedom, secured in part by such a right, women are deprived of the good that privacy rights should protect. Women have not received full protection of their reproductive freedom because these rights have been misinterpreted and/or willfully misconstrued; privacy rights should be respected in the domain of intimacy, sexuality, and procreation.

A defense of a continuing role for the right of privacy in arguments for women's reproductive freedom against charges that privacy is an impoverished concept. Raises cautions about certain feminist critiques of privacy that would ground this freedom in notions of reproductive responsibilities.

A defense of the right to abortion against the regulatory encroachment on women's judgmental autonomy; analysis of the Planned Parenthood v. Casey decision.

A review of the limitation of rights-based arguments for reproductive freedom. Proposes an alternative vision of freedom which emphasizes the individual's synergistic relationship with community. Instead of focusing on either the community or the individual, that the individual's relationship with her community must be promoted and protected.

The amicus brief submitted to the Appellate Division of the New York Supreme Court by the American Public Health Association in the Elaine W. v. Joint Diseases North General Hospital, Inc. case, arguing that substance abuse treatment programs cannot exclude pregnant women without demonstrating a bona fide consideration of public policy.

An examination of how the construction of "Woman" is manifested in popular culture and legal, scientific, and political discourses. Exploration of how those constructions are used to disempower women, particularly women of color and poor women. A look at legal conceptions of the female body.

A study of the evolution of the doctor-patient relationship over the past decade and the historical treatment of the fetus in substantive law. Addressing the state's interest in protection children and fetuses. Survey of evolving technology and its impact on the health of mother and fetus. A proposal to limit coercive intervention to a remedy of last resort. Education, access to care, and the fostering of a positive doctor-patient relationship should be alternatives to legal intervention.

Reproductive autonomy must be understood within the larger conflict between welfare state ideology and women's autonomy generally.

The marginalization of midwives as an aspect of the struggle for reproductive rights.

A consideration of the feminist project in law and two contemporary legal feminist approaches to the historical construction of women as "different"—an equality-based strategy and a "post-egalitarian feminism"; the author hopes for a development of the concept of "gendered lives".

A narrative account of two female attorneys in rural practice: their experiences in law school, their moves to Flinthills, Missouri, their jobs, their lives outside of practicing law, their relationship to their community, their relationships to other lawyers, their relationship to one another, and their perceptions of themselves.

An account of the lives of domestic workers in Johannesburg, South Africa: their working hours, the wages they receive, the food and accommodations of live-in workers, the separation from their families, their relationships with their employers, their experiences with violence and harassment, the cultural and social status of African women, and their hopes for change.

Integration of a narrative storytelling approach to law and traditional legal analysis would improve legal education.

A collection of reflections on Patricia William's The Alchemy of Race and Rights: Diary of a Law Professor, by various people whom the author thanks in the Acknowledgments section of her book "for their invaluable conversation, inspiration, friendship, and encouragement."

Introductory comment by Columbia Law School alumna, Justice Ginsburg, discussing the experiences of women in the legal profession in the past and offering a message of hope for the future.

Myra Bradwell Day is an annual event held by the Columbia Law Women's Association to celebrate women in the law. In 1990, a panel of feminist scholars discussed the connection between theory and practice in the lives of women who practice, teach, and write about law.

A description of AIDS Counseling and Education (ACE), a prison program of peer education, counseling, support, and health advocacy, in Bedford Hills Correctional Facility for Women.

A discussion of the influence of the Judeo-Christian tradition on the power structure and ideology of the United States, arguing that Christian legitimization of patriarchal law is without justification. Proposal of an alternative model of women espoused by Christian feminism which should result in improved legal outcomes for women.

An overview of the advancement of women's rights through the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), contrasting the rights that have been obtained in theory with the current status of women, examining probable causes for the discrepancy, and suggesting mechanisms to help women secure the rights they have been granted under international law.

Abstracts from the Fifth Annual International Women's Rights Action Watch Conference in New York on January 20–22, 1990.

This Article focuses on the portrayal of violent women in the media. Its basic premise is that when women donot conform to societal stereotypes about women's proper roles and attendant behavior, they are treated more harshly than their male counterparts. The Article pays particular attention to the gender bias in capital punishment and how this, in part, determines how society views the violent actions of these women. The author highlights these themes by following the various trials and appeals of four women convicted and sentenced to Florida's Death Row. It also addresses many newspaper articles about these trials and how these women were negatively portrayed. The author then develops a theoretical framework of how gender stereotypes affect how juries perceive violent women and contrasts with the jurors may alternatively view battered female defendants. Chivalry is seen as a double-edged sword for female defendants who commit violent crimes. Finally, the author advocates the conscious avoidance of stereotypes about women in criminal trials and an eventual greater equality in both "public and private interactions between men and women."

Many health insurance companies have exclusion clauses categorically denying coverage of sex-reassignment surgeries and related medical treatment. These clauses, however, are unsupported by the medical community that advances sex-reassignment surgeries as the only recommended treatment for eligible individuals whose self-identified gender identity does not correspond with their anatomical gender. Hong examines the legally permissible discrimination by health care providers against transsexuals in light of a lack of protection by the Americans with Disabilities Act. She then looks at equal protection doctrine and proposes how the courts' understanding of what constitutes "sex"—from women, to men, to failure to conform to traditional gender roles—has evolved in such a manner that transsexuals under can be faithfully included under the rubric of such protection.