Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (16)
- Maurer School of Law: Indiana University (7)
- Pace University (7)
- William & Mary Law School (6)
- University of Denver (3)
-
- Pepperdine University (2)
- Seattle University School of Law (2)
- University of San Diego (2)
- American University Washington College of Law (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- University of Miami Law School (1)
- University of South Carolina (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Michigan Journal of International Law (11)
- Indiana Journal of Global Legal Studies (7)
- Pace International Law Review (7)
- William & Mary Journal of Race, Gender, and Social Justice (6)
- Michigan Journal of Gender & Law (5)
-
- Human Rights & Human Welfare (3)
- Pepperdine Law Review (2)
- San Diego International Law Journal (2)
- Seattle University Law Review (2)
- Human Rights Brief (1)
- ILSA Journal of International & Comparative Law (1)
- Immigration and Human Rights Law Review (1)
- Journal of Race, Gender, and Ethnicity (1)
- Maryland Journal of International Law (1)
- Notre Dame Journal of International & Comparative Law (1)
- South Carolina Journal of International Law and Business (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- University of Baltimore Journal of International Law (1)
- University of Massachusetts Law Review (1)
- University of Miami International and Comparative Law Review (1)
- Washington and Lee Law Review (1)
Articles 1 - 30 of 57
Full-Text Articles in Entire DC Network
Women In Shareholder Activism, Sarah C. Haan
Women In Shareholder Activism, Sarah C. Haan
Seattle University Law Review
Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
San Diego International Law Journal
Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/feminicide. Given this new trend to address the …
History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert
History Repeating Itself: The Resurgence Of The Taliban And The Abandonment Of Afghan Women, Hannah Bogaert
Immigration and Human Rights Law Review
For two decades the United States and its allies fought against the Taliban in Afghanistan. After the U.S. withdrawal from Afghanistan in late 2021, the Taliban has once again claimed the power of the country. The Taliban has already begun to implement restrictions that deny Afghan women their human rights. This article will outline the Taliban’s disregard for the International Bill of Human Rights, analyzing the Taliban’s observance of human rights before the U.S. invasion in 2001, post- U.S. withdrawal expressions by the Taliban in 2021, and post-U.S. withdrawal actions in 2021. Finally, this article will analyze different actions available …
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy
A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy
Michigan Journal of International Law
Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and …
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney
Pepperdine Law Review
In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Fairness At A Price: Protecting The Integrity Of Athletic Competitions At The Expense Of Female Athletes, Annie Bach Yen Nguyen
Notre Dame Journal of International & Comparative Law
Ever since women were allowed to compete in the Olympics, they have been subjected to some form of gender verification. Initially, the International Olympic Committee (IOC) and International Amateur Athletic Federation (IAAF) required female athletes to present certificates from their doctors confirming that they were in fact women. In 1966, the IOC and the IAAF “decided they couldn’t trust individual nations to certify femininity, and instead implemented a mandatory genital check of every woman competing at international games.” This process was dubbed the “nude parades”. In response to the overwhelming disapproval of such examination, the IOC and IAAF began implementing …
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Suicide In The Name Of Honor: Why And How U.S. Asylum Law Should Be Modified To Allow Greater Acceptance Of Honor-Violence Victims To Prevent “Honor Suicides”, Ayla M. Kremen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet
Seattle University Law Review
The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …
Norway’S Companies Act: A 10-Year Look At Gender Equality, Kristen Carroll
Norway’S Companies Act: A 10-Year Look At Gender Equality, Kristen Carroll
Pace International Law Review
This analysis assesses the amendment to Norway’s Companies Act, in light of the 10-year anniversary of the mandate of female representation on corporate boards. First, I discuss the implementation of the quota, Section 6-11a. Second, I compare three statistical studies that analyze the effects of the quota on corporate profitability, overall firm performance, and the changing dynamics of the managerial positions. Finally, I evaluate the various avenues to fully achieving diversity, such as the successes and failures of a quota-type system and possible initiatives that governments and companies can enact to achieve gender-balance in the workplace. While some hypothesize that …
Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt
Corporate Governance Sex Regimes: Peripheral Thoughts From Across The Atlantic, Horatia Muir Watt
Pace International Law Review
The very recent and highly mediatized “Declaration of the 343 Salauds”, where 343 (male) signatures in support of prostitution in a form designed to echo the highly significant declaration of as many women in 1971 in favor of the legalization of abortion, sheds particularly interesting light upon debate about sex regimes in connection with French law. France has recently introduced compulsory quotas for women in corporate boards after imposing la parité for public appointments. A comparative perspective, confronting this recent legislative development from across the Atlantic with policy views on affirmative action and philosophical conceptions of diversity in the United …
Gender Quotas For Corporate Boards: Options For Legal Design In The United States, Anne L. Alstott
Gender Quotas For Corporate Boards: Options For Legal Design In The United States, Anne L. Alstott
Pace International Law Review
Recently, U.S. activists, scholars, and policy makers have turned their attention to one notable effort to address the gender gap in management: gender quotas for corporate boards of directors. Twelve European countries have pioneered quotas in this context. France, Italy, the Netherlands, Norway, and Belgium now have mandatory quotas ranging from 30%-40%. Spain, Germany, Denmark, Finland, Greece, Austria, and Slovenia have voluntary quotas, and Germany and the EU are considering legislation to mandate quotas. Gender quotas for corporate boards represent an intriguing option, even if the case for quotas is not airtight. The argument for gender quotas rests on a …
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade
Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade
Pace International Law Review
The excellent conference organized by Darren Rosenblum comparing global approaches to board diversity inspired me to think about how progress in this context has unfolded in the United States. Even though the issue of diversity on corporate boards has become a global issue, few U.S. boards have moved beyond mere tokenism when it comes to female directors. One reason for the lack of diversity among corporate directors is that board selection has been based on membership in a particular network. This essay, however, focuses on the persisting problem of discrimination—a more invidious explanation for the fact that very few corporate …
A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome
A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome
Pace International Law Review
This symposium essay summarizes our ongoing ethnographic research on corporate board diversity. This research is based on fifty-seven interviews with corporate directors and a limited number of other persons of interest (including institutional investors, executive search professionals, and proxy advisors) regarding their views on race and gender diversity in the boardroom.
Using a method rooted in anthropology and discourse analysis, we have worked from a general topic outline and conducted open-ended interviews in which respondents are encouraged to raise and develop issues of interest to them. The interviews range from forty-five minutes to two hours in length and each interview …
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Diversity In The Boardroom: A Content Analysis Of Corporate Proxy Disclosures, Aaron A. Dhir
Pace International Law Review
My work in this field has focused on regulation by quota and regulation by disclosure. With regard to quotas, strikingly, the Norwegian law is not located in regulation that explicitly deals with human rights or equality issues; rather, it is found in the heart of the legal regime that gives life and personality to corporations – in Norwegian corporate law. I have conducted qualitative, interview-based research with Norwegian corporate directors, both men and women. It is only through understanding how the goals of the law have translated into the day-to-day existence of these individuals that we can begin to consider …
Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum
Comparative Sex Regimes And Corporate Governance: An Introduction, Darren Rosenblum
Pace International Law Review
In February 2013, on the day of the worst snowstorm in many years, Pace International Law Review conducted a symposium on “Comparative Sex Regimes and Corporate Governance.” Despite a total shutdown of all transport networks and the consequent absence of a few stranded scholars, we met to discuss the fraught questions posed by corporate board quotas and formulate answers.
Led by Norway in 2003, several nations have begun to mandate certain levels of women’s inclusion on corporate boards. In the face of widespread exclusion of women from corporate power that suggests structural biases, these quotas appear radical and compelling. The …
Myths About Women’S Careers In Law, Patricia M. Wald
Myths About Women’S Careers In Law, Patricia M. Wald
University of Baltimore Journal of International Law
Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong
The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Securing Gender-Based Persecution Claims: A Proposed Amendment To Asylum Law, Lucy Akinyi Orinda
Securing Gender-Based Persecution Claims: A Proposed Amendment To Asylum Law, Lucy Akinyi Orinda
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Witchcraft: A Human Rights Conflict Between Customary/Traditional Laws And The Legal Protection Of Women In Contemporary Sub-Saharan Africa, Maakor Quarmyne
Witchcraft: A Human Rights Conflict Between Customary/Traditional Laws And The Legal Protection Of Women In Contemporary Sub-Saharan Africa, Maakor Quarmyne
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler
Indiana Journal of Global Legal Studies
This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.
Human Rights and …
Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi
Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi
Human Rights & Human Welfare
Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women’s rights and freedoms in Afghanistan have finally entered the radar screen of the international community’s consciousness, they still linger in the margins in many respects.
Socio-cultural and extremist religious elements continue to pose serious obstacles to reconstruction …
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett
Indiana Journal of Global Legal Studies
This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Michigan Journal of Gender & Law
Victims of human trafficking who seek international protection in their country of destination face a steep uphill battle. Special visa programs designed to regularize their status are often riddled with conditions that make them inaccessible to all but a very few victims. Despite widespread international agreement that the manifold harms inflicted upon the majority of trafficked persons generally rise to the level of persecution, and therefore that victims should be eligible to apply for asylum, many national courts misinterpret international refugee law standards and routinely deny refugee status to deserving applicants. Courts often refuse to recognize persecution on the basis …
Chinese Women And Economic Human Rights, Lisa Fry
Chinese Women And Economic Human Rights, Lisa Fry
Human Rights & Human Welfare
Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …
Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan
Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan
South Carolina Journal of International Law and Business
No abstract provided.
Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz
Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz
Human Rights & Human Welfare
A review of:
Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.