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Articles 1 - 30 of 402
Full-Text Articles in Entire DC Network
How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión
How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión
City University of New York Law Review
No abstract provided.
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Catholic University Journal of Law and Technology
No abstract provided.
The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder
The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder
DePaul Journal of Women, Gender and the Law
“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …
All Is Not Fair In Love And War: An Exploration Of The Military Masculinity Myth, Meghan O'Malley
All Is Not Fair In Love And War: An Exploration Of The Military Masculinity Myth, Meghan O'Malley
DePaul Journal of Women, Gender and the Law
Sexual assault has become pandemic and even a common occurrence among the ranks of all branches of the U.S. military. The Department of Defense estimates that in the year 2012 alone, 26,000 active duty soldiers were sexually assaulted. The military rape culture was thrust to the forefront of the media in 1991 as a result of the Tailhook Scandal. The military and Congress have not sat idly by, but twenty-three years and hundreds of thousands of assaults later, nothing has successfully alleviated the rates of sexual violence.
This paper explores why such efforts have failed to produce the desired results …
Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem
DePaul Journal of Women, Gender and the Law
This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international …
Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia
Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia
DePaul Journal of Women, Gender and the Law
Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …
Indigenous Women, Water Justice And Zaagidowin (Love), Deborah Mcgregor
Indigenous Women, Water Justice And Zaagidowin (Love), Deborah Mcgregor
Articles & Book Chapters
I would like to open by saying Chi-miigwech (a big thank-you) to those Elders/Grandmothers who have shared their stories and teachings with me over the years. Some have since passed on and I hope that through my words, their love and generosity will continue the process of healing the people and waters upon which they so integrally depend.
The paper which follows contains many references to notions of love, mutual respect, and responsibility towards the natural world, and water in particular. These ideas may seem a little tenuous for a serious paper on a critical environmental justice issue, but concepts …
Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol
Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.
This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …
Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson
Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson
Law School Blogs
No abstract provided.
Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras
Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras
Michigan Journal of Gender & Law
In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus
Michigan Journal of Gender & Law
LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …
The Right To Same-Sex Marriage: Formalism, Realism, And Social Change In Lawrence (2003), Windsor (2013), & Obergefell (2015), Ronald Kahn
Maryland Law Review
No abstract provided.
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Buffalo Law Review
No abstract provided.
My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White
My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White
Buffalo Law Review
No abstract provided.
Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel
Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel
Buffalo Law Review
No abstract provided.
Adopting The Gay Family, Cynthia Godsoe
The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav
The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav
Faculty Scholarship
The Women of the Wall wish to participate in communal prayer in the women’s section of the Western Wall in Jerusalem. Their practice is to pray as a group, wrap themselves in a tallit, and read from the Torah scroll. They represent Jewish pluralism in that their group includes Orthodox, Conservative, Reform and secular women. They represent openness to change in that they base their claims on Halakhic interpretation, thereby embracing the capacity of Jewish law to evolve. This article reviews the resistance of the religious and political establishment in Israel to their claim and their struggle, unsuccessful so far, …
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Articles
These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …
Derecho Civil Constitucional Y Violencia Familiar, Silvia Roxana Sotomarino
Derecho Civil Constitucional Y Violencia Familiar, Silvia Roxana Sotomarino
Silvia Roxana Sotomarino
This article refers to a case in which the alleged victim family is not the woman, being evidenced in the appeal N ° 2350 - 2012-LIMA how forced the system to establish a psychological abuse that is not based on fundamental tests, criticizing the author has extended this process even though it lacked of evidences, affecting other serious cases in which there is no doubt the physical and psychological abuse, and they tend to be resolved with more delay and faulty way.
American Culture’S Impact On Gender And The Perpetuation Of A Gender Binary, Anna Blaho
American Culture’S Impact On Gender And The Perpetuation Of A Gender Binary, Anna Blaho
University Honors Program
This thesis explores the origins of American culture’s fixation on gender being a dichotomous concept. Through the analysis of previous research surrounding the subject of gender roles, expectations, and stereotypes, contributors to this restrictive mind frame as well as reinforcing agents were recognized. Historical trends have demonstrated the assignment of clear and separate tasks to the genders, which in turn created differentiated experiences and opportunities presented to each gender. Facilitated by the historical basis, American culture emulated similar patterns that instilled inflexible conceptions about gender to the point where it has created a discriminate workplace environment. As a consequence of …
The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose
The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose
Meg Penrose
Of all the “best” and “worst” Supreme Court lists published, there has never been a listing of the Top Ten female Justices. The reason for this scholarly void is simple: only four women have served on the Court. Indeed, only five women have been nominated. I am pleased to present the first, though admittedly incomplete, listing of the Top Ten female Justices.
Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf
Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith
Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith
Reports
The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, Julie M. Spanbauer
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, Julie M. Spanbauer
Julie M. Spanbauer
In the past several years, various publications, including medical literature, television reports, newspaper articles, and even a book written by a physician and editor of a prestigious medical journal, have delivered roughly the same message to the public about silicone gel breast implants: they do not cause disease. According to these publications, the issue is all but closed. They claim that the earlier litigation documenting the dangers of silicone and the misdeeds of surgeons, as well as exposing greedy and fraudulent behavior of corporations such as Dow Coming, was apparently either in error or was itself a fraud perpetrated upon …
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
All Faculty Scholarship
In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …
Marriage Equality And The New Maternalism, Cynthia Godsoe
Marriage Equality And The New Maternalism, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Beyond Marriage Equality Symposium, Roger Williams University School Of Law
Beyond Marriage Equality Symposium, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper
Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper
Faculty Scholarship
In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?
In Young, the first of these decisions, all members of the …
Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law
Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.