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Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian May 2022

Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian

Articles in Law Reviews & Other Academic Journals

The Supreme Court appears poised to overrule fifty years of precedent holding that pre-viability prohibitions on abortion are unconstitutional. In a leaked draft opinion of Dobbs v. Jackson Women Health Organization, Justice Alito proclaims that Roe v. Wade and Planned Parenthood v. Casey must be overruled and abortion left to the states to regulate. During oral argument in Dobbs, Justice Kavanaugh suggested that overturning Roe would return the Court to a postion of "neutrality" on abortion. Justice Kavanaugh's assertion falls in line with claims by anti-abortion jurists that reversing Roe would simplify abortion law by returning the issue to the …


Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke Jan 2018

Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson Jan 2018

The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson

Articles in Law Reviews & Other Academic Journals

Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …


Privatizing Bars On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian Jan 2017

Privatizing Bars On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian

Articles in Law Reviews & Other Academic Journals

State governments have devised a new means to evade the Constitution. Their new means is to enact tort statutes that, in effect, ban constitutionally protected conduct. In particular, some states have made the provision of an abortion a tort for which there can be no defense and no cap on the amount of liability. These states have made performing an abortion essentially illegal. Yet, because tort statutes are enforced through private litigation, rather than public prosecution, a number of courts have held that they lack jurisdiction to review these laws. Federal courts have concluded that standing doctrine and state sovereign …


Debunking The Myth Of Universal Male Privilege, Jamie Abrams Jan 2016

Debunking The Myth Of Universal Male Privilege, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …


The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess Jan 2015

The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson Jan 2015

Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Yes, Virginia, There Are Stupid Questions, David Spratt Jan 2015

Yes, Virginia, There Are Stupid Questions, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert Jan 2015

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams Oct 2014

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis Jan 2013

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis

Project on Addressing Prison Rape - Articles

This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …


Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith Jan 2012

Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.


Women And Jurisprudence, Ma. Elodia Robles Sotomayor Feb 2011

Women And Jurisprudence, Ma. Elodia Robles Sotomayor

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Inter-American System, Claudia Martin Jan 2011

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler Jan 2011

Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler

American University Journal of Gender, Social Policy & the Law

No abstract provided.


“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral Jan 2011

“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary Jan 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem Jan 2009

Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem

Human Rights Brief

No abstract provided.


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Jan 2008

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …


Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle Jan 2006

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Why Care About The History Of Women In The Legal Profession, Mary Clark Jan 2006

Why Care About The History Of Women In The Legal Profession, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Women As Supreme Court Advocates, 1879-1979, Mary Clark Jan 2005

Women As Supreme Court Advocates, 1879-1979, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Marriage, Divorce, And Inheritance Laws In Sierra Leone And Their Discriminatory Effects On Women, Pamela O. Davies Jan 2005

Marriage, Divorce, And Inheritance Laws In Sierra Leone And Their Discriminatory Effects On Women, Pamela O. Davies

Human Rights Brief

No abstract provided.


One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark Jan 2004

One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Watching You, Watching Me, Brenda V. Smith Jan 2003

Watching You, Watching Me, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.


Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma Jan 2003

Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma

Human Rights Brief

No abstract provided.