Digital Commons Network^™

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 …

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 …

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 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

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

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.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Irrational Woman: Informed Consent And Abortion Decision-Making, Maya Manian

Articles in Law Reviews & Other Academic Journals

It must be admitted that women have but little sense of justice . . . . We say also of women that their social interests are weaker than those of men, and that their capacity for the sublimation of their instincts is less.

Respect for human life finds an ultimate expression in the bond of love the mother has for her child . . . . While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained.

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.

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 …

The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi

Project on Addressing Prison Rape - Articles

This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.

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

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the 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. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Battering, Forgiveness And Redemption, Brenda V. Smith

Project on Addressing Prison Rape - Articles

While there has been some acknowledgement that battered women kill, there has been less acceptance that battered women may have been arrested for some other offense. Can those fallible women be “forgiven” for their offenses and allowed to receive the community affirmation, validation, social services, and protection that other battered women receive? This Article focuses on a topic that, though discussed, has frequently been dismissed in the domestic violence discourse; battered women’s forgiveness of their batterers and battered women’s process of forgiving themselves for participating in the relationship.

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.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Meditation On The Theoretics Of Practice, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …