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The Obama Administration’S Policy Change Grants Asylum To Battered Women: Female Genital Mutilation Opens The Door For All Victims Of Domestic Violence, David Z. Ma

David Z Ma

ABSTRACT Throughout his Presidential campaign in 2008 and at his inauguration on January 20, 2009, President Obama repeatedly promised the American people one absolute: change. Change would come in many forms, and on April 13, 2009, change came to immigration law and to victims of domestic violence. President Obama’s administration filed a supplemental appeal brief outlining its policies for victims of domestic violence seeking asylum in the U.S. This policy completely reversed the Bush administration’s position on the issue. Yet, how did this change come about? In the preceding decade before President Obama took office, the Board of Immigration Appeals …

Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn

Karen H. Rothenberg

No abstract provided.

Partner Notification And The Threat Of Domestic Violence Against Women With Hiv Infection, Karen H. Rothenberg, Richard L. North

Karen H. Rothenberg

No abstract provided.

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli

Paula A Monopoli

Congress is considering pension reform in the wake of the tremendous loss in market value of retirement plans during the current recession. This article suggests that this is a historic moment to remedy a previously unidentified, unintended but profound gender disparity embedded in the federal law governing retirement plans in this country. It explores the common perception that while contemporary law and policy aim to facilitate equality within marriage, including in the area of property ownership, embracing equitable distribution in reallocating property upon divorce, the Employment Retirement Income Security Act’s (ERISA) structuring of retirement asset accumulation runs counter to this …

Sex Is Not Enough: How Schroer Teaches Us That Transgender Employees Need Explicit Protection From Discrimination, Heron Greenesmith

Heron Greenesmith

In Schroer v. Billington, Judge Robertson of the DC District Court held that transgender employees are protected from discrimination by Title VII's prohibition on discrimination "because of . . . sex." While the decision was a ground breaking one, this article argues that it is not enough to truly protect transgender employees from discrimination. The article advocates that to provide true protection, Congress should pass the Employment Non-Discrimination Act, which provides explicit protection for employees on the basis of sexual orientation and gender identity.

Rape As A Weapon Of Peace: A Legal And Psycological Analysis Of How The Pervasive Violence Against Women Leads To The Deterioration Of A Country’S Economy, Health And General Welfare., Lucette Pierre-Louis

Lucette Pierre-Louis Ms.

Much has been written about rape and how it has been used as a weapon of war. In Haiti, the subject of rape has falsely been used as a tactic of peace due to the miniscule role of women. Haiti has neglected to take action to prosecute rape offenders since it is an accepted practice and unmentioned silent crime. This paper will use Haiti as a case study demonstrating how a third world underdeveloped country’s lack of protection against women has a direct impact on the viability of the country.

The Employment Non-Discrimination Act: An Argument For H.R. 3685, Deborah L. Cook

Deborah L Cook

This article examines the language of H.R. 3685 and compares it to an earlier version of the Employment Non-Discrimination Act that was introduced in April of 2007 as H.R. 2015. Drawing upon arguments from both conservative and liberal perspectives challenging the Act, this article argues that the latest version of the Employment Non-Discrimination Act, proposed in September of 2007 as H.R. 3685, offers greater promise for protecting gay, lesbian and bisexual Americans from discrimination in the workplace. The revised Employment Non-Discrimination Act will act to ensure that individuals will be protected regardless of their sexual orientation by the same fundamental …

A Civic Critique Of Democracy: Civic Organizing As The Generating Force Of A Civic Concept Of Law, Palma Joy Strand

palma joy strand

A Civic Critique of Democracy: Civic Organizing as the Generating Force of a Civic Concept of Law Palma Joy Strand ABSTRACT Judge Sonia Sotomayor’s controversial “wise Latina” comment embodies the view that law is socially constructed—that “we” make it and that it thus may vary according to who “we” are. Current theories of “popular constitutionalism,” “democratic constitutionalism,” and “demosprudence” take this several steps further and begin to explore the idea that the “we” that makes constitutional law is not just judges but society more broadly. These theories matter because they envision an active role for citizens in law creation, but …

An Act Of Resistence: Reconceptualizing Andrea Yates' Killing Of Her Children, Shelby A.D. Moore

Shelby A.D. Moore

The definition of domestic violence is broad and includes physical as well as psychological and sexual abuse. The legal system, however, gives considerably less attention to these latter forms of abuse. One reason for the relative neglect of these types of domestic abuse is the assumption that physical abuse causes more harm than do psychological and sexual abuse. In reality these forms of abuse may have a far greater impact on their victims. Apart from physical abuse, greater attention must be given to those who suffer on-going psychological and sexual abuse at the hand of a spouse or intimate partner. …

An Act Of Resistence: Reconceptualizing Andrea Yates' Killing Of Her Children, Shelby A.D. Moore

Shelby A.D. Moore

The definition of domestic violence is broad and includes physical as well as psychological and sexual abuse. The legal system, however, gives considerably less attention to these latter forms of abuse. One reason for the relative neglect of these types of domestic abuse is the assumption that physical abuse causes more harm than do psychological and sexual abuse. In reality these forms of abuse may have a far greater impact on their victims. Apart from physical abuse, greater attention must be given to those who suffer on-going psychological and sexual abuse at the hand of a spouse or intimate partner. …

An Act Of Resistence: Reconceptualizing Andrea Yates' Killing Of Her Children, Shelby A.D. Moore

Shelby A.D. Moore

The definition of domestic violence is broad and includes physical as well as psychological and sexual abuse. The legal system, however, gives considerably less attention to these latter forms of abuse. One reason for the relative neglect of these types of domestic abuse is the assumption that physical abuse causes more harm than do psychological and sexual abuse. In reality these forms of abuse may have a far greater impact on their victims. Apart from physical abuse, greater attention must be given to those who suffer on-going psychological and sexual abuse at the hand of a spouse or intimate partner. …

Body And Soul: Equality, Pregnancy, And The Unitary Right To Abortion, Jennifer S. Hendricks

Jennifer S. Hendricks

This Article explores equality-based arguments for abortion rights, revealing both their necessity and their pitfalls. It first uses the narrowness of the “health exception” to abortion regulations to show why equality arguments are needed—because our legal tradition's conception of liberty is based on male experience, and we have no theory of basic human rights grounded in women's reproductive experiences. Next, however, the Article shows that equality arguments, although necessary, can undermine women's reproductive freedom because they require that pregnancy and abortion be analogized to male experiences. The result is that equality arguments focus on either the bodily or the social …

The 'I' In Indigenous; Enforcing Individual Rights Guaranties In An Indigenous Group Rights Context, Rebecca Gross

Rebecca Gross

This article suggests that the international trend toward supporting legal autonomy from state control for indigenous communities under the guise of “self-determination,” as embodied in the recently enacted Declaration on the Rights of Indigenous Peoples, has created a manifest legal conflict within the body of international human rights laws between the rights of individuals and the new concept of collective group rights. The article highlights one indigenous woman’s recent struggle in Mexico to assert her right to participate in a local election contrary to her tribe’s customary law forbidding women to do so, in order to illustrate the potential human …

Her Last Words: Dying Declarations And Modern Confrontation Jurisprudence, Aviva A. Orenstein

Aviva A. Orenstein

Dying declarations have taken on increased importance since the Supreme Court indicated that even if testimonial, they may present a unique exception to its new confrontation jurisprudence. Starting with Crawford v. Washington in 2004, the Court has developed strict rules concerning the use of testimonial statements made by unavailable declarants. Generally, testimonial statements (those made with the expectation that they will be used to prosecute the accused) may be admitted only if they were previously subject to cross examination. The only exceptions appear to be dying declarations and forfeiture by wrongdoing if the accused intentionally rendered the declarant unavailable.

This …

The First Steps Toward Developing Leadership Programs For Women In The United Arab Emirates: A Survey Study Exploring The Transformation Of Emirati College Students, Susan R. Madsen

Susan R. Madsen

Developing effective leaders has become one of the most critical challenges for many organizations today, as strong, competent leadership often separates high-performing, successful organizations from less effective ones. In many countries research is being conducted to assist practitioners in designing successful leadership development programs for both men and women. However, in some countries, such as the United Arab Emirates (UAE), these efforts are only in their infancy, and leadership development for women is a new concept. Needless to say, there is no evidence of existing research on the development of women leaders in that country, and only a few indications …

From Lily Bart To The Boom Boom Room: How Wall Street’S Social And Cultural Response To Women Has Shaped Securities Regulation, Christine Sgarlata Chung

Christine Sgarlata Chung

In Edith Wharton’s 1905 novel House of Mirth, Lily Bart learns in one brutal moment what happens to women who get tangled up with the stock market. Though she is beautiful and well-born, Lily is vulnerable when she seeks salvation in the stock market – she has no family to support her, no fortune of her own, no training in business matters, and no socially acceptable means of acquiring money, save marriage. When the husband of a friend (Gus Treanor) offers to help Lily by speculating in the stock market, Lily agrees. And when Treanor begins presenting Lily with money, …

Restructuring The Labor Market To Democratize The Public Forum, Jessica A. Knouse

Jessica A. Knouse

Restructuring the Labor Market to Democratize the Public Forum makes the provocative argument that the identities we construct in the labor market prevent us from creating a democratic public forum. The labor market, where we spend most of our time as adults, wields tremendous influence over our identities, yet its influences are deeply undemocratic. Employers work to create hierarchy and ideological conformity – through many mechanisms, including sex-based pay scales and stereotypes – rather than to promote equality and ideological diversity. When employer-created hierarchies and ideologies are internalized and reproduced within the public forum, they diminish the possibility of democratic …

From Lily Bart To The Boom Boom Room: How Wall Street’S Social And Cultural Response To Women Has Shaped Securities Regulation, Christine Sgarlata Chung

Christine Sgarlata Chung

In Edith Wharton’s 1905 novel House of Mirth, Lily Bart learns in one brutal moment what happens to women who get tangled up with the stock market. Though she is beautiful and well-born, Lily is vulnerable when she seeks salvation in the stock market – she has no family to support her, no fortune of her own, no training in business matters, and no socially acceptable means of acquiring money, save marriage. When the husband of a friend (Gus Treanor) offers to help Lily by speculating in the stock market, Lily agrees. And when Treanor begins presenting Lily with money, …

From Lily Bart To The Boom Boom Room: How Wall Street’S Social And Cultural Response To Women Has Shaped Securities Regulation, Christine Sgarlata Chung

Christine Sgarlata Chung

In Edith Wharton’s 1905 novel House of Mirth, Lily Bart learns in one brutal moment what happens to women who get tangled up with the stock market. Though she is beautiful and well-born, Lily is vulnerable when she seeks salvation in the stock market – she has no family to support her, no fortune of her own, no training in business matters, and no socially acceptable means of acquiring money, save marriage. When the husband of a friend (Gus Treanor) offers to help Lily by speculating in the stock market, Lily agrees. And when Treanor begins presenting Lily with money, …

All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.

An Act Of Resistence: Reconceptualizing Andrea Yates' Killing Of Her Children, Shelby A.D. Moore

Shelby A.D. Moore

Abstract The definition of domestic violence is broad and includes physical as well as psychological and sexual abuse. The legal system, however, gives considerably less attention to these latter forms of abuse. One reason for the relative neglect of these types of domestic abuse is the assumption that physical abuse causes more harm than do psychological and sexual abuse. In reality these forms of abuse may have a far greater impact on their victims. Apart from physical abuse, greater attention must be given to those who suffer on-going psychological and sexual abuse at the hand of a spouse or intimate …

Piercing The Veil: Using Microfinance Initiatives To Promote Female Entrepreneurship In Muslim Countries, Patrick F. Madden

Patrick F. Madden

This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary banking laws. By promoting female entrepreneurship, microfinance initiatives are, perhaps, the most effective means of achieving the Millennium Development goal of gender equality without upsetting the Islamic governments or the prospective borrowers.

Gender Inequalities In Buha (Kigoma) And The Role Of Gender Mainstreaming To Alliviate Them, Conrad John Masabo Mr.

Conrad John Masabo Mr.

Gender issues and debates on gender are ever growing to dominate the local and international politics, law, economy and social policies. The debate are hot and even now penetrating to the formerly spheres that were for quite long left un-penetrated such as those structures of religion. Gender can be defined as the social determined roles and relations between males and females. In this regard, these social constructed roles and relations have resulted into tremendous gender inequalities that need to be addressed anew with a different methodology or strategy. They call for critical and purposely attention from anyone who hopes to …

Pliny's Women: Constructing Virtue And Creating Identity In The Roman World, Jacqueline Carlon

Jacqueline Carlon

Pliny's Women offers a comprehensive consideration of the many women who appear in the letters of Pliny the Younger. Combining detailed prosopography with close literary analysis, Jacqueline Carlon examines the identities of the women whom Pliny includes and how they and the men with whom they are associated contribute both to this presentation of exemplary Romans and particularly to his own self-promotion. Virtually all of the named women in Pliny's nine-book corpus are considered. They form six distinct groups: those associated with opposition to the principate; the family of Pliny's mentor, Corellius Rufus; his own family members; women involved in …

Fulfilling Technology's Promise: Enforcing The Rights Of Women Caught In The Global High-Tech Underclass, Shruti Rana

Shruti Rana

In the early 1980s, Malaysian women working in electronics factories began to experience hallucinations and seizures. Factory bosses manipulated their employees' religious and cultural beliefs, convincing the women that their bodies were inhabited by demons. In this manner, they avoided confronting the more likely causes: the rigid, paternalistic work environment, the intense production pressures placed on the women, and the lengthy shifts and potentially hazardous conditions that the women were forced to endure. This example illustrates the use of gender, religion, and to control and exploit women's labor in the high-tech industry. Unfortunately, this is not an isolated situation. This …

Using The Worldly Leadership Lens To Approach The Task Of Developing Women Leaders, Susan R. Madsen

Susan R. Madsen

The rate at which globalization has occurred in all types of businesses and organizations has forced researchers and practitioners into considering new paradigms of leadership (Robinson & Harvey, 2008). In fact, Muczyk and Holt (2008) reported that 85% of Fortune 500 executives say that their firms do not currently have enough competent individuals to lead effectively in this kind of global environment. Most (e.g., Livers, 2007) agree that leading globally requires a fundamental shift in terms of thinking and behavior, but to date most researchers and practitioners are focusing their efforts on understanding and developing clearly defined skill set or …

Feminism, Globalism, And Leadership: How Women Make A "Worldly" World, Susan R. Madsen, Scott C. Hammond, Jory Jensen

Susan R. Madsen

The influx of women into leadership, management, and idea leader roles is clearly one of the significant aspects of globalization over the last 50 years. While women are still underrepresented in global business and politics, their influence on reconceptualizing leadership models is undeniable. While it would be difficult to precisely determine a “feminist” perspective on leadership, idea leaders such as Mary Parker Follett, Rosabeth Kanter and Margaret Wheatley have influenced the concept and practice of leadership beyond any gender construct. The unique themes within their work are present in the global dialogue that is reframing how everyone thinks of leadership. …

Hollow Promises For Pregnant Students – How The Regulations Governing Title Ix Fail To Protect Them From Discrimination In School, Kendra H. Fershee

Kendra H Fershee

This Article describes the unequal treatment of pregnant students historically in American public school historically and how the regulations implementing Title IX are too weak to ensure that the historical discrimination cease, despite the prohibitions on discriminatory practices. This Article explains the historical reasons for the discrimination, Congress’s attempt to remedy the discrimination through Title IX and its implementing regulations, and the failure of the regulations to meet the regulatory goals of school access, choice, and quality. The Article continues to make concrete suggestions, with specific language recommendations, for changes in the current Title IX regulations with respect to pregnancy. …

Women's Rights: The Possible Impact Of Private Military And Security Companies, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. While international humanitarian law (IHL) has dedicated or ‘special’ provisions for women, feminist legal scholars have done much to exposed the gendered nature of this branch of international law. In recent decades, the United Nations’ campaign of mainstreaming of women’s issues has impacted significantly on relevant human rights law (HR Law), and the International Committee of the Red Cross (ICRC) has actively sought to investigated and address women’s concerns. However, …

Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann Mcginley

Ann McGinley

This article analyzes the application of employment discrimination law to sexual minorities – lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws’ treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities.While the article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts’ binary view of sex and gender, a view that identifies men …