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Articles 1 - 30 of 40
Full-Text Articles in Law
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights, Songo Wawa
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights, Songo Wawa
University of the District of Columbia Law Review
Justice Ruth Bader Ginsburg’s advocacy for gender equity, evidenced by her nationally famous dissents, began long before her 27 years on the Supreme Court. Prior to becoming a Supreme Court Justice, Attorney Ginsburg’s early experiences of gender inequity led to her advocacy for women’s rights as a law professor and as co-founder of the American Civil Liberties Union’s Women’s Rights Project. 1 Attorney Ginsburg’s legal strategy encompassed her pragmatic approach to voicing her opinions about gender equality. 2 In Gonzales v. Carhart, both her dissent announcement and written dissent demonstrated Justice Ginsburg’s commitment to women’s reproductive autonomy.3 Without Justice Ginsburg’s …
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Papers, Posters, and Presentations
In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.
Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
Consent In Marriage: A Radical Feminist Analysis Of Pakistani Law, Iqra Saleem Khan
William & Mary Journal of Race, Gender, and Social Justice
In Abdul Kadir v. Salima, Mahmood J summarised the nature of a Pakistani wife’s duties under Islamic Law. The nikkah contract “imposes submission on the wife when summoned to the couch and confers on him the power of correction when she is disobedient or rebellious.” Earlier, a similar pronouncement was made across the ocean in the United Kingdom by Sir Matthew Hale that through the marriage contract the “wife hath given herself to the husband, consent of which she cannot retract.” Marital rape was later recognised as an offence in the UK by the House of Lords in R …
Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone
Book Review Of Law, Gender And Injustice: A Legal History Of U.S. Women, Linda A. Malone
Linda A. Malone
No abstract provided.
Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie
Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie
Speeches & Presentations
On June 4, 2019, Benjamin N. Cardozo School of Law launched Women's Votes, Women's Voices: The 19th Amendment at 100. Women's Votes, Women's Voices is a year of celebration and scholarly discussion marking one hundred years of the 19th Amendment, which prohibited states from denying citizens the right to vote on the basis of sex, though not all women would have the same ability to vote or to make their voices heard. Bookended by the anniversaries of the passage of the amendment in June 1919 and its ratification in August 1920, #19at100 will commemorate these historical milestones with interactive …
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
William & Mary Journal of Race, Gender, and Social Justice
Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.
Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler
Some Form Of Punishment: Penalizing Women For Abortion, Mary Ziegler
William & Mary Bill of Rights Journal
In 2016, Donald Trump ignited a political firestorm when he suggested that women should be punished for having abortions. Although he backtracked, Trump’s misstep launched a debate about whether women have been or should be punished for having abortions. At the same time, Trump’s comments revealed that punishing women has become far more than an abstraction. In 2016, Indiana resident Purvi Patel became just the most recent visible example when she was sentenced to twenty years for feticide and child neglect for inducing an abortion.
But in spite of the furor created by Trump’s comment and Patel’s conviction, the history …
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Articles, Book Chapters, & Popular Press
Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.
On Griswold And Women's Equality, Vivian E. Hamilton
On Griswold And Women's Equality, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner
William & Mary Bill of Rights Journal
No abstract provided.
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer
William & Mary Bill of Rights Journal
This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort
William & Mary Bill of Rights Journal
No abstract provided.
African Customary Law, Customs, And Women's Rights, Muna Ndulo
African Customary Law, Customs, And Women's Rights, Muna Ndulo
Muna B Ndulo
The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is …
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
William & Mary Journal of Race, Gender, and Social Justice
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …
Gen Ms 29 Harriet P. Henry Papers Finding Aid, Elizabeth Sistare
Gen Ms 29 Harriet P. Henry Papers Finding Aid, Elizabeth Sistare
Search the General Manuscript Collection Finding Aids
Description:
Harriet Putnam Henry became Maine’s first woman judge in 1973. Her expertise was in marine law and coastal management. She also has an extensive civil service record, including advocacy for women judges and work with child abuse and child welfare. She was active with the Maine Humanities Council, where the Harriet P. Henry Center for the Book was named in her honor. The Papers consist of publications and writings of Henry and others.
Date Range:
ca. 1941-1995
Size of Collection:
0.75 ft
Reproductive Injustice In The New Millennium, Sybil Shainwald
Reproductive Injustice In The New Millennium, Sybil Shainwald
William & Mary Journal of Race, Gender, and Social Justice
A reexamination of the history of abortion law in the United States is essential to an understanding of recent changes. Part I of this Article will provide a synopsis of the early Anglo-American view of abortion at common law, the early anti-abortion statutes, and the state of abortion during the early twentieth century. Part II will discuss the liberalization of abortion laws, as well as the ways in which the law pertaining to a woman’s right to choose has evolved since 1973. Finally, Part III will analyze the constitutionality of the current wave of restrictions.
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
True Feminism: Identifying The Real Threats To Women, Cynthia Noland Dunbar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman
Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse
The Creation Of An Undue Burden: Arizona House Bill 2036 And State Abortion Regulations Post-Casey, Michael A. Althouse
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Human Rights Violations Against Women, Laurel Fletcher, Allyn Taylor, Joan Fitzpatrick
Human Rights Violations Against Women, Laurel Fletcher, Allyn Taylor, Joan Fitzpatrick
Laurel E. Fletcher
No abstract provided.
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
The Human Rights Of Women In The Hong Kong Special Administration Region, Puja Kapai
William & Mary Journal of Race, Gender, and Social Justice
Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women.
African Customary Law, Customs, And Women's Rights, Muna Ndulo
African Customary Law, Customs, And Women's Rights, Muna Ndulo
Indiana Journal of Global Legal Studies
The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is …
State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon
State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon
Indiana Journal of Global Legal Studies
Examining cross-national variation in family law, we find that many countries have reformed to promote sex equality. Yet a significant group retains older laws that discriminate against women. These variations reflect the diverse institutional legacies of these societies, conforming closely-but not entirely-to inherited legal traditions: civil law, common law, and postsocialist countries are the most egalitarian, while countries applying religious law are the least. Yet change is possible, even in unlikely contexts. Political conjunctures that disarm religious, nationalist, and fundamentalist opponents can open windows of opportunity for liberalizing reform.
Human Rights and Legal Systems Across the Global South, Symposium, Indiana …
United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua
United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua
Human Rights Brief
No abstract provided.
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
First, Do No Harm: Response To “If You Prick Me”, Patricia A. Broussard
Journal Publications
Brianna Lennon makes several cogent and persuasive arguments about Female Genital Mutilation (“FGM”) in her recently published Student Note entitled, If You Prick Me: The American Academy of Pediatrics’ Female Genital Cutting Policy Turnabout. She successfully articulates why she believes that by prohibiting FGM, opponents are in effect reinforcing it as a tie to the former culture or country. However, although Ms. Lennon makes some sound points, she overlooks and thereby, fails to answer the most obvious question which is, who owns a woman’s body? If one reaches the conclusion that a woman owns her body, then the logical extension …
Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins
Faculty Scholarship
In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce. Applying Professor Nussbaum's capabilities …
Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan
Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan
Nevada Law Journal
No abstract provided.
Banding Together: Reflections Of The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Daniela Kraiem, Jamie Rene Abrams
Banding Together: Reflections Of The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Daniela Kraiem, Jamie Rene Abrams
Articles in Law Reviews & Other Academic Journals
No abstract provided.