Law Commons^™

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …

Getting To Yes: The Makings Of Paid Leave In Massachusetts, Christa Kelleher, Laurie Nsiah-Jefferson, Priyanka Kabir, Lillian Hunter, Cassandra M. Porter, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Considered one of the strongest paid family and medical leave laws in the nation, the paid leave law adopted in Massachusetts in 2018 was notable for the depth and range of robust caregiving supports and protections for workers. But just as notable is how the law came to be. After all, paid leave bills had been filed for years in Massachusetts. Decades in fact. Yet until 2018, there had been limited movement in the legislature to establish a statewide program. What led to the passage of paid leave legislation in Massachusetts with approval from a Republican Governor? What factors influenced …

Theory Matters—And Ten More Things I Learned From Martha Chamallas About Feminism, Law, And Gender, Deborah L. Brake

Articles

This Festschrift article celebrates the scholarship of Martha Chamallas, Distinguished University Professor and Robert J. Lynn Chair in Law Emeritus of the Ohio State University Moritz College of Law, and one of the most impactful scholars of feminist legal theory and employment discrimination of her generation. Mining the insights of Chamallas’s body of work, the article identifies ten core “lessons” relating to feminism and law drawn from her scholarship and academic career. It then weaves in summaries and synthesis of her published works with discussion of subsequent legal and social developments since their publication. These lessons (e.g., feminism is plural; …

"Better Too Much Than Not Enough": Women Of Color On The Federal Bench, Laura Moyer, Rorie Spill Solberg, Allison Harris

Faculty Scholarship

It is well established that the federal judiciary has been an overwhelmingly White and male institution since its creation and continues to be so today. Even as presidents of both parties have looked to diversify their judicial nominees, this has tended to result in the appointment of White women and men of color rather than women of color. Using data on the confirmed federal district and circuit court judges from presidents Clinton through Trump, we assess how the backgrounds of women of color nominated to the federal judiciary compare with those of other appointees. The results indicate that, compared to …

Gender Unfreedom: Gender Diverse Perspectives From Digital India, Sara Bardhan

Journal of Feminist Scholarship

No abstract provided.

Domestic Violence In Immigrant Communities: Case Studies (Hindi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Hindi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Addressing The Harms Of Pornography, Gillian Allison

Honors Theses

Within this paper I look at the existing philosophical work on pornography, from scholars like Catherine MacKinnon, Ronald Dworkin, and Rae Langton to show the current state of the pornography debate that I intend to enter by presenting my own argument about the morality of pornography. I argue that while pornography is harmful, these harms are best resolved through increased sexual education and the popularization and production of more inclusive pornography. The harms pornography causes are so great because pornography is where a lot of people learn about sex. Pornography was never designed to depict an average sexual experience. If …

Through The Eyes Of Lawyers And Advocates: Navigating The Court System For Women Impacted By Domestic Violence In Morocco, Emily Atieh

Independent Study Project (ISP) Collection

How do Moroccan women impacted by domestic violence navigate criminal legal systems in Morocco? Is the progressive family law present in Morocco due to recent reforms fully implemented in court systems? How can systems be improved to better support women impacted by violence? This study originally sought to answer these questions by surveying lawyers at NGOs in the Rabat area who act as advocates for women impacted by domestic violence. As a result of their expansive knowledge of criminal legal systems and experiences aiding hundreds of women, lawyers are in a unique position to critique the criminal legal system and …

Domestic Violence In Immigrant Communities: Case Studies (Brazilian Portuguese), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Brazilian Portuguese so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the …

Domestic Violence In Immigrant Communities: Case Studies (Punjabi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Punjabi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Oral Testimonies Of Female Emigrants From Northern Ireland: Finding The The Universal And Unique Stories Of Migration, Lisa Ahmed

Sustainability and Social Justice

The purpose of this paper is to add a nuanced understanding to the study of women and migration. By using oral testimonies to conduct this narrative research study I was able to add to growing body of knowledge on women and migration. This study focused on women who arrived in the United States from Northern Ireland, for family the migration process started in Germany. The terms migration, emigration and immigration are used in the paper to describe people in movement within and across national borders. This narrative illustrates some of the consequences when nation states use their power to facilitate …

Not That Bad: Lessons Women Learn In A Rape Culture, Sydney J. Selman

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

In 2018, Roxane Gay assembled an anthology that addresses the severity of rape culture, rejecting the common belief that some sexually violent acts, compared to others, are not that bad. This collection, titled Not That Bad: Dispatches from Rape Culture, compiles pieces from thirty different authors and sheds light on how the notion of not that bad contributes to a broader structural social problem involving sexual violence. This social problem, known as rape culture, is commonly defined as a culture that normalizes sexual violence and blames victims of sexual assault (“What is Rape Culture?”). In other words, rape …

Explaining Reproductive Health Disparities: Violence In The “Colorblind” Institution Of Medicine, Chineze Osakwe

Honors Scholar Theses

Medical policies have resulted in violence that has a formal role in regulating the reproductive rights of women of African descent in the United States from the Jim Crow era (circa 1965) to present day (2021), resulting in significantly racialized reproductive health disparities regardless of social or economic influences. This thesis explores why reproductive violence against African-American women persists, regardless of women’s own class and educational background. I have focused on the potential impact of two structural components that I hypothesized contributed to the perpetuation of reproductive violence against Black women and persistent health disparities. The two factors explored in …

"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati

Women's History Theses

This thesis investigates the role of gender violence and sexual terror in westward settler expansion of the United States in the nineteenth century. I posit that gender violence was not simply a symptom of war and colonization, but an integral piece of the American colonization strategy. Using studies of three locations during three different periods, I have found that the local, territorial, state, and federal governments all actively deployed sexual assault and other forms of gendered terror as methods of removing Indigenous peoples to reservations and rancherías, opening their lands to settlement and resource exploitation for the purpose of acquiring …

The Aftermath Of Sexual Assault: Creating The "I Am More Than My Experience" Workbook, Isabella Chung

Calvert Undergraduate Research Awards

The following thesis includes a literature review of the immediate and long-term effects of sexual assault on victims in regards to their physical, mental, and emotional health and romantic relationships, followed by a proposed workbook for sexual assault victims/survivors. Being that typical responses immediately after an assault are fear, disbelief, and activation of the sympathetic nervous system, it is to no surprise that long term issues of depression, anxiety, and Posttraumatic Stress Disorder (PTSD) often arise as well. Thus, a workbook was created with the intention of educating readers about sexual assault and helping victims/survivors to heal from the trauma …

Domestic Violence In Immigrant Communities: Case Studies (Arabic), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Book

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Arabic so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …

Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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 …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel

Capstone Showcase

Alarmingly, the female murder rate in South Africa is five times the global average (BBC News 2019). According to data from 2017 and 2018, a woman is murdered every four hours in South Africa (Wilkinson 2019). More than 30 women were killed by their spouses in August 2019, and at least 137 sexual offenses are committed per day in South Africa (Francke 2019).

For this thesis, and in order to understand why South Africa has some of the highest rates of violence against women in the world, I consult a number of scholars who conclude that the overall issue of …

The Changing Landscape Of Women’S Rights Activism In China: The Continued Legacy Of The Beijing Conference, Rangita De Silva De Alwis, Katherine A. Schroeder

All Faculty Scholarship

The Beijing Conference was a watershed moment in the history of the global women’s movement and had an unprecedented impact in the Global North and South on lawmaking, institution building, and movement building. This Article details the development of women’s activism in China since the Beijing Conference and how a changing legal landscape impacts this activism. While its progress is emblematic of the inconsistencies in the progression of women’s rights activism since the Beijing Conference, China’s efforts have been significant and varied and represent a model for other countries seeking to reform women’s rights legislation. This Article identifies important lines …

“Time Is A-Wasting”: Making The Case For Cedaw Ratification By The United States, Rangita De Silva De Alwis, Melanne Verveer

All Faculty Scholarship

Since President Carter signed the Convention for the Elimination of All Forms of Discrimination Against Women (the “CEDAW” or the “Convention”) on July 17, 1980, the United States has failed to ratify the Convention time and again. As one of only a handful of countries that has not ratified the CEDAW, the United States is in the same company as Sudan, Somalia, Iran, Tonga, and Palau. When CEDAW ratification stalled yet again in 2002, then-Senator Joseph Biden lamented that “[t]ime is a-wasting.”

Writing in 2002, Harold Koh, former Assistant Secretary of State for Democracy, Human Rights, and Labor, bemoaned America’s …

Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis

All Faculty Scholarship

In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …

Women Leaders And Policy Compliance During A Public Health Crisis, Nichole M. Bauer, Jeong Hyun Kim, Yesola Kweon

Faculty Publications

How does the gender of a political leader affect policy compliance of the public during a public health crisis? State and national leaders have taken a variety of policy measures to combat the COVID-19 pandemic, with varying levels of success. While many female leaders have been credited with containing the spread of COVID-19, often through implementing strict policy measures, there is little understanding of how individuals respond to public health policy recommendations made by female and male leaders. This article investigates whether citizens are more willing to comply with strict policy recommendations about a public health issue when those recommendations …

I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson

Department of Justice Studies Faculty Scholarship and Creative Works

Black women are increasingly targets of mass incarceration and reentry. Black feminist writers call attention to scholars’ need to intersectionalize analyses around how Black women interface with state systems and social institutions. This study foregrounds narratives from Black women to understand their plight while navigating reentry through a phenomenological approach. Through semi-structured interviews, narratives are analyzed using critical frameworks that authentically unearths the lived realities of participants. Themes reveal that for Black mothers, reentry can be just as criminalizing as engaging crime itself. These women face dire consequences around their mothering that induce them into tremendous bouts of trauma. Existing …

On The Basis Of Sex: Personal Status Law Reforms And Economic Growth, Kylie Bring

Honors Theses

The purpose of this thesis is to analyze how law reform toward gender equity has an impact on economic growth in Arab countries in the Middle East. Personal status law reform granting women economic, social, and personal freedoms is spreading across the region and showing substantial change. Using case studies of major PSL reforms in Tunisia and Morocco, this thesis outlines qualitative and quantitative evidence to support the case that gender equity benefits the economic growth of the given country.

Law School News: Bright Anniversaries In Uncertain Times 10/06/2020, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko

Genocide Studies and Prevention: An International Journal

Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, …

Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.