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Full-Text Articles in Law

Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas May 2018

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.


The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White May 2018

The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld Mar 2018

The Icc Policy Paper On Sexual And Gender-Based Crimes: A Crucial Step For International Criminal Law, Valerie Oosterveld

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis Mar 2018

Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg Mar 2018

The Hard Truth About The Penile Plethysmograph: Gender Disparity And The Untenable Standard In The Fourth Circuit, Lindsay Blumberg

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Into The Gray Zone: Examining Mutual Combat As A Defense To Domestic Assault, Kristi A. Breyfogle Mar 2018

Into The Gray Zone: Examining Mutual Combat As A Defense To Domestic Assault, Kristi A. Breyfogle

William & Mary Journal of Race, Gender, and Social Justice

For offenses committed under Virginia’s assault and battery against a household or family member statute, the State should prosecute and punish in cases where both parties committed an assault and battery. Punishment, however, should consist of mainly individualized counseling or some other mitigated punishment for cases of mutual fighting.


Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid Mar 2018

Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid

William & Mary Journal of Race, Gender, and Social Justice

This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.


The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera Mar 2018

The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Sex, Drugs, Trump And Birth Control, Desire’E Martinelli Jan 2018

Sex, Drugs, Trump And Birth Control, Desire’E Martinelli

William & Mary Journal of Race, Gender, and Social Justice

This Article explores both medical and legal reasons as to why OTC access to contraception is needed and justified. It also applies current changes in the government and discusses how the repeal of the Affordable Care Act (ACA) could substantially affect birth control. Alternative and traditional options are presented and analyzed to determine their viability.


The Next Forty Presidents, Ori Aronson Jan 2018

The Next Forty Presidents, Ori Aronson

William & Mary Journal of Race, Gender, and Social Justice

A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women alone—rather to the electorate as a whole. Due to several of its unique characteristics, the presidency turns out to be particularly fitting to innovation that would correct past injustices of political exclusion. Corrective justice, affirmative action, feminist critique, voter autonomy, and the democratic costs of identity politics …


Pornography And Gender Inequality—Using Copyright Law As A Step Forward, Kayla Louis Jan 2018

Pornography And Gender Inequality—Using Copyright Law As A Step Forward, Kayla Louis

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Ménage À What? The Fundamental Right To Plural Marriage, Renuka Santhanagopalan Jan 2018

Ménage À What? The Fundamental Right To Plural Marriage, Renuka Santhanagopalan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth Jan 2018

Bringing Up Baby Under The Fmla: How The Federal Unpaid Maternity Leave System In The United States Will Not Carry To Term, Samantha Jean Quan Forsyth

William & Mary Journal of Race, Gender, and Social Justice

This Note will examine current maternity leave laws both within the United States and internationally, and argues that there are major issues with the existing federal law in the United States that render such legislation ineffective. This Note will further argue that because paid maternity leave remains almost exclusively as a benefit employers can choose to provide, the federal government should not only adopt a paid maternity leave program, but also ensure that it is broader and more encompassing than current legislation.


Little Sisters’ Sorrow: Conversations About Contraception And Reproductive Justice, Katrina Roze Myers Jan 2018

Little Sisters’ Sorrow: Conversations About Contraception And Reproductive Justice, Katrina Roze Myers

William & Mary Journal of Race, Gender, and Social Justice

In light of recent political changes in the United States, the future of women’s health care has never been so uncertain. Using the debate on contraception access in the United States to frame the discussion, I demonstrate how religious groups and reproductive justice (RJ) activists might engage in constructive dialogue to protect women’s rights. I analyze the amicus briefs submitted on behalf of Catholic nuns and the government in Zubik v. Burwell, which illustrate that despite differences, RJ advocates and Catholic nuns have much in common—including a commitment to eradicate sex discrimination, ensure economic freedom, and protect women’s health. I …