Law Commons^™

Pink Hats And Black Fists: The Role Of Women In The Black Lives Matter Movement, Jessica Watters

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

No abstract provided.

Zika, Feminism, And The Failures Of Health Policy, Johanna Bond

Washington and Lee Law Review Online

The Zika epidemic caused serious concerns about fetal health throughout Latin America and some southern states in the United States. The prevailing governmental response throughout the region continues to emphasize two disease control factors: pregnancy delay and mosquito abatement. This essay argues that the current health policy approach of the World Health Organization, the Centers for Disease Control, and various national governments fails in three primary ways. First, the approach does not adequately consider the intersection of gender and poverty; thus, the current policy fails to respond to the needs of women living in poverty. Second, the health policy response …

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

Cornell Law Faculty Publications

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the "burkini" on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally …

A Relational Feminist Approach To Conflict Of Laws, Roxana Banu

Michigan Journal of Gender & Law

Feminist writers have long engaged in critiques of private law. Surrogacy contracts or the “reasonable man” standard in torts, for example, have long been the subjects of thorough feminist analysis and critique. When private law issues touch on more than one jurisdiction, Conflict of Laws is the doctrine that determines which jurisdiction can try the case and—as separate questions—which jurisdiction’s law should apply and under what conditions a foreign judgment can be recognized and enforced. Yet, there are virtually no feminist perspectives on Conflict of Laws (also known as Private International Law). This is still more surprising when one considers …

Not Mine Alone, Nor Mine To Own: Some Reflections On The Young Girl, Jacqueline Mabey

Journal of Feminist Scholarship

This essay looks at the role of the young girl in the curatorial practice of Jacqueline Mabey. Mabey reckons with the young girl as the signifier of a spectrum of mutable cultural signifieds and young girls as subjects on their own terms in the two exhibitions under review, Miss World and Utopia Is No Place, Utopia Is Process. In doing so, she recognizes a shift in motivations from an interest in what the young girls mean as a narcissistic reflection to how she could work in service of the development of young girls.

Más Rudas Collective, 2009-2016 (An Archival Epilogue To An Epic Pachanga), Josh T. Franco

Journal of Feminist Scholarship

Contemporary artists Más Rudas Collective (MRC) were active in San Antonio, Texas, from 2009 to 2016. This essay looks to primary source documents from preceding decades and keystone exhibitions of Chicana/o art to articulate MRC’s position in a network of art production and curatorial activity that takes Chicana/o identity as a conceptual framework and/or departure point. Specific examples of MRC members’ reappropriations of Mexican, Mexican American, and Chicana/o cultural elements are analyzed and considered as “weaponizations” against cultures of body shaming and misogyny. Their approach is compared to that of other artists and curators in order to highlight the variety …

Nonconsensual Collaborations, 2012-Present: Notes On A Shared Condition, Aliza Shvarts

Journal of Feminist Scholarship

"Nonconsensual Collaborations, 2012-present: Notes on a Shared Condition" is an extended performance text. It investigates the unmarked gendered dynamics of artistic collaboration, documenting a series of “nonconsensual collaborations”—that is, performances with other artists who did not agree to their participation. Presented here as written narratives, these nonconsensual collaborations frame everyday occurrences of violation, erasure, and misrecognition, exploring how discourses of consent arise from the raced and gendered histories of property relations. They call into question the politics of representation, the status of the document, the formation of evidentiary truth, and the interpenetration of sexual and aesthetic economies. These nonconsensual collaborations …

University Of Baltimore School Of Law Center On Applied Feminism's 9th Annual Feminist Legal Theory Conference On Applied Feminism Today: Keynote Speaker Judge Nancy Gertner, Former United States Federal Judge For The United States District Court For The District Of Massachusetts, Nancy Gertner

University of Baltimore Law Review

Below is a transcription of the keynote speech from the University of Baltimore School of Law Center on Applied Feminism’s 9th Annual Feminist Legal Theory Conference: Applied Feminism Today. Judge Nancy Gertner, former United States Federal Judge for the United States District Court for the District of Massachusetts, gave the keynote speech on March 4, 2016.

I was on the bench for seventeen years, and I intend to write about that experience. The problem is that while my memoir was funny, this book—on judging—is not. In my memoir, I describe the fact that the only way I could face the …

The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh

University of Baltimore Law Review

More than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a military, …

Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards

Scholarly Works

On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.

The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …

Using Feminist Theory To Advance Equal Justice Under Law, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This essay provides an overview of the purposes, themes and scholarly methodologies evidenced at the October 2016 conference, The U.S. Feminist Judgments Project: Writing the Law, Rewriting the Future, a two-day conference hosted by the Center for Constitutional Law at the University of Akron School of Law. This essay provides some of the background to the development of the path-breaking book, Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Cambridge University Press, 2016). It also focuses attention on the importance of diversity on the bench, with a particular need for judges who understand or experience the intersecting relationships …

Fathers And Feminism: The Case Against Genetic Entitlement, Jennifer S. Hendricks

Publications

This Article makes the case against a nascent consensus among feminist and other progressive scholars about men's parental rights. Most progressive proposals to reform parentage law focus on making it easier for men to assert parental rights, especially when they are not married to the mother of the child. These proposals may seek, for example, to require the state to make more extensive efforts to locate biological fathers, to require pregnant women to notify men of their impending paternity, or to require new mothers to give biological fathers access to infants.

These proposals disregard the mother's existing parental rights and …

Feminism And Economic Inequality, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.