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Articles 1 - 30 of 61
Full-Text Articles in Law
Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian
Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian
Articles in Law Reviews & Other Academic Journals
The Supreme Court appears poised to overrule fifty years of precedent holding that pre-viability prohibitions on abortion are unconstitutional. In a leaked draft opinion of Dobbs v. Jackson Women Health Organization, Justice Alito proclaims that Roe v. Wade and Planned Parenthood v. Casey must be overruled and abortion left to the states to regulate. During oral argument in Dobbs, Justice Kavanaugh suggested that overturning Roe would return the Court to a postion of "neutrality" on abortion. Justice Kavanaugh's assertion falls in line with claims by anti-abortion jurists that reversing Roe would simplify abortion law by returning the issue to the …
The Statelessness Of The Children Of North Korean Women Defectors In China, Chae Mims
The Statelessness Of The Children Of North Korean Women Defectors In China, Chae Mims
Human Rights Brief
No abstract provided.
Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke
Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Articles in Law Reviews & Other Academic Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
Privatizing Bars On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian
Privatizing Bars On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian
Articles in Law Reviews & Other Academic Journals
State governments have devised a new means to evade the Constitution. Their new means is to enact tort statutes that, in effect, ban constitutionally protected conduct. In particular, some states have made the provision of an abortion a tort for which there can be no defense and no cap on the amount of liability. These states have made performing an abortion essentially illegal. Yet, because tort statutes are enforced through private litigation, rather than public prosecution, a number of courts have held that they lack jurisdiction to review these laws. Federal courts have concluded that standing doctrine and state sovereign …
The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika
The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Debunking The Myth Of Universal Male Privilege, Jamie Abrams
Debunking The Myth Of Universal Male Privilege, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …
Increasing Women’S Political Participation In Lebanon: Reflections On Hurdles, Opportunities, And Hope, Camille Nelson, Zeina Chemali, Tanya Henderson
Increasing Women’S Political Participation In Lebanon: Reflections On Hurdles, Opportunities, And Hope, Camille Nelson, Zeina Chemali, Tanya Henderson
Articles in Law Reviews & Other Academic Journals
Lebanon stands out in the Middle East for its relative political openness, religious freedom, and the academic and professional achievements of Lebanese women. Yet, paradoxically, it has one of the lowest rates of women's political participation in the region. This paper is the result of an initiative undertaken by the Lebanese government in July 2012 to increase women's political participation. Through this initiative, sex-segregated workshops on women's political empowerment were held for male and female representatives of Lebanon's political parties. The goal was to start a productive conversation that would ultimately lead to progress from the 2012 status quo of …
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson
Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Yes, Virginia, There Are Stupid Questions, David Spratt
Yes, Virginia, There Are Stupid Questions, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …
Advocating For Equality, Stephen Wermiel
Advocating For Equality, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis
Project on Addressing Prison Rape - Articles
This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
Women And Jurisprudence, Ma. Elodia Robles Sotomayor
Women And Jurisprudence, Ma. Elodia Robles Sotomayor
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral
“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda
The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Opuz V. Turkey: Europe's Landmark Judgment On Violence Against Women, Tarik Abdel-Monem
Human Rights Brief
No abstract provided.
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
Project on Addressing Prison Rape - Articles
This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.
Sanctioned Abuses: The Case Of Migrant Domestic Workers, Nisha Varia
Sanctioned Abuses: The Case Of Migrant Domestic Workers, Nisha Varia
Human Rights Brief
No abstract provided.