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Full-Text Articles in Law

Interjurisdictional Abortion Wars In The Post-Roe Era, Maya Manian May 2022

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 Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson Jan 2018

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 Jan 2017

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 …


Debunking The Myth Of Universal Male Privilege, Jamie Abrams Jan 2016

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 Jan 2015

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 …


Yes, Virginia, There Are Stupid Questions, David Spratt Jan 2015

Yes, Virginia, There Are Stupid Questions, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams Oct 2014

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 Jan 2013

Advocating For Equality, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2011

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2010

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 Jan 2009

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.


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Jan 2008

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 …


Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle Jan 2006

Acknowledging Informal Power Dynamics In The Workplace: A Proposal For Further Development Of The Vicarious Liability Doctrine In Hostile Environment Sexual Harassment Cases, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Why Care About The History Of Women In The Legal Profession, Mary Clark Jan 2006

Why Care About The History Of Women In The Legal Profession, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Women As Supreme Court Advocates, 1879-1979, Mary Clark Jan 2005

Women As Supreme Court Advocates, 1879-1979, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark Jan 2004

One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer Jan 2004

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …


Inter-American System, Diego Rodriguez-Pinzon Jan 2003

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark Jan 2002

Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle Jan 2002

Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark Jan 2002

Changing The Face Of The Law: How Women's Advocacy Groups Put Women On The Federal Judicial Appointments Agenda, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark Jan 1999

The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto Jan 1998

Rape In Wartime: Redress In United States Courts Under The Alien Tort Claims Act, Susana Sácouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang Jan 1998

Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark Jan 1998

The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel Jan 1997

The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck Jan 1997

Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.