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Articles 1 - 30 of 30
Full-Text Articles in Law and Gender
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
“Actions As Words, Words As Actions: Sexual Harassment Law, The First Amendment And Verbal Acts, John F. Wirenius
“Actions As Words, Words As Actions: Sexual Harassment Law, The First Amendment And Verbal Acts, John F. Wirenius
ExpressO
The article examines the tension between the hostile work environment under the civil rights laws and the First Amendment’s protection of free speech, even when such speech is offensive and even discriminatory. After discussing the tension and its limits, the author examines other rationales proposed to resolve this tension, and rejecting them as unsatisfactory. Noting that hostile work environment doctrine, as a variable standard, employs a less “bright-line” approach than is typical of the First Amendment’s rule, the author nonetheless finds that the “open texture” of all rules, and the requirement that a hostile work environment be systematically pervasive or …
Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel
Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel
Buffalo Human Rights Law Review
No abstract provided.
Parental Consent And Notification Laws In The Abortion Context: Rejecting The "Maturity" Standard In Judicial Bypass Proceedings, Anna Bonny
ExpressO
The choice to become a parent, to give a baby up for adoption, or to terminate a pregnancy presents a life-altering decision for a minor. The majority of states require minors to engage their parents or legal guardians in their choice to obtain an abortion, but not in decisions to give their babies up for adoption or to become parents. Though the Supreme Court has held that parental consent and notification laws do not infringe on a minor's constitutional rights if judicial bypass options are available, the reality of these judicial proceedings demonstrates a biased and unworkable legal avenue. Even …
Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba
Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba
ExpressO
The article focuses on the challenges for women’s rights activists attempting to provide a better legal regime for victims of domestic violence in Nigeria. It is my desire to provide a resource material on the issue of domestic violence for activists, policy makers, legislators and law reformers who are engaged in providing a better legal framework for the protection and promotion of women’s rights in a developing country like Nigeria. Having worked extensively on this issue, the article documents my experience on law reform advocacy in Nigeria.
Women Fighting Poverty In Cameroon: A Legal Perspective!, Geraldine Chin C K G Chin
Women Fighting Poverty In Cameroon: A Legal Perspective!, Geraldine Chin C K G Chin
ExpressO
Poverty in Sub Saharan Africa has many causes, which range from the impact of the Structural Adjustment Programs, the huge foreign debt and policies that encourage mismanagement of state resources. This growing poverty and underdevelopment has attracted the attention of the international community to pursue programs aimed at attaining the UN Millennium Development Goals, foreign debt relief and increased development aid. During the introduction of policies that brought about economic hardship, African women were not consulted and their voices were not heard. Yet it is these women who feel most of the impact of these policies. During the period of …
Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu
Till Death Do Us Part: Marriage, Hiv/Aids And The Law In Zimbabwe, Slyvia Chirawu
ExpressO
Lying in Sub Saharan Africa, the epicenter of the HIV/AIDS epidemic, Zimbabwe has grappled since 1985 to prevent and mitigate the impact of HIV/AIDS. Statistics point out to one glaring factor- the disproportionate impact of HIV/AIDS on women and in the case of Zimbabwe married women. Laws, policies and practices in relation to marriage predispose married women to HIV/AIDS infection. The answer to protecting women does not lie entirely in the law but in transformative gender equality.
Zimbabwe has two types of recognized marriages and the third type , the unregistered customary law union is given limited recognition. The thread …
Toward An International Standard Of Abortion Rights: Empirical Data From Africa, Chad M. Gerson
Toward An International Standard Of Abortion Rights: Empirical Data From Africa, Chad M. Gerson
ExpressO
In the Fall of 2005 I published a brief Development in the Chicago Journal of International Law concerning the prospects for establishing the right to obtain an abortion as a fundamental human right. See 5 Chi. J. Int’l L. 753. In that article I argued that the right to choose and access to abortion services would greatly improve the health and status of women and children in the developing world.
In this article, I follow up with empirical data regarding the status of abortion rights in African countries. These data are compared to maternal and infant mortality and contraceptive use. …
In The Best Interest Of The Child, Ellen L. Buckwalter
In The Best Interest Of The Child, Ellen L. Buckwalter
ExpressO
Each year more than 200,000 children in the United States are abducted by family members. When a child is abducted across international borders, the difficulties are compounded. Since the late 1970s, The Department of State’s Office of Children’s Issues has been contacted in approximately 16,000 cases involving children who were either abducted from the United States or prevented from returning to the U.S. by one of their parents.
The Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) adopted on October 24, 1980, reflects a worldwide concern about the harmful effects that parental kidnapping has on children …
The Children Of Science: Property, People, Or Something In Between?, Star Q. Lopez
The Children Of Science: Property, People, Or Something In Between?, Star Q. Lopez
ExpressO
How should states classify embryos? The war has often waged between two classifications, people versus property. But what if a state assumed something in between, finding the embryo to be a potential person entitled to special respect? If a state adopted this position, how would the law affect medical research?
Presuming embryos constitute potential persons, the debate would continue with how to define “special respect.” The status of a potential person runs along a spectrum between property and personhood. How one defines “special respect” determines where the potential person falls along this spectrum. Special respect would create a spectrum of …
Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin
Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin
ExpressO
This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …
Expert On Sex Trafficking Contributes To Passage Of Historic New Law
Expert On Sex Trafficking Contributes To Passage Of Historic New Law
Donna M. Hughes
No abstract provided.
A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto
A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto
Michigan Journal of Gender & Law
This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …
Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh
Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh
Yofi Tirosh
The politics of body size has been the topic of intriguing feminist work. Although in my view this issue is still undertheorized, I have long sought for a way to bring what does exist in the literature into my academic activities. The opportunity arose when, as a graduate student at the University of Michigan in 2001, I taught an undergraduate mini-course in the women's studies program, which I named Weight as a Cultural Question.
This essay discusses two pedagogical challenges I faced while teaching a class. Both questions deal with the extent to which it is productive to talk about …
Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger
Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma
The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma
Human Rights Brief
No abstract provided.
The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera
The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken
Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Conscience And Emergency Contraception, Leslie C. Griffin
Conscience And Emergency Contraception, Leslie C. Griffin
Scholarly Works
No abstract provided.
Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen
NYLS Law Review
No abstract provided.
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
Articles in Law Reviews & Other Academic Journals
In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …
Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar
Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Articles
No abstract provided.
The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick
The Equality Paradise: Paradoxes Of The Law's Power To Advance Equality, Marcia L. Mccormick
All Faculty Scholarship
This paper, written for Texas Wesleyan Law School's Gloucester Conference, ¿Too Pure an Air: Law and the Quest for Freedom, Justice, and Equality,¿ is a brief exploration of a broader project. Every civil rights movement must struggle with how to allocate scarce resources to accomplish the broadest change possible. This paper compares the legal and political strategies of the Black rights movement and the women's rights movement in the United States, comparing both the strategy choices and the results. These two movement followed essentially the same strategies. Where they have attained success and where each has failed demonstrates the limits …
Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati
Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati
Faculty Articles
No abstract provided.
Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson
Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson
UF Law Faculty Publications
In this Article, we engage the current human rights debate that dichotomizes prostitution either as a modern form of slavery or as the exercise of the right to work. This framework effectively sets up a coercion/consent polarity. These poles raise fundamental human rights issues; both the prohibition against slavery and the right to work are matters addressed by and central to the international human rights paradigm. Yet we argue in this Article that the human rights issues raised by prostitution cannot properly be studied nor moved towards meaningful resolution in the context of the prevailing polarity. Prostitution in its current …
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
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.
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Peoples' Tribunals: Legitimate Or Rough Justice, Christine M. Chinkin
Articles
The article examines the use of Peoples' Tribunals in seeking access to justice where none has been possible through more formal methods. It uses as illustration the Women's International War Crimes Tribunal that sought justice for the so-called comfort women, the primarily Asian women who were subjected to sexual slavery by the Japanese military before and during World War Two. The article briefly recounts the fate of the comfort women and then considers the legal and practical obstacles they faced in accessing justice at the end of the War. It outlines how towards the end of the 20th century the …
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
Michigan Journal of International Law
By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996, Jennifer Allison
Jennifer Allison
This 2006 student comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2010 campaign, which, in accordance with the recommendations of the Hartz Commission, reformed Germany's legislative system of providing benefits to the long-term unemployed.