Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (7)
- American University Washington College of Law (4)
- SelectedWorks (4)
- BLR (3)
- Florida International University College of Law (3)
-
- The Peter A. Allard School of Law (3)
- University of Florida Levin College of Law (3)
- Aga Khan University (2)
- Bard College (2)
- De La Salle University (2)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- Pepperdine University (2)
- Roger Williams University (2)
- Schulich School of Law, Dalhousie University (2)
- Seattle University School of Law (2)
- University of Baltimore Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Michigan Law School (2)
- Washington and Lee University School of Law (2)
- American University in Cairo (1)
- California Western School of Law (1)
- City University of New York (CUNY) (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Marquette University Law School (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Saint Louis University School of Law (1)
- St. John's University School of Law (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (4)
- All Faculty Publications (3)
- ExpressO (3)
- Faculty Publications (3)
- Faculty Scholarship (3)
-
- UF Law Faculty Publications (3)
- Articles & Chapters (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Articles, Book Chapters, & Popular Press (2)
- Center for Business Research and Development (2)
- Hope Lewis (2)
- Human Rights Brief (2)
- Pepperdine Law Review (2)
- School of Law Conferences, Lectures & Events (2)
- Seattle University Law Review (2)
- Washington and Lee Law Review (2)
- Yofi Tirosh (2)
- All Papers (1)
- Ana Filipa Vrdoljak (1)
- Articles (1)
- Berta E. Hernández-Truyol (1)
- Cyra A. Choudhury (1)
- Department of Paediatrics and Child Health (1)
- Dissertations and Theses (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Emory International Law Review (1)
- Exploring Muslim Contexts (1)
- FIU Law Review (1)
- Hadar Aviram (1)
- Human Rights & Human Welfare (1)
- Publication Type
- File Type
Articles 1 - 30 of 69
Full-Text Articles in Law and Gender
What Do We Do With You: How The United States Uses Racial-Gendered Immigrant Labor To Inform Its Immigrant Inclusion-Exclusion Cycle, Tori Delaney
University of Cincinnati Law Review
No abstract provided.
Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske
Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske
International Journal of Nuclear Security
The international community is slowly beginning to recognize the intersections between law and policy as it relates to international security—particularly arms control, nonproliferation, and disarmament—and the body of human rights law that addresses gender equality. Notably absent from this discussion is the field of nuclear security. Despite its historical underpinnings as an inherently domestic activity, nuclear security is thoroughly grounded in international treaty law. However, nuclear security is often overlooked in the international security context and has not been well-situated in international instruments that address gender equality. We argue that gender equality in nuclear security should be understood as an …
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Marquette Benefits and Social Welfare Law Review
The decision of the U.S. Supreme Court in the case of Bostock v. Clayton County that sexual orientation is included in the concept of “sex” in the non-discrimination provisions of the Civil Rights Act of 1964 is historically indefensible. The Civil Rights Act was initiated by President John F. Kennedy to combat racial discrimination in the workplace and the word “sex” was included in the Act by a “claque of Southern Congressmen” as part of a filibuster attempt to prevent its enactment. It was accepted by proponents of the Act on the instructions of President Johnson merely to avoid the …
Gender-Based Religious Persecution, Pooja R. Dadhania
Gender-Based Religious Persecution, Pooja R. Dadhania
Faculty Scholarship
People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.
The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …
4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Transgender Erasure: Barriers Facing Transgender Refugees In Canada, Sean Rehaag, Alexandra Verman
Transgender Erasure: Barriers Facing Transgender Refugees In Canada, Sean Rehaag, Alexandra Verman
All Papers
This paper explores the experiences of transgender refugee claimants in Canada’s refugee status determination system, using mixed methods: quantitative analysis of data obtained from the Immigration and Refugee Board (IRB), reviews of published and unpublished decisions, country condition documentation packages and IRB guidelines, as well as interviews with refugee lawyers. Using these methods, we explore how credibility arises in transgender refugee claims, noting the impact of medicalization and country conditions materials on transgender claims, and drawing parallels between medical gatekeeping and credibility assessments in refugee claims. We identify potential explanations for low recorded numbers of transgender claims as rooted in …
He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak
He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak
Emory International Law Review
Most jurisdictions have adopted changes in legislation within the past fifty years that reflect the evolution and advancement of women’s legal rights. Somalia, however, has not undergone a significant change in its legal regime since the 1960s. Somalia’s penal code and criminal procedure code are based on laws that were written in the late 1800s to early 1900s. When it comes to rape, judges harbor the beliefs that women must “put up a fight” against their assailants and doubt the inherent trustworthiness of women. These prevailing gender myths prevent women from accessing justice and infringe on their rights to equality …
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Seattle University Law Review
This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …
Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb
Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb
Senior Projects Spring 2023
This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
The Human Environment: Awakening To The Indomitable Cuban Spirit--Government, Culture, And People, Berta Hernández-Truyol
FIU Law Review
My thoughts are to write about The Human Environment. I will address the recent events concerning the increased silencing of dissent and the criminal law reforms that prohibit peaceful gatherings.
Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain
Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain
Department of Paediatrics and Child Health
No abstract provided.
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Washington and Lee Law Review
In the last decade, intersectionality theory has gained traction as a lens through which to analyze international human rights issues. Intersectionality theory is the notion that multiple systems of oppression intersect in peoples’ lives and are mutually constitutive, meaning that when, for example, race and gender intersect, the experience of discrimination goes beyond the formulaic addition of race discrimination and gender discrimination to produce a unique, intersectional experience of discrimination. The understanding that intersecting systems of oppression affect different groups differently is central to intersectionality theory. As such, the theory invites us to think about inter-group differences (i.e., differences between …
(G)Local Intersectionality, Martha F. Davis
(G)Local Intersectionality, Martha F. Davis
Washington and Lee Law Review
Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of …
The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi
The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi
Dissertations and Theses
This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
All Faculty Scholarship
This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …
On Period Poverty, Victoria J. Haneman
On Period Poverty, Victoria J. Haneman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Papers, Posters, and Presentations
In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.
Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …
The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly
The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly
Human Rights Brief
No abstract provided.
The Individual Right Against Binary Identify, Colin Pochie
The Individual Right Against Binary Identify, Colin Pochie
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, Ana Bejarano Ricaurte
Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, Ana Bejarano Ricaurte
Indiana Journal of Global Legal Studies
This article does not discuss whether pro bono programs should exist in Colombia, or whether they cause positive transformation in the legal profession. These issues are examined in other types of legal literature, and this author departs from the standpoint of viewing this type of work as a positive practice within the legal culture. The main thesis of this article is that pro bono work is still developing in Colombia, both in its numbers of participating attorneys and clients, as well as in the ways it is affecting the legal culture. As important as it might be, the work of …
Covid-19 And Lgbt Rights, Suzanne B. Goldberg
Covid-19 And Lgbt Rights, Suzanne B. Goldberg
Faculty Scholarship
Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.
This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …
2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law
2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne
Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne
All Faculty Publications
This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
Articles in Law Reviews & Other Academic Journals
On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …
Volume 8: Gender, Governance And Islam, Deniz Kandiyoti, Nadje Al-Ali, Kathryn Spellman Poots
Volume 8: Gender, Governance And Islam, Deniz Kandiyoti, Nadje Al-Ali, Kathryn Spellman Poots
Exploring Muslim Contexts
Analyses the links between gender and governance in contemporary Muslim majority countries and diaspora contexts.
Following a period of rapid political change, both globally and in relation to the Middle East and South Asia, this collection sets new terms of reference for an analysis of the intersections between global, state, non-state and popular actors and their contradictory effects on the politics of gender.
The volume charts the shifts in academic discourse and global development practice that shape our understanding of gender both as an object of policy and as a terrain for activism. Nine individual case studies systematically explore how …
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi
Indiana Law Journal
Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the practice …
The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo
The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo
Center for Business Research and Development
The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).
On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …
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 …
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Mainstreaming Gender: The Influence Of Women's Networks On Prosecuting Sexual Violence At The International Criminal Court, Jessica Maryanne Zaccagnino
Senior Projects Spring 2017
The fall of the Soviet Union in combination with the failures of the international community to intervene in the genocides of the former Yugoslavia and Rwanda spurred a new enthusiasm for human rights as a wholly independent movement, termed the human rights wave. This paradigm shift, identified by Stefan-Ludwig Hoffmann, was an embrace of human rights rooted in the redemption of past wrongs. This project is structured as a jurisprudential genealogy that will explore the human rights wave in the context of the Women’s Caucus for Gender Justice, a facet of the transnational women’s network, and their quest to mainstream …
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Michigan Journal of Gender & Law
Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.