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Articles 1 - 12 of 12
Full-Text Articles in Law and Gender
The Unreasonableness Of The Reasonable Woman Standard: Evaluating And Reforming Sexual Harassment Jurisprudence, Richa Parikh
The Unreasonableness Of The Reasonable Woman Standard: Evaluating And Reforming Sexual Harassment Jurisprudence, Richa Parikh
CMC Senior Theses
The “Reasonable Woman Standard” was first used in the 1991 case of Ellison v. Brady and has been central in shaping legal responses to sexual harassment. However, as societal norms and understandings of gender dynamics continue to evolve, as we experienced with the #MeToo movement, this “Reasonable Woman” often fails to grow with the times. I argue that this “Reasonable Woman” fails to encapsulate the complexities of sexual harassment experiences across different genders and cultural backgrounds. In this thesis, I deconstruct the historical development of the “Reasonable Woman Standard,” analyzing its roots in the “Reasonable Person Standard.” Through a combination …
Tribal Sovereignty And Native American Women’S Rights In The Wake Of Castro-Huerta, Erin Geraldine Demarco
Tribal Sovereignty And Native American Women’S Rights In The Wake Of Castro-Huerta, Erin Geraldine Demarco
Senior Theses and Projects
This thesis will primarily examine the sexual assault crisis Native American women face and the jurisdictional issues that influence whether and how tribes prosecute and punish perpetrators. Federal Indian policy and various Supreme Court cases have increasingly undermined tribal sovereignty over the past few centuries, resulting in tribal governments lacking the ability to respond to sexual violence against their members. Native women who experience sexual violence often find themselves entangled in a complex web of jurisdictional issues, resulting in a lack of clarity about which government body has authority. As a result, their cases are frequently left unprosecuted, denying them …
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 Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight
The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight
Electronic Theses, Projects, and Dissertations
For a country that has been built on the legacy of freedom and the idea of individual rights, the United States has a history of legalizing oppressive policies and denying rights and freedom based on the color of one’s skin. As scholars take on the issue of Colorism within the American society, this thesis works to examine the origins of white supremacy and its legalization through the institutions of American enslavement and the era of Jim Crow. First examining the portrayal of those of African descent and its connection to white supremacy during the period of enslavement, this thesis relies …
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …
Of Queens, Incubi, And Whispers From Hell: Joan Of Arc And The Battle Between Orthopraxy And Theoretical Doctrine In Fifteenth Century France, Helen W. Tschurr
Of Queens, Incubi, And Whispers From Hell: Joan Of Arc And The Battle Between Orthopraxy And Theoretical Doctrine In Fifteenth Century France, Helen W. Tschurr
Honors Program Theses
This project focuses on examining the nuances of fifteenth century religious gender theory through an exploration of the Trial of Condemnation (unduly maligned in the historiography) against Joan of Arc. Employing a lens of the theological concept of the “Bride of Christ,” (as defined by Dylan Elliot, Johanne Chamberlyne, Gilbert of Hoyland, and Peter Abelard) in studying this text, as well as the contemporary pro-Joan propaganda texts of Christine de Pizan, Jacques Gelu, and Jean Gerson,suggest a departure from current historiographical positions on medieval perceptions of gender and sex identity. Both Joan (in the trial) and her popular supporters understood …
Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez
Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez
Capstone Projects and Master's Theses
This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.
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 …
Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu
Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu
Senior Theses and Projects
No abstract provided.
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
Chancellor’s Honors Program Projects
No abstract provided.