Social and Behavioral Sciences Commons^™

The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks

Articles, Book Chapters, & Popular Press

Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …

The Transformative Potential Of High-Level Gender Equality: The Relationship Between Gendered Laws And Perceptions In Rwanda, Elena Ortiz

Independent Study Project (ISP) Collection

As part of its reconstruction process following the 1994 genocide against the Tutsi, Rwanda introduced several laws and policies protecting gender equality, which stood it stark contrast to traditional patriarchal norms and structures. This study focuses on the relationship between institutional gender reform and local perceptions. Specifically, it seeks to explore the extent to which perceptions around gender have caught up to legal changes and identify where the greatest gaps exist across political, social, and economic dimensions. Data collection occurred in two parts: quantitatively, a multiple-choice survey was distributed to 76 Rwandan adults investigating their perceptions of gender in political, …

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming

Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather

St. Mary's Law Journal

Abstract forthcoming

Women And War, Linda A. Malone

Linda A. Malone

No abstract provided.

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

Feminist Statutory Interpretation, Kim Brooks

Articles, Book Chapters, & Popular Press

Leading Canadian scholar Ruth Sullivan describes the act of statutory interpretation as a mix of art and archaeology. The collection, Feminist Judgments: Rewritten Tax Opinions, affirms her assessment. If the act of statutory interpretation requires us to deploy our interdisciplinary talents, at least somewhat unmoored from the constraints of formal expressions of legal doctrine, why haven’t feminists been more inclined to write about statutory interpretation? Put another way, some scholars acknowledge that judges “are subtly influenced by preconceptions, endemic privilegings and power hierarchies, and prevailing social norms and ‘conventional’ wisdom.” Those influences become the background for how judges read legislation. …

Law School News: Roger Williams Celebrates Pride 06-17-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Abolitionist Feminism As Prisons Close: Fighting The Racist And Misogynist Surveillance “Child Welfare” System, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

The global prison industrial complex was built on Black and brown women’s bodies. This economy will not voluntarily loosen its hold on the bodies that feed it. White carceral feminists traditionally encourage State punishment, while anti-carceral, intersectional feminism recognizes that it empowers an ineffective and racist system. In fact, it is built on the criminalization of women’s survival strategies, creating a “victimization to prison pipeline.” But prisons are not the root of the problem; rather, they are a manifestation of the over-policing of Black women’s bodies, poverty, and motherhood. Such State surveillance will continue unless we disrupt these powerful systems …

The Need To Codify Roe V. Wade: A Case For National Abortion Legislation, Kathryn N. Peachman

Journal of Legislation

No abstract provided.

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …

Do We Need To Secure A Place At The Table For Women? An Analysis Of The Legality Of California Law Sb-826, Teal N. Trujillo

Journal of Legislation

No abstract provided.

Legal Rights Of Transgender Students In Education, Almond A. Seals, Melissa C. Gonzales

Diversity, Social Justice, and the Educational Leader

Nearly 150,000 school-aged teenagers in the United States identify as transgender, but the population continues to face harassment, bullying, and discrimination from their peers and educators. The most recent battles for bathroom access based on gender identity has led to significant policy debates nationally and statewide. It is critical for school leaders to promote an all-inclusive and safe school environment to help improve the academic experience for transgender students. The purpose of this paper is to outline the current anti-discrimination federal and state laws that protect against sex and gender identity harassment in school, including Title IX, Equal Access Act, …

The Equal Rights Amendment: Why All U.S. States Have Not Ratified, Gina Tan, Mirren Galway

CURCE Annual Undergraduate Conference

Currently, enacted legislation for the equality of men and women in the United States does not exist. Despite many advancements, as of 2018, the equality of men and women is not explicitly stated in the U.S. constitution. There is a long history of discrimination against women in the U.S., and for some time now, there have been pushes toward constitutionalizing equality based on Sex. One such push came in 1923, shortly after women were granted the right to vote and The Equal Rights Amendment (ERA) was introduced. This amendment mandates that the “Equality of rights under the law shall not …

Ann Hopkins Papers., Beth S. Harris

Finding Aids: Guides to the Collections

This is a collection of personal and professional papers related to the Hopkins v. Price Waterhouse (Wash., D.C. Federal District Court) and Price Waterhouse v. Hopkins (U. S. Supreme Court) cases. The final decision capped a seven-year battle against Hopkins’ employer for gender discrimination and her final victory in 1990 helped to expand workplace discrimination laws to include gender stereotyping.

The collection date ranges from 1967-2001 and includes correspondence, court documents, materials related to the book So Ordered: Making Partner the Hard Way (University of Massachusetts Press, c1996), newspaper and periodical publications, photographs, and a scrapbook.

Additional personal correspondence (1965-1989) …

Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal

Dissertations

Purpose: The purpose of this qualitative phenomenological study was to describe citizen perceptions of the impact of community policing in 2 selected, ethnically diverse, low-income communities that have national safety ratings between 0% and 25%. The study explored the 8 pillars of community policing: partnerships, problem solving, procedural fairness, proscribed scope, protection, professionalism, purpose, and principles and their impact on citizens’ perception of their local law enforcement agencies.

Methodology: The study was qualitative with a phenomenological approach to research.

Findings: Findings from this study revealed that examination of study participant interviews, observations, and artifacts resulted in 22 themes and 689 …

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.

Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner

Student Engagement Posters

Lara Martz and Sage Kramer-Urner discuss student engagement at Linfield College with regard to a fundraising campaign to benefit the Trans Law Center.

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Collateral Consequences Of Masculinizing Violence, Jamie R. Abrams

Jamie R. Abrams

Before an enraged gunman fired thirty-six deadly shots into an exercise class filled with women, on August 4, 2009, in Pennsylvania, he blogged that his killing spree was the result of his failure to meet society’s expectations of him as a man. This violent act tragically affirms that hegemonic masculinity — a dominant form of masculinity whereby some types of men have power over women and over some other men — can directly cause violence against women and reveals both an underlying connection between masculinities scholarship and feminist scholarship and the value in exploring that linkage further in both theory …

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …

Mass Atrocities And Their Prevention, Charles H. Anderton, Jurgen Brauer

Economics Department Working Papers

Counting conservatively, and ignoring physical injuries and mental trauma, data show about 100 million mass atrocity-related deaths since 1900. Occurring in war and in peacetime, and of enormous scale, severity, and brutality, they are geographically widespread, occur with surprising frequency, and can be long-lasting in their adverse effects on economic and human development, wellbeing, and wealth. As such, they are a major economic concern. This article synthesizes very diverse and widely dispersed theoretical and empirical literatures, addressing two gaps: a “mass atrocities gap” in the economics literature and an “economics gap” in mass atrocities scholarship. Our goals are, first, for …

Beyond Repair: An Investigation Of The Experiences, Interpretations, And Self-Construction Of Black Women Welfare Recipients In The Deep South, Eniyah C. Willingham, Eniyah Willingham

Senior Projects Spring 2019

Based on six in-depth interviews with Black women in the Metro-Atlanta area who have at some point in the past ten years received welfare assistance, this project serves to understand how Black women relate to the welfare system in the current moment. To best understand their circumstances, I set forth a three-part question: how do Black women welfare recipients experience the welfare system in the current moment?; how do they interpret these experiences?; and lastly, how do these experiences and interpretations lend to how they conceptualize, construct, and/or manage their identities as Black women welfare recipients? I argue that my …

Private Lives Of Public Figures, Charlotte Miriam Albert

Senior Projects Fall 2019

Senior Project submitted to The Division of Social Studies of Bard College.