State’S Highest Bench Approves Reduced Charges For Hiv Transmission, 2015 New York Law School
State’S Highest Bench Approves Reduced Charges For Hiv Transmission, Arthur S. Leonard
Other Publications
No abstract provided.
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, 2015 University of Colorado Law School
The Stereotyped Offender: Domestic Violence And The Failure Of Intervention, Carolyn B. Ramsey
Publications
Scholars and battered women's advocates now recognize that many facets of the legal response to intimate-partner abuse stereotype victims and harm abuse survivors who do not fit commonly accepted paradigms. However, it is less often acknowledged that the feminist analysis of domestic violence also tends to stereotype offenders and that state action, including court-mandated batterer intervention, is premised on these offender stereotypes. The feminist approach can be faulted for minimizing or denying the role of substance abuse, mental illness, childhood trauma, race, culture, and poverty in intimate-partner abuse. Moreover, those arrested for domestic violence crimes now include heterosexual women, lesbians, …
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, 2015 Indiana University Maurer School of Law
State Court Protection Of Reproductive Rights: The Past, The Perils, And The Promise, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Invisible: My Experiences With The Undocumented And Abused, 2015 Washington and Lee University
Invisible: My Experiences With The Undocumented And Abused, Anna Paden Carson
VA Engage Journal
As a legal advocate at Tapestri, Inc. in Atlanta, Georgia this summer, I saw many of my immigrant and refugee clients consumed by fear, desperation, and insecurity, and I quickly realized that many of the women I helped only contacted Tapestri because they truly had nowhere else to turn. They were victims of domestic violence and usually living in America undocumented, making the seriousness of their situations that much more intense and pressing. These women were trapped and alone, and Tapestri’s role was to help them in any way we could.
This article explores what I learned throughout my eight-week …
Coercing Assimilation: The Case Of Muslim Women Of Color, 2015 Texas A&M University School of Law
Coercing Assimilation: The Case Of Muslim Women Of Color, Sahar F. Aziz
Faculty Scholarship
Today, I have been asked to address the domestic context of civil rights issues facing Muslim women in the United States. Admittedly, examining the experiences of Muslim American women is a risky endeavor because they are such a diverse group of women ethnically, racially, socio-economically, and religiously in terms of their levels of religiosity. Hence, I acknowledge the risk of essentializing, despite my best efforts to recognize the individual agency of each Muslim woman.
This lecture is based on a larger project that examines the myriad ways Muslim women are adversely affected by their intersectional identities, and how it impacts …
Admin, 2015 Columbia Law School
Admin, Elizabeth F. Emens
Faculty Scholarship
This Article concerns a relatively unseen form of labor that affects us all, but that disproportionately burdens women: admin. Admin is the office type work – both managerial and secretarial – that it takes to run a life or a household. Examples include completing paperwork, making grocery lists, coordinating schedules, mailing packages, and handling medical and benefits matters. Both equity and efficiency are at stake here. Admin raises distributional concerns about those people – often women – who do more than their share of this work on behalf of others. Even when different-sex partners who both work outside the home …
The Evidentiary Rules Of Engagement In The War Against Domestic Violence, 2015 University of Richmond
The Evidentiary Rules Of Engagement In The War Against Domestic Violence, Erin R. Collins
Law Faculty Publications
Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.
This Article reveals that this presumption is …
The Challenges And Perils Of Reframing Trafficking As 'Modern-Day Slavery", 2015 American University Washington College of Law
The Challenges And Perils Of Reframing Trafficking As 'Modern-Day Slavery", Janie Chuang
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, 2015 American University Washington College of Law
Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
'Truth And Reconciliation': A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, 2015 Mississippi College School of Law
'Truth And Reconciliation': A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Angela Mae Kupenda, Tamara F. Lawson
Journal Articles
In this Article, the co-authors confront one of the next generation issues for underrepresented groups in legal education: what happens after tenure victories, especially for the victors in a war wrought with gender and racial inequities? Even if all is fair in love, war, and tenure battles, it remains most troubling when, even in this century, acts of racial and/or gender aggression are targeted at qualified tenure candidates. These violations of the "tenure rules of engagement" based on implicit or explicit racial or gender bias preserve discriminatory practices that impact underrepresented groups and maintain the status quo in the academy …
Introduction To The Symposium On Entrepreneurial Lawyering, 2015 University of Missouri - Kansas City, School of Law
Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni
Faculty Works
No abstract provided.
On Not 'Having It Both Ways' And Still Losing: Reflections On Fifty Years Of Pregnancy Litigation Under Title Vii, 2015 University of Pittsburgh School of Law
On Not 'Having It Both Ways' And Still Losing: Reflections On Fifty Years Of Pregnancy Litigation Under Title Vii, Deborah L. Brake
Articles
This article, published in the B.U. Law Review Symposium issue, “The Civil Rights Act of 1964 at 50: Past, Present and Future,” reflects on the past fifty years of conflict and struggle over how to treat pregnancy discrimination under Title VII. Pregnancy has played a pivotal role in debates among feminist legal scholars and women’s rights advocates about the limitations of both the equal treatment and special treatment anti-discrimination frameworks. The article’s title references the much-discussed Wendy W. Williams cautionary note that if we cannot have it “both ways” we need to decide which way we want to have it …
Normalizing Disability In Families, 2015 University of Pittsburgh School of Law
Normalizing Disability In Families, Mary Crossley
Articles
In “Selection against Disability: Abortion, ART, and Access,” Alicia Ouellette probes a particularly vexing point of intersection between ART (assisted reproductive technology) and abortion: how negative assumptions about the capacities of disabled persons and the value of life with disability infect both prospective parents’ prenatal decisions about what pregnancies to pursue and fertility doctors’ decisions about providing services to disabled adults. This commentary on Ouellette’s contribution to the symposium titled “Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies" first briefly describes Ouellette’s key points and her article’s most valuable contributions. It then suggests further expanding the frame of …
A Provocative Defense, 2015 University of Colorado Law School
A Provocative Defense, Aya Gruber
Publications
It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …
Hoop Dreams Deferred: The Wnba, The Nba, And The Long-Standing Gender Inequity At The Game’S Highest Level, 2015 Washington College of Law, American University
Hoop Dreams Deferred: The Wnba, The Nba, And The Long-Standing Gender Inequity At The Game’S Highest Level, N. Jeremy Duru
Utah Law Review
From the beginning, the WNBA—which was born of the NBA’s approval in the NBA’s cities with NBA teams’ colors and largely NBA-related names and which survived a challenge from the ABL by virtue of its NBA affiliation—has featured a more stringent age eligibility rule than the NBA. When taken together, the two rules create two different tracks—one for men and one for women—to be negotiated on route to a professional basketball career in the United States. This sort of dualtracking, in which one route presents advantages over the other, is unacceptable in a nation committed to gender equity, and it …
Reconstruction After Genocide: An Analysis Of The Justice System For The Women Victims Of Genocidal Rape In Post-Conflict Bosnia, 2015 Scripps College
Reconstruction After Genocide: An Analysis Of The Justice System For The Women Victims Of Genocidal Rape In Post-Conflict Bosnia, Hannah E. Gardenswartz
Scripps Senior Theses
In the conflict in Bosnia-Herzegovina, one of the critical elements of the ethnic cleansing regimes was rape and impregnation of women. When the international justice system was created to criminally try the perpetrators of the atrocities, including the rape victims was a new development. Looking at the tribunals and court system from a gendered perspective reveals that the efforts to include rape victims have not taken into account their specific needs, stemming from their trauma. A critical look the ICTY and other criminal courts are presented, as well as recommendations for improving inclusivity and reconciliation.
Does Patriarchy Still Exist? An Examination Of Equal Employment Opportunities In The United States, 2015 Scripps College
Does Patriarchy Still Exist? An Examination Of Equal Employment Opportunities In The United States, Winnie You
Scripps Senior Theses
Since the 1970s, major changes in reproductive freedom, education, and the passage of equal employment laws have impacted women’s experience in the workplace. My thesis is a US-based study that examines the progress of women’s equal employment opportunities from the 1970s to today. Chapter 1 provides the context of discrimination in the 1970s. Chapter 2 provides detailed literature reviews on reproductive freedom and education separately. Section 2.1 shows the relationship between reproductive freedom and increased labor force participation. Section 2.2 finds that higher levels of education encourage women to seek employment in traditionally male-dominant positions. Section 2.3 adds alternative explanations …
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
Reconsidering Legal Regulation Of Race, Sex, And Sexual Orientation, Ann C. Mcginley
Scholarly Works
No abstract provided.
Policing And The Clash Of Masculinities, 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law
Policing And The Clash Of Masculinities, Ann Mcginley
Scholarly Works
In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.
There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods, but the relationship between police officers and their victims is not …
Lesbian Palimony Claim Can Proceed In Illinois, 2015 New York Law School
Lesbian Palimony Claim Can Proceed In Illinois, Arthur S. Leonard
Other Publications
No abstract provided.