Law and Gender Commons^™

Gender And New Wars, Christine M. Chinkin, Mary Kaldor

Articles

War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been …

Reflections On Vawa's Strange Bedfellows: The Partnership Between The Battered Immigrant Women's Movement And Law Enforcement, Alizabeth Newman

University of Baltimore Law Review

No abstract provided.

Luogo E Spazio, Place And Space: Gender Quotas And Democracy In Italy, Rachel A. Van Cleave

University of Baltimore Law Review

No abstract provided.

Symposium Foreword: Applied Feminism And Democracy

University of Baltimore Law Review

No abstract provided.

E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik

NYLS Law Review

No abstract provided.

Unprotected Sex: The Pregnancy Discrimination Act At 35, Deborah L. Brake, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

Thirty-five years ago, Congress passed the Pregnancy Discrimination Act to overturn a Supreme Court decision refusing to recognize pregnancy discrimination as a form of discrimination based on sex. Now, three and a half decades later, women whose work lives are impacted by pregnancy are again finding themselves unprotected from discrimination. Lower court rulings have eviscerated the Act’s protections at the same time that an expansion of worker rights under the Americans with Disabilities Act should redound to the benefit of pregnant women by expanding the pool of comparators who receive accommodations. By following trends in discrimination law generally - equating …

La Culture De La Protection Des Droits Fondamentaux En Droit Canadien Des Réfugiés: Un Examen Des Affaires De Violence Familiale, Efrat Arbel

All Faculty Publications

Cet article examine les cas canadiens de droit des réfugiés impliquant de la violence familiale, analysés par le biais d’une comparaison avec les cas de stérilisation forcée et de mutilations génitales. Parcourant 645 décisions publiées, il suggère que les arbitres canadiens ont en général adopté différentes méthodes d’analyse dans le cas des réfugiés de violence familiale, par rapport aux autres affaires. L’article soutient que les arbitres canadiens reconnaissent rarement la violence domestique comme une violation des droits en soi, mais au contraire, ont montré une prédisposition générale à reconnaître des situations violence domestique dans la différence culturelle. Autrement dit, les …

Inferring Desire, Jessica A. Clarke

Vanderbilt Law School Faculty Publications

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results.

This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …

Floor To Ceiling: How Setbacks And Challenges To The Anti-Bullying Movement Pose Challenges To Employers Who Wish To Ban Bullying, Kerri Lynn Stone

Faculty Publications

No abstract provided.

Perspectives On Crimes Of Sexual Violence In International Law, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Sexual and gender-based violence (SGBV) during conflict and periods of repression has been a problem in every region of the globe.' Historically, these crimes were rarely prosecuted, particularly when government leaders were responsible for tolerating, encouraging, or orchestrating these crimes. However, the last two decades have seen an incredible transformation in the treatment of SGBV under international law. Great strides have been made in the investigation and prosecution of sexual and gender-based crimes, particular by the ad hoc International Criminal Tribunals for the Former Yugoslavia and Rwanda, and the Special Court for Sierra Leone This essay examines the way …

Roe's Race: The Supreme Court Decision, Legal History, And The Racial Politics Of Abortion, Mary Ziegler

Scholarly Publications

Questions of race and abortion have shaped current legal debates about defunding Planned Parenthood and banning race-selection abortion. In these discussions, abortion opponents draw a close connection between the eugenic or population-control movements of the twentieth century and the contemporary abortion-rights movement. In challenging legal restrictions on abortion, abortion-rights activists generally insist that their movement and its predecessors have primarily privileged reproductive choice.

Notwithstanding the centrality of race to abortion politics, there has been no meaningful history of the racial politics of abortion that produced or followed Roe v. Wade. This Article bridges this gap in the abortion discussion by …

Title Ix’S Protections For Transgender Student Athletes, Scott Skinner-Thompson, Ilona M. Turner

Publications

This article examines legal authority and policy to determine whether transgender students in K-12 schools must be permitted to participate in athletics according to their gender identity, and without any requirement for medical intervention. The articles concludes that such a policy is consistent with legal authority under Title IX and Title VII and, more importantly, best advances the well-being of already vulnerable transgender youth by helping to incorporate and include such students in activities that are critical to physical, social, mental, emotional development, and health.

Part II of this article briefly details the history of Title IX with respect to …

High Court To Consider Global Aids Funding Restrictions, Arthur S. Leonard

Other Publications

No abstract provided.

Us Ninth Circuit Revives Russian Gay Asylum Seeker’S Bid, Arthur S. Leonard

Other Publications

No abstract provided.

Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick

All Faculty Scholarship

Despite our country’s efforts to eliminate it, there remain pay and achievement gaps between men and women in the workplace. This article summarizes legal approaches to close the gap, constitutional developments that have slowed government’s power to address the inequality, worrisome trends in recent cases, and the implications of these. This article proposes a future of utilizing congress’s taxing power to address inequalities.

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

Moving Beyond "Slaves, Sinners, And Saviors": An Intersectional Feminist Analysis Of Us Sex-Trafficking Discourses, Law And Policy, Carrie N. Baker

Journal of Feminist Scholarship

This article analyzes stories and images of sex trafficking in current mainstream US public discourses, including government publications, NGO materials, news media, and popular films. Noting the similarities and differences among these discourses, the first part demonstrates that they often frame sex trafficking using a rescue narrative that reiterates traditional beliefs and values regarding gender, sexuality, and nationality, relying heavily on patriarchal and orientalist tropes. Reflecting this rescue narrative, mainstream public policies focus on criminal justice solutions to trafficking. The second part suggests alternative frameworks that empower rather than rescue trafficked people. The article argues that the dominant criminal justice …

The Slutwalk Movement: A Study In Transnational Feminist Activism, Joetta L. Carr

Journal of Feminist Scholarship

In the past two years the term "slut" ricocheted through the North American media and showed up on signs and banners on every continent as young feminists and their allies launched a series of demonstrations under the name of SlutWalks. In January 2011, a Toronto police officer told students at York University that if women wanted to avoid rape they should not dress like sluts. This incident sparked international outrage, with protests spreading quickly throughout the world, and revealed the misogyny and victim-blaming vitriol that characterize contemporary patriarchal culture. In the wake of the global SlutWalk movement, important questions have …

Breaking The Gender Binary: Feminism And Transgressive Female Desire In Lucía Etxebarria's Beatriz Y Los Cuerpos Celestes And La Eva Futura/La Letra Futura, Lauren Applegate

Journal of Feminist Scholarship

The popular texts of Spanish author Lucía Etxebarria have created a polemical social phenomenon in contemporary Spain for their blatant depiction of a world of violence, drugs, and experimental sex of the late-millennium youth culture of Generación X. These topics, along with Etxebarria's public persona and feminist ideology, have fomented much public criticism and given rise to discussion of the current status of feminism, gender norms, and women's authorship in Spain today. This article analyzes Etxebarria's novel Beatriz y los cuerpos celestes and her collection of feminist essays La Eva futura/La letra futura, demonstrating that Etxebarria's depiction of female desire …

A Dilemma Of Doctrinal Design: Rights, Identity And The Work-Family Conflict, Lauren Sudeall Lucas

Faculty Publications By Year

This symposium article suggests that with regard to the work-family conflict, we may have exhausted doctrine’s potential in setting a constitutional foundation for women to be treated as equals in the workplace and requiring that they not be discriminated against in the event that they decide to start a family. For purposes of this piece, those accomplishments constitute the first phase or “first generation” of progress. This article is concerned with how doctrine relates to “second generation” issues arising from the work-family conflict: how to balance work and family once some initial level of equality has been achieved; how to …