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Full-Text Articles in Law

Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath May 2016

Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath

Susan Ayres

This article offers a reading of Hilary Brougher’s film Stephanie Daley (2006), in which a teen is accused of murdering her newborn (neonaticide). Brougher depicts a “phenomenology of unwanted pregnancy” and an example of therapeutic jurisprudence. Part One examines Brougher’s treatment of the “shadow side of pregnancy,” and highlights barriers to the empathetic treatment of neonaticide. Part Two emphasizes the process of therapeutic jurisprudence as experienced by the two main characters. Brougher’s film provides a social narrative and phenomenology that may influence laws and legal responses and enlarge social understanding of unwanted pregnancy.


Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou Dec 2013

Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou

Nichole Georgeou

This paper explores the implementation of a regional capacity-building program in Solomon Islands, a state that experienced significant violence and political tension between 1998 and 2003. The July 2003 intervention of the Regional Assistance Mission to Solomon Islands (RAMSI) is a useful and relevant case study for understanding the operationalization of Pillar II of RtoP, which the authors have termed the “Responsibility to Assist” (RtoA). While RAMSI has not consciously adopted RtoP language in its operations, the rationale for the intervention included humanitarian as well as wider regional security concerns. The mission’s emphasis on developing the state’s capacities ...


Marriage Rights For Transgender People In Hong Kong: Reading The W Case, John Nguyet Erni Dec 2013

Marriage Rights For Transgender People In Hong Kong: Reading The W Case, John Nguyet Erni

Professor John Nguyet Erni

This paper concerns a highly publicized Court case in Hong Kong, regarding a transsexual woman’s right to marriage. In 2010, Miss “W,” as she has been known, sought recognition of post-operative transsexuals as a legitimate “man” or “woman” in a matrimonial union. She also sought declaration from the Court that should such recognition be denied, the existing marriage laws should be pronounced unconstitutional. After several rounds of litigation, the Court of Final Appeal ruled in W’s favor, setting a groundbreaking precedent in gender-related jurisprudence in Hong Kong. This paper first briefly discusses the legal and social context for ...


Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley Dec 2013

Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley

Winston E. Langley

Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.


Lessons About Reform From “A Very Dangerous Woman”, Sherry Penney, James Livingston Jul 2012

Lessons About Reform From “A Very Dangerous Woman”, Sherry Penney, James Livingston

Sherry Penney

We discuss reform in antebellum America through the life of Martha Coffin Wright, an activist in the abolition and early women’s rights movements. Consideration of her motivations for reform; the obstacles faced by these movements; their methods, successes, and failures, may offer guidelines for reformers of today.


Save Martha Stewart? Observations About Equal Justice In U.S. Insider Trading Regulation, Joan Heminway Oct 2011

Save Martha Stewart? Observations About Equal Justice In U.S. Insider Trading Regulation, Joan Heminway

Joan M Heminway

Martha Stewart is the subject of a civil enforcement action alleging violations of U.S. securities laws and regulations governing insider trading. The facts, as we now know them, suggest that the considerable governmental resources spent in pursuit of Martha Stewart (which are out of proportion to the apparent financial magnitude of any illegal trading activity) result from an express decision to single her out for potential criminal prosecution or civil enforcement based on some personal characteristic or characteristics. After describing the basic structure of insider trading regulation in the United States, this paper identifies potential structural sources of selective ...


The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Heminway Oct 2011

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Heminway

Joan M Heminway

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men ...


Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia Dec 2008

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Female Genital Mutilation And Female Genital Cutting, Hope Lewis Dec 2008

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless ...


Queer Transitions In Contemporary Spanish Culture: From Franco To La Movida, Gema Pérez-Sánchez Dec 2006

Queer Transitions In Contemporary Spanish Culture: From Franco To La Movida, Gema Pérez-Sánchez

Gema Pérez-Sánchez

Gema Pérez-Sánchez argues that the process of political and cultural transition from dictatorship to democracy in Spain can be read allegorically as a shift from a dictatorship that followed a self-loathing “homosexual” model to a democracy that identified as a pluralized “queer” body. Focusing on the urban cultural phenomenon of la movida, she offers a sustained analysis of high queer culture, as represented by novels, along with an examination of low queer culture, as represented by comic books and films. Pérez-Sánchez shows that urban queer culture played a defining role in the cultural and political processes that helped to move ...


Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan Jul 2005

Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan

Rose Corrigan

No abstract provided.


Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis Dec 2002

Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis

Hope Lewis

Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that ...


Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning Dec 1997

Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning

Hope Lewis

Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to ...


Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis Dec 1997

Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Hope Lewis

Although there have been great strides in feminist human rights efforts in developing methods to prevent domestic violence and other forms of "private" violence against women, feminists still have far to go. For instance, feminists have only recently begun to acknowledge that physical, social, and economic violence against women, especially poor women of color, is perpetuated in part by top-down globalization. This Article demonstrates how Critical Race Feminist analysis, a set of approaches to legal scholarship rooted in feminist and anti-racist critical traditions, reconceptualizes the human rights problems facing Black women who migrate between the United States and Jamaica. Like ...


Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis Mar 1995

Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis

Hope Lewis

“Irua,” or female genital surgery (“FGS”), involves the most private aspects of individual female physical and cultural identity. Yet, the health risks caused by FGS raised concern in cultures in which FGS is not traditionally practiced. There has been extensive dialogue regarding the implications of FGS for cross-cultural feminist approaches to human rights. This Article examines the controversy over FGS terminology as it reflects more complex debates over FGS as a violation of international human rights. It further assesses the reasons offered to justify Western feminists’ participation in cross-cultural strides to address FGS through human rights law. In addition, the ...