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Full-Text Articles in Law

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith Sep 2023

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith

Dissertations, Theses, and Capstone Projects

This thesis investigates the challenges faced by Black trans people. In this thesis, I will explore how protest is used to highlight and confront the obstacles faced by the Black trans community. I will also examine the cultural work of Black trans people and what they teach us. The Brooklyn Liberation march and the TV show Pose is an important part of Black trans legacy. They both look at the complications surrounding Black trans lives and contributes to Black trans representation in protesting and fighting marginalization. This thesis will argue the importance of allyship to create safe space for Black …


The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi Jan 2022

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …


The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood Oct 2020

The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood

Publications and Research

Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents recommendations …


Emergent Women's Global Political Leadership: Progress Despite Constraints, Aoife Meehan Jan 2020

Emergent Women's Global Political Leadership: Progress Despite Constraints, Aoife Meehan

Dissertations and Theses

“Emergent Women’s Global Political Leadership: Progress Despite Constraints” seeks to trace why and how female political leaders emerge at the global level. Evidence points to certain cultural factors, often expressed by laws, constraining or supporting women as they seek political advancement. Data shows women leaders are emerging more and more, though slowly, as political leaders around the world. Reviewing women’s participation and representation regionally and nationally in parliaments, as ministers, and as heads of governments and states confirms that women can and do emerge as political leaders. Finally, learning about and examining women leaders themselves, their style and substance, proves …


Gender And Terrorism: A Homeland Security Perspective, Diana Rosa Rodriguez-Spahia Sep 2018

Gender And Terrorism: A Homeland Security Perspective, Diana Rosa Rodriguez-Spahia

Dissertations, Theses, and Capstone Projects

While scholars have been studying the growing trend of female terrorists for several years, their research has not permeated politics or the media to help inform our Homeland Security policies. The findings from this body of research indicate that there is hesitance on behalf of the public (especially politicians and law enforcement) to acknowledge that women can be terrorists due to deeply engrained gender norms and expectations about gender roles. Terrorist groups are exploiting this unwillingness by recruiting more women to perpetrate terrorist acts (Lele, 2014; Bloom, 2011). Against the backdrop of the changes in gender norms and expectations that …


Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough Jan 2018

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …


Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan Jun 2017

Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan

Dissertations, Theses, and Capstone Projects

While both men and women are affected by conflicts and humanitarian crises, 80 percent of the world’s refugees and internally displaced persons are women and children, indicating that women experience conflict and war differently. The emphasis on women’s vulnerability during conflicts and humanitarian crises leads to their exclusion from leadership roles and decision-making on humanitarian programs and issues that impact them. Though women experience numerous socio-cultural barriers to exercising leadership in humanitarian settings, they have taken on important roles in emergency response and in refugee camps. This paper traces the progress of UN and humanitarian agencies recognition and development of …


Third-Party Reproductive Practices: Legislative Inertia And The Need For Nuanced Empirical Data, Susan Markens Jul 2016

Third-Party Reproductive Practices: Legislative Inertia And The Need For Nuanced Empirical Data, Susan Markens

Publications and Research

In their article, ‘Gamete donor anonymity and limits on numbers of offspring: the views of three stakeholders’, Margaret K. Nelson, Rosanna Hertz and Wendy Kramer draw on survey data from gamete donors, parents who used gametes to conceive, and donor-conceived offspring in order to understand the position that various stakeholders are likely to hold regarding the regulation of two issues pertaining to gamete donation: anonymity and limits on numbers of offspring.1 This commentary elaborates on the politics underlying conflicts and agreements among various stakeholders involved with third-party reproduction and details the need for data to better inform legislation regarding assisted …


Can Reproductive Trans Bodies Exist?, Chase Strangio Jul 2016

Can Reproductive Trans Bodies Exist?, Chase Strangio

City University of New York Law Review

No abstract provided.


South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough Jan 2016

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …


How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión Dec 2015

How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión

City University of New York Law Review

No abstract provided.


Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis Oct 2015

Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis

Publications and Research

No abstract provided.


Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough Jan 2015

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …


Vawa @ 20: Introduction, Nishan Bhaumik Dec 2014

Vawa @ 20: Introduction, Nishan Bhaumik

City University of New York Law Review

No abstract provided.


Vawa After The Party: Implementing Proposed Guidelines On Campus Sexual Assault Resolution, Mary P. Koss, Elise C. Lopez Dec 2014

Vawa After The Party: Implementing Proposed Guidelines On Campus Sexual Assault Resolution, Mary P. Koss, Elise C. Lopez

City University of New York Law Review

No abstract provided.


Roll Back "Prison Nation", Donna Coke Dec 2014

Roll Back "Prison Nation", Donna Coke

City University of New York Law Review

No abstract provided.


Vawa @ 20: Raising The Visibility Of The Margins And The Responsibility Of The Mainstream, Marcia Olivo, Kelly Miller Dec 2014

Vawa @ 20: Raising The Visibility Of The Margins And The Responsibility Of The Mainstream, Marcia Olivo, Kelly Miller

City University of New York Law Review

No abstract provided.


Vawa @ 20: Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed Dec 2014

Vawa @ 20: Hiv, Violence Against Women, And Criminal Law Interventions, Aziza Ahmed

City University of New York Law Review

No abstract provided.


Stalled At 20: Vawa, The Criminal Justice System, And The Possibilities Of Restorative Justice, Leigh Goodmark Dec 2014

Stalled At 20: Vawa, The Criminal Justice System, And The Possibilities Of Restorative Justice, Leigh Goodmark

City University of New York Law Review

No abstract provided.


Vawa @ 20: Art, Violence, And Women, Yxta Maya Murray Dec 2014

Vawa @ 20: Art, Violence, And Women, Yxta Maya Murray

City University of New York Law Review

No abstract provided.


Vawa @ 20: The Politics Of Pretext: Vawa Goes Global, Deborah M. Weissman Dec 2014

Vawa @ 20: The Politics Of Pretext: Vawa Goes Global, Deborah M. Weissman

City University of New York Law Review

No abstract provided.


Vawa @ 20: Gender Violence And Civil Rights, Julie Goldscheid Dec 2014

Vawa @ 20: Gender Violence And Civil Rights, Julie Goldscheid

City University of New York Law Review

No abstract provided.


A Disappearing Act: The Dwindling Analysis Of The Anti-Violence Movement, Kerry Toner Nov 2014

A Disappearing Act: The Dwindling Analysis Of The Anti-Violence Movement, Kerry Toner

City University of New York Law Review

No abstract provided.


Vawa In The Lives Of Battered South Asian Women In The United States, Shamita Das Dasgupta Nov 2014

Vawa In The Lives Of Battered South Asian Women In The United States, Shamita Das Dasgupta

City University of New York Law Review

No abstract provided.


Vawa @ 20: The Gender Justice Movement: The Fullest Expression Of The Former Battered Women's Movement And The Domestic Violence Movement, Tiloma Jayasinghe Nov 2014

Vawa @ 20: The Gender Justice Movement: The Fullest Expression Of The Former Battered Women's Movement And The Domestic Violence Movement, Tiloma Jayasinghe

City University of New York Law Review

No abstract provided.


Vawa @ 20: Vawa And Welfare Reform: Criminalizing The Most Marginalized Women, Ann Cammett Nov 2014

Vawa @ 20: Vawa And Welfare Reform: Criminalizing The Most Marginalized Women, Ann Cammett

City University of New York Law Review

No abstract provided.


Vawa @ 20: Improving Civil Legal Assistance For Ending Gender Violence, Elizabeth L. Macdowell Nov 2014

Vawa @ 20: Improving Civil Legal Assistance For Ending Gender Violence, Elizabeth L. Macdowell

City University of New York Law Review

No abstract provided.


Vawa @ 20: The Mainstreaming Of The Criminalization Critique: Reflections On Vawa 20 Years Later, Mimi E. Kim Nov 2014

Vawa @ 20: The Mainstreaming Of The Criminalization Critique: Reflections On Vawa 20 Years Later, Mimi E. Kim

City University of New York Law Review

No abstract provided.


Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid Jan 2014

Gender Neutrality And The “Violence Against Women” Frame, Julie Goldscheid

Publications and Research

The challenge of sustaining a progressive framework that continues to resonate in the complex aftermath of a generation of reforms lies at the heart of many current debates about gender violence legal and policy reform. This Article addresses one longstanding issue: the way gender violence is framed in law, policy, and popular rhetoric. Many initiatives continue to use the gender-specific “violence against women” frame as a default description. That “woman-specific” frame, developed in service of feminist goals such as foregrounding and challenging gender bias and fostering more inclusive delivery of social and other services, now raises empirical, theoretical, political and …


Male Asylum Applicants Who Fear Becoming The Victims Of Honor Killings: The Case For Gender Equality, Caitlin Steinke Dec 2013

Male Asylum Applicants Who Fear Becoming The Victims Of Honor Killings: The Case For Gender Equality, Caitlin Steinke

City University of New York Law Review

No abstract provided.