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Articles 1 - 14 of 14
Full-Text Articles in Law
A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform, Eva Augst
CMC Senior Theses
Traditional approaches to philosophical theories of tort law have systematically undermined the individual worth and security interests of women. However, torts also provide a particularly powerful avenue for reform, in that they embody the public power of private law and offer individuals the opportunity to seek recourse and accountability for wrongs. In this paper, I offer a framework for such reformist approaches to tort philosophy, predominantly inspired by Jean Hampton’s “Feminist Contractarianism,” which requires that women be recognized as individuals with intrinsic worth who are deserving of respect. To accomplish this, I first note the particular relevance of social contract …
Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath
Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath
CMC Senior Theses
The increasing awareness and desire to fight sexual violence on college campuses have led to focusing campus adjudication processes on achieving justice. This thesis will analyze Betsy DeVos’s Title IX changes and explore whether she achieves due process protections in the new policy. This thesis will detail DeVos’s various changes – increased evidentiary standard, live hearing and cross-examination, narrowed definitions, reduction of responsible employees, and presumption of innocence for accused students – and how these changes are beneficial or detrimental to due process as a whole. This thesis will also explore the presence of rape culture on college campuses, the …
Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré
Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré
Claremont-UC Undergraduate Research Conference on the European Union
Over the past two decades, the international community has found itself questioning France’s application of laïcité and the egalitarianism it supposedly ensures, particularly regarding veils associated with the Islamic faith. Integral to the face veil debate is the advocacy of French feminists, especially those who identify as pro-ban. Overarchingly, pro-ban feminists argue that the practice of wearing face veils or coverings undermines a French citizen’s obligation to foster cohesion in the public sphere through the acceptance of republican norms. This viewpoint informs the analysis of the state of social division in France undertaken here. The tools of analysis include a …
What We Are Owed: The Possibilities Of A Civil Law Response To Sexual Injuries, Nathalie Marx
What We Are Owed: The Possibilities Of A Civil Law Response To Sexual Injuries, Nathalie Marx
Scripps Senior Theses
Drawing from philosophical, feminist, and legal frameworks, this thesis aims to reconceptualize our understanding of sexual violations. I suggest that rape and other sexual violations produce injuries unique from other forms of physical violence that must be addressed as an extension of a culture which objectifies, restricts the agency of, and shames women. It is argued that through the ability for survivors to bring a civil claim of negligence against their perpetrators following a sexual injury, pathways for restorative healing and cultural transformation are opened, and a more responsive legal standard for fault is created. This paper responds to theories …
A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington
A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington
Scripps Senior Theses
On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Surfacing Contexts Of Violence In Novel Forms Of The Reproductive Justice Framework Through Lessons From Latin America: A Study Of Brutality, Migration And Bodily Autonomy And Progressive Solutions For Use In Public Health, Angelica M. Campos
CMC Senior Theses
In the last 5 years, Latin America has witnessed a tenacious wave of pañuelo verde and #NiUnaMenos activism. Sparked by increasing mortality rates associated with unsafe, clandestine abortions and femicide, the praxes and fundamental elements of these social movements have proven themselves useful not only in garnering international attention on issues relating to bodily autonomy, but in the synthesis of their respective sociopolitical solutions as well. In the United States, similar efforts have been spearheaded by the lauded reproductive justice framework, which has often been credited for centering the plight of women of color in both reproduction and social justice. …
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang
Scripps Senior Theses
This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey
Scripps Senior Theses
Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.
Reconstruction After Genocide: An Analysis Of The Justice System For The Women Victims Of Genocidal Rape In Post-Conflict Bosnia, Hannah E. Gardenswartz
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, Winnie You
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 …
La Tirania De La Invisibilidad: La Necesidad De Reconocer Y Analizar La Violencia De Genero En La Argentina, Laura Mallison
La Tirania De La Invisibilidad: La Necesidad De Reconocer Y Analizar La Violencia De Genero En La Argentina, Laura Mallison
Scripps Senior Theses
This thesis examines gender violence in Argentina in the context of the historic continuum of gender inequality, with a more in-depth analysis of gender violence during the 1976-1983 dictatorship. I argue that gender violence is perpetuated and normalized by its lack of recognition as a political issue with ramifications extending to daily life. I use the construction of a collective memory of the Dictatorship as a framework for making the intricacies of gender violence more visible and provide a detailed analysis of two laws against gender violence to demonstrate its systematic nature. Ultimately, laws are not sufficient to address such …
Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss
Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss
Scripps Senior Theses
During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle
CMC Senior Theses
Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …