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Articles 1 - 30 of 48
Full-Text Articles in Law
Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia
Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia
Articles
In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Articles
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …
When Teachers Misgender: The Free Speech Claims Of Public School Teachers, Caroline Mala Corbin
When Teachers Misgender: The Free Speech Claims Of Public School Teachers, Caroline Mala Corbin
Articles
No abstract provided.
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Articles
No abstract provided.
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez
Articles
No abstract provided.
Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona
Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona
Articles
No abstract provided.
The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois
The Paris Agreement Compliance Mechanism: Beyond Cop 26, Jessica Owley, Imad Antoined Ibrahim, Sandrine Maljean-Dubois
Articles
Without an international tribunal or tools like trade sanctions, there is little to coerce or encourage adherence with environmental treaties. The Paris Agreement, the governing global agreement to address climate change, relies on voluntary global cooperation. Countries determine their own commitments by setting nationally determined contributions of greenhouse gases emissions. The main mandatory elements of the agreement are reporting requirements. The success of the agreement turns on whether countries comply with these requirements. Article 15 of the Paris Agreement establishes a Compliance Committee and sets forth the mechanisms to ensure and facilitate compliance with the agreement. Yet, as with the …
Restorative Approaches To Intimate Partner Violence And Sexual Harm, Donna Coker (Ed.)
Restorative Approaches To Intimate Partner Violence And Sexual Harm, Donna Coker (Ed.)
Articles
No abstract provided.
Booktalk: The Cult Of The Constitution, Mary Anne Franks
Booktalk: The Cult Of The Constitution, Mary Anne Franks
Articles
No abstract provided.
Identity: Obstacles And Openings, Osamudia R. James
Identity: Obstacles And Openings, Osamudia R. James
Articles
Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney
Articles
Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay
Articles
No abstract provided.
Men, Women, And Optimal Violence, Mary Anne Franks
Men, Women, And Optimal Violence, Mary Anne Franks
Articles
While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Articles
No abstract provided.
How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks
How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks
Articles
If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks
Articles
No abstract provided.
Roll Back "Prison Nation", Donna Coker
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
I Am/I Am Not: On Angela Harris's Race And Essentialism In Feminist Legal Theory, Mary Anne Franks
Articles
In 1990, Angela Harris wrote an article that interrogated the limitations of feminist legal theory. Nearly a quarter of a century later, the insights and challenges Harris offered in Race and Essentialism in Feminist Legal Theory continue to reverberate. The influence of her ideas can be seen in the fractured and passionate conversations about gender, race, and solidarity occurring both inside and outside of academia. In recent years, we have witnessed an explosion of debate of these topics in social media forums such as Twitter and Facebook. Far from being trivial, the intensity and persistence of these conversations suggest a …
Sexual Harassment 2.0, Mary Anne Franks
Sexual Harassment 2.0, Mary Anne Franks
Articles
Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur in the …
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
Articles
No abstract provided.
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins
Articles
How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …
Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton
Rebecca J. Cook & Simone Cusack, Gender Stereotyping: Transnational Legal Perspectives Book Review, Zanita E. Fenton
Articles
No abstract provided.
The Economic Roots Of Domestic Violence, Donna Coker
Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos
Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos
Articles
The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …
Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks
Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks
Articles
No abstract provided.
Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross
Fact-Finding As A Lawmaking Tool For Advancing Women's Human Rights, Tamar Ezer, Susan Deller Ross
Articles
No abstract provided.
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Articles
No abstract provided.
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Articles
No abstract provided.
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Silence Compounded - The Conjunction Of Race And Gender Violence, Zanita E. Fenton
Articles
No abstract provided.
Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker
Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker
Articles
No abstract provided.