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Full-Text Articles in Law
Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun
Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun
Buffalo Human Rights Law Review
Among the various forms of sexual violence perpetrated against the girl-child, breast ironing remains largely obscured due to its underreporting. Yet thousands of girls, especially in Sub-Saharan Africa where it is most prevalent, continue to suffer in silence. These girls are not just exposed to the immediate violence of this act, but they also carry the scar of this human rights violation for life. With the scholarly focus on the practice rather scant, the necessary legal response has also been checkmated. The goal of this article is to bring international focus to this problem by examining the practice in the …
Patriarchal Violence, Rona Kaufman
Patriarchal Violence, Rona Kaufman
Buffalo Law Review
For over a century, feminist theorists and activists have sought equality for women. They have aimed their efforts at the many distinct and related causes of women’s inequality, among them gendered violence, sexual violence, domestic violence, and violence against women. Recognizing the need to understand problems in order to solve them, feminist theorists have devoted decades to conceptualizing various manifestations of such violence, ranging from private acts, such as sexual assault and intimate partner abuse, to public acts, such as the incarceration of mothers and the criminalization of pregnancy. In this article, I argue in favor of conceptualizing the many …
Talking About Talking About Surrogacy, Michael Boucai
Talking About Talking About Surrogacy, Michael Boucai
Buffalo Law Review
No abstract provided.
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy
You Need To Calm Down: Examining The Origin And Eliminating The Future Of The “Gay Panic” Defense, Laura R. Conboy
Buffalo Law Review
No abstract provided.
Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman
Bostock’S Paradox: Textualism, Legal Justice, And The Constitution, Marc Spindelman
Buffalo Law Review
The Supreme Court’s opinion in Bostock v. Clayton County, Georgia—recognizing that anti-gay and anti-trans discrimination are forms of sex discrimination under Title VII of the 1964 Civil Rights Act—has already gained a steady reputation as a textualist statutory interpretation decision. The reality of the ruling is far more complicated than that. Bostock is a textualist decision, but, as the argument here shows, Bostock also offers a construction of Title VII’s sex discrimination rule that sounds in a rule-of-law norm of legal justice about LGBT equality that itself traces roots to the Supreme Court’s constitutional LGBT rights jurisprudence. Bostock’s rule-of-law norm …
Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson
Mayor Pete, Obergefell Gays, And White Male Privilege, Russell K. Robinson
Buffalo Law Review
This Article argues that Mayor Pete Buttigieg seized the national imagination and a substantial number of Democratic delegates through the combination of his gay identity and his alignment with masculinity norms generally assigned to heterosexual men, and by taking aim at more senior and qualified women candidates, namely Senators Elizabeth Warren and Amy Klobuchar. Buttigieg’s unprecedented success suggests that some White gay men now enjoy a unique pathway to reclaiming their status as men and asserting White male privilege. In short, contrary to pervasive media claims, Buttigieg’s success should be read as a breakthrough for certain White gay men, but …
The “Pink Ghettos” Of Public Interest Law: An Open Secret, Sandra Simkins
The “Pink Ghettos” Of Public Interest Law: An Open Secret, Sandra Simkins
Buffalo Law Review
There is a downside to public interest law careers and law school pro bono work for women. Law schools cue women to enter and remain at lower rungs of the profession by normalizing women in “caregiving” roles and locking predominantly female clinicians who do public interest work into a lower level status. The ABA contributes to this structural devaluation by ignoring female public interest lawyers. When combined with the culture of public interest organizations, these factors contribute to women’s stagnant progress in the legal profession.
This Article is the first to address this issue comprehensively. It describes the challenges women …
Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister
Sexual Orientation Discrimination As A Form Of Sex-Plus Discrimination, Marc Chase Mcallister
Buffalo Law Review
This Article examines whether sexual orientation discrimination claims are a form of sex-plus discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination in employment on the basis of “sex.” Until very recently, every United States Court of Appeals to have interpreted Title VII’s prohibition of sex discrimination had determined that it does not encompass claims on the basis of sexual orientation. Times, and judicial interpretations, are changing. In April 2017, the United States Court of Appeals for the Seventh Circuit overturned decades of precedent by holding that sexual orientation discrimination claims are indeed encompassed …
Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré
Now We Know Better: A New Legal Framework On Sex To Better Promote Autonomy, Equality, Diversity And Care For The Poor, Helen M. Alvaré
Buffalo Law Review
Over especially the last 50 to 60 years, US laws and policies concerning the sexual relationships between men and women have more consciously articulated a need to pursue social justice according to the categories of autonomy, equality, diversity and care for the poor. These categories are admirable on their face and responsive to the times in which they emerged. They are particularly well-suited to the history of discrimination against women and African Americans in the US. They were strongly influenced, inter alia, by the development of contraceptive technology and an array of social welfare initiatives, the rise of feminism and …
Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel
Gender Diversity And Disparity In The Legal Profession: An Empirical Analysis Of The Gender Profile In National Law Firms And Law Schools, Edward S. Adams, Samuel P. Engel
Buffalo Law Review
No abstract provided.
My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White
My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White
Buffalo Law Review
No abstract provided.
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Buffalo Law Review
No abstract provided.
Keepin' It "Real": Israel's Segregation Of Transgender Prisoners And The Transgender/Cisgender Binary, Lihi Yona
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens
An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper
Gender Identity Behind Bars: An Analysis Of Kosilek V. Spencer, Moira Cooper
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis
The Fourth Amendment In Schools: An Ambiguous Precedent And The Role Of Gender In Determining Reasonableness, Maria M. Lewis
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso
Veterans As Victims Of Military Sexual Assault: Unequal Access To Ptsd Disability Benefits And Judicial Remedies, Alexandra Besso
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Thinking Slow About Sexual Assault In The Military, Matthew Burris
Thinking Slow About Sexual Assault In The Military, Matthew Burris
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael L. Buenger
Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael L. Buenger
Buffalo Human Rights Law Review
Human rights agreements like the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) contain language that seeks to inspire and establish the legal boundaries of state action with regards to protected rights. Such agreements also contain reservation provisions that enable states to join an agreement and simultaneously exempt themselves from the very substantive goals the agreement seeks to achieve. In the past, the issue of reservation compatibility has been treated as political questions under an objection process. Establishing a mechanism for testing reservation compatibility before the International Court of Justice is a better means of ensuring …
Natural Law, Equality, And Same-Sex Marriage, Perry Dane
Natural Law, Equality, And Same-Sex Marriage, Perry Dane
Buffalo Law Review
No abstract provided.
The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark
The Role Of Clinical Legal Education In The Future Of The Battered Women's Movement, Leigh Goodmark
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy
Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin
Unlocking Family Court's Potential For Public Health Promotion, Catherine Cerulli, Ann Marie White, Nancy Chin, Neil Mclaughlin
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino
Violent Relationships And The Ensuing Effects On Children: Should New York Adopt A Rebuttable Presumption Against Awarding Custody To Batterers?, Elizabeth Monachino
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp
Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Fear Of The Queer Child, Clifford J. Rosky
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris
Buffalo Law Review
No abstract provided.
Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith
Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith
Buffalo Law Review
No abstract provided.
Two Stories About Two Currencies Of Care, Hendrik Hartog
Two Stories About Two Currencies Of Care, Hendrik Hartog
Buffalo Law Review
No abstract provided.