Law Commons^™

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …

The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams

San Diego International Law Journal

This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …

Lucky: The Sequel, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

Lucky: The Sequel is a review essay based on Alice Sebold’s 1999 memoir Lucky in which Sebold describes her own rape as a college student, her experiences as a rape victim and her navigation of the legal system. Chamallas uses Sebold’s rape narrative to explore themes of particular interest to feminist legal scholars. She discusses the intersection of race and rape, the continuing controversy surrounding the categorization of rape as a crime of violence versus a sex crime and the usefulness of considering the social and cultural dimensions of the trauma of rape.

Civil Rights In Ordinary Tort Cases: Race, Gender, And The Calculation Of Economic Loss, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

This article explores race and sex bias in the computation of damages for loss of future earning capacity, an important component of economic loss in personal injury cases. It analyzes recent cases in the United States and in Canada which reject the use of race and sex-based tables to determine awards for female and minority plaintiffs and explains the method used by the special master in the September 11th Compensation Fund. Chamallas explores objections to reform -- from both the “right” and the “left” –- and makes the case for connecting civil rights principles to civil litigation.

The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas

The Ohio State University Moritz College of Law Working Paper Series

This essay discusses the predicament of women law professors in an era when the representation of women on law faculties has reached a “critical mass.” It explores three mechanisms for reproducing gender inequality: (1) self-fulfilling stereotypes, (2) gender-specific comparison groups, and (3) the accumulation of small disadvantages. Chamallas uses stories from her own and colleagues’ experiences to illustrate contemporary forms of bias.

A Policy Of Mediocrity: A Review Of United States Policy Concerning The Women Of Afghanistan, Meghan Hallock

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Lessons From Small Cases: Reflections On Dodson V. Arkansas Activities Association, Polly J. Price

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction To Special Collection: Seminar Papers On Women And Islamic Law, Christie S. Warren

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Out Of Jahiliyya: Historic And Modern Incarnations Of Polygamy In The Islamic World, Brooke D. Rodgers-Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Even In Dreams, They Are Coming": Islamic Fundamentalism And The Education Of Women In Afghanistan, Caroline B. Fleming

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

There Are Worse Things Than Being Alone: Polygamy In Islam, Past, Present, And Future, Heather Johnson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Lucky: The Sequel, Martha Chamallas

Indiana Law Journal

No abstract provided.

Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins

Faculty Scholarship

By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'⁸ Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, ¹⁹ there remains a strong sense, especially among lawyers and judges, that …

The Power Of Law And Women's Presence In The Thaksin Era, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

The term "law" as used here depicts consistency in ideology, intent, presumption and the imposition of definitions on day-to-day human relations, including male-female relations. The power of law is the process of definition, which takes precedence over experiences, and also takes precedence over the meaning that women give to their own lives.

This paper refutes a rigid division of issues within law and adopts a feminist perspective, rather than that of the mainstream structure. Issues identified as significant by the women’s movement are thus emphasized. I do not refer to law as the only tool feminists need to resort to …

Book Review: Madam Secretary, Dru Stevenson

ExpressO

Review of Madeline Albright's Memoirs

Telling Stories, Saving Lives: The Battered Mothers' Testimony Project, Women's Narratives, And Court Reform, Leigh Goodmark

ExpressO

In November 2002, the Wellesley Centers for Women’s Battered Mothers’ Testimony Project released Battered Mothers Speak Out, a report detailing human rights abuses committed against forty battered mothers and their children who had litigated cases in the Massachusetts family court system. Although the report initially generated a great deal of attention, the response from the courts was overwhelmingly negative, and the report prompted no change in the courts. Because the stories of these women resonated with my own experiences representing battered women, I wondered why the report had so little effect on system change. The official response of the courts …

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

Working Paper Series

This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a threat to U.S. national security than many people who are able to secure visas to the United States quickly and with fewer background checks. Despite their vulnerability and lack of …

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

ExpressO

Abstract of The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-9/11 World Marisa S. Cianciarulo, Reuschlein Clinical Teaching Fellow, Villanova University School of Law This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a …

Foreword To Symposium 2004: Attrition Of Women From The Legal Profession, Brooke D. Rodgers-Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Separate Crime Of Reckless Sex, Katharine K. Baker

All Faculty Scholarship

This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …

Gender And Emotion In Criminal Law, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Women Lawyers, Their Status, Influence, And Retention In The Legal Profession, Paula A. Patton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Engendering Legal History, Felice J. Batlan

Felice J Batlan

No abstract provided.

Judicial Deference Or Bad Law? Why Massachusetts Courts Will Not Impose Municipal Liability For Failure To Enforce Restraining Orders, Carolyn Grose

Faculty Scholarship

The authors take up the challenge that was thrown down by the Ford v. Town of Grafton court. The first part of this Article examines the somewhat tortured and fascinating history of the Massachusetts Tort Claims Act. It then describes the arguments Catherine Ford made, how the court responded, and why it responded as it did. In Part II, Massachusetts' strong commitment to protecting and assisting victims of domestic violence is examined. A variety of legislative, executive and judicial initiatives that demonstrate commitment are described, but the Massachusetts General Laws Chapter 209A, the restraining order statute, is emphasized. The article …

Bankruptcy Reform And The Financial Well-Being Of Women: How Intersectionality Matters In Money Matters, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

After eight years of heated controversy, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was signed into law by president Bush on April 20, 2005. Proponents of the Act claimed that it would cure the bankruptcy crisis and that the wealthy would no longer be allowed to abuse the system at the expense of hard-working American families. Opponents cast the legislation as a dream come true for the credit card companies, claiming that it would serve only to enrich the rich at the expense of the poorest of the poor. One of the key issues that emerged from …

An Implied Warranty Of Freedom From Sexual Harassment: The Solution For Harassed Tenants Where The Fair Housing Act Has Failed, Theresa Keeley

University of Michigan Journal of Law Reform

Although sexual harassment in the workplace is recognized as a problem, sexual harassment in housing has largely been ignored. When confronting sexual harassment in housing, courts have borrowed standards for sexual harassment in the workplace. Criticism of this practice exists; however this Article examines the real source of the problem: bringing sexual harassment claims under the Fair Housing Act. Specifically, this Article shows how and why the Fair Housing Act fails to address the problem of sexual harassment in housing. To remedy this failure, this Article proposes an "implied warranty of freedom from sexual harassment" that both restores the tenant's …

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George

Michigan Journal of International Law

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …