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Law and Gender

2011

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Articles 1 - 30 of 123

Full-Text Articles in Law

Barriers To Women's Access To Justice In Haiti, Meena Jagannath Dec 2011

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview of the …

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Normal For Whom? Gender Acculturation In Native American Communities, Elizabeth C. Lyons Nov 2011

Normal For Whom? Gender Acculturation In Native American Communities, Elizabeth C. Lyons

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Let Women Choose What Is Best For Their Bodies And Babies: Why Illinois Should Legalize Direct-Entry Midwifery, Theresa Kleinhaus Nov 2011

Let Women Choose What Is Best For Their Bodies And Babies: Why Illinois Should Legalize Direct-Entry Midwifery, Theresa Kleinhaus

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Sheltering Victims: The Need For Regulations In Domestic Violence Asylum Law, Angel Marie Graf Nov 2011

Sheltering Victims: The Need For Regulations In Domestic Violence Asylum Law, Angel Marie Graf

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Trafficking In Europe: An Analysis Of The Effectiveness Of European Law, Saadiya Chaudary Oct 2011

Trafficking In Europe: An Analysis Of The Effectiveness Of European Law, Saadiya Chaudary

Michigan Journal of International Law

This Essay looks at the manifestation of various forms of human trafficking within Europe and analyzes the effectiveness of current European law provisions in combating trafficking and protecting victims. The Essay will accomplish this by examining recent and current cases before the European Court of Human Rights and the comparative gap between European standards and domestic procedures in the United Kingdom. The United Kingdom is a well-known destination state for trafficking victims' and consequently is required to meet obligations under international law toward a significant number of individuals who have been forced into exploitation in the United Kingdom.

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Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke Oct 2011

Beyond Equality? Against The Universal Turn In Workplace Protection, Jessica A. Clarke

Indiana Law Journal

Sexual harassment law and family leave policy originated as feminist reform projects designed to protect women in the workplace. But many academics now ask whether harassment and leave policies have outgrown their gendered roots. The anti-bullying movement advocates taking the “sexual” out of harassment law to prohibit all forms of on-the-job mistreatment. Likewise, the work-life balance movement advocates taking the “family” out of leave policy to require employers to accommodate all types of life pursuits. These proposals are in line with recent cases and scholarship on civil rights that reframe problems once seen as issues of inequality as deprivations of …

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Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri Oct 2011

Between Victim And Agent: A Third-Way Feminist Account Of Trafficking For Sex Work, Shelley Cavalieri

Indiana Law Journal

Feminist legal theorists have devoted enormous attention to conceptualizing the issues of sex work and trafficking for sexual purposes. While these theories vary, they typically fall into one of two camps. The abolitionist perspective, having grown out of dominance feminist theory, perceives sex work as inherently exploitative. In contrast, a second group of theorists adopts a liberal notion of individual choice and draws on the poststructuralist rejection of gender essentialism to envision a theoretical model of sex-worker rights. The legal and public policies that grow from these two models are similarly polarized. Radical feminist abolitionists are often strange bedfellows with …

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Human Rights Legislation In The Arab World: The Case Of Human Trafficking, Mohamed Y. Mattar Oct 2011

Human Rights Legislation In The Arab World: The Case Of Human Trafficking, Mohamed Y. Mattar

Michigan Journal of International Law

In the Arab World, human rights legislation has not always enhanced human rights. In fact, many national laws have been adopted that restrict human rights. Some countries' laws regulating nongovernmental organizations (NGOs) do not allow NGOs to receive funding from foreign entities. Media laws impose various limitations on the press. Jordan is the only Arab nation to enforce a comprehensive law on combating violence against women. Jordan is also the only country that has a law on access to information. Despite these gaps in human rights legislation, many Arab countries have passed comprehensive laws to combat human trafficking since the …

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Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman Oct 2011

Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman

Michigan Journal of International Law

At the symposium on "Successes and Failures in International Human Trafficking Law" at the University of Michigan Law School in February 2011, I addressed the topic of international sex trafficking law, particularly the Swedish law that prohibits the purchase of sex while simultaneously decriminalizing the prostituted person. Being asked to address trafficking, I was surprised by the name given to my panel: "Kidnapped at Home, Sold Abroad: Sex Trafficking in the International Community." This surprise was owing to the fact that in the most current international instrument defining trafficking, the United Nation's so-called Palermo Protocol, nowhere is the term "kidnapping" …

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Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark Sep 2011

Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss Sep 2011

Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

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Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon Sep 2011

Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon

Buffalo Journal of Gender, Law & Social Policy

This paper examines the significant weight that courts accord proof of especially "severe" conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the "severe or pervasive" test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof that the harassing conduct occurred with great frequency.' Part I provides an introduction to the Supreme Court's hostile work environment jurisprudence and the origins of the severe or pervasive test. Part II begins the exploration into the disjunctive nature of the severe or pervasive test. …

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Sugar Dating: A New Take On An Old Issue, Alex Miller Sep 2011

Sugar Dating: A New Take On An Old Issue, Alex Miller

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

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Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton Sep 2011

Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

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"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur Sep 2011

"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur

Buffalo Human Rights Law Review

This article explores the contours of development policies as they have been applied to pluralistic legal systems, with a specific focus on their effects on women in post-conflict African countries. Drawing on research that firmly establishes the importance of women's social, economic and political participation in post-conflict development, it identifies the flaws in gender-neutral land titling initiatives introduced and encouraged by development institutions. It then describes the gender-sensitive laws enacted as a response to continuing gender discriminatory practices in Rwanda, Mozambique and Uganda. While taking into account the existence of customary law, these laws explicitly affirm women's rights with respect …

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Band-Aid Solutions: New York’S Piecemeal Attempt To Address Legal Issues Created By Doma In Conjunction With Advances In Surrogacy, James Healy Jul 2011

Band-Aid Solutions: New York’S Piecemeal Attempt To Address Legal Issues Created By Doma In Conjunction With Advances In Surrogacy, James Healy

Pace Law Review

No abstract provided.

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Second Annual Golden Gate University School Of Law Chief Justice Ronald M. George Distinguished Lecture: Women Chief Justices Jun 2011

Second Annual Golden Gate University School Of Law Chief Justice Ronald M. George Distinguished Lecture: Women Chief Justices

Golden Gate University Law Review

This is a transcript of the lecture held on October 12, 2010. Please see also the Ronald M. George Distinguished Lecture Series.

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Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam Jun 2011

Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam

Chicago-Kent Law Review

Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …

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Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake May 2011

Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Women And Reproduction: From Control To Autonomy? The Case Of Chile, Lidia B. Casas May 2011

Women And Reproduction: From Control To Autonomy? The Case Of Chile, Lidia B. Casas

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera May 2011

International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Northwestern University School Of Law's Two Year Work Requirement And Its Possible Effects On Women: Another Tile In The Glass Ceiling?, Kathleen Kunkle Gilbert May 2011

Northwestern University School Of Law's Two Year Work Requirement And Its Possible Effects On Women: Another Tile In The Glass Ceiling?, Kathleen Kunkle Gilbert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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International And Regional Standards For Protecting Victims Of Domestic Violence, Andreea Vesa May 2011

International And Regional Standards For Protecting Victims Of Domestic Violence, Andreea Vesa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Behind The Wedding Veil: Child Marriage As A Form Of Trafficking In Girls, Elizabeth Warner May 2011

Behind The Wedding Veil: Child Marriage As A Form Of Trafficking In Girls, Elizabeth Warner

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn Apr 2011

Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn

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

This article commences with a discussion of transitional constitutional
design and the ways in which the branches of government
relate to one another, focusing on the consequences of these structures
for women. We are convinced that an analysis of the rights-bearing
portions of a constitution alone is insufficient to fully capture the way
in which power is structured and experienced. Consistent with other
scholars, we start from the view that “constitutions are derived from
a social contract between the constituents who will be governed and
the political actors who will govern; they explain how the society
and government will operate …

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Securing Gender-Based Persecution Claims: A Proposed Amendment To Asylum Law, Lucy Akinyi Orinda Apr 2011

Securing Gender-Based Persecution Claims: A Proposed Amendment To Asylum Law, Lucy Akinyi Orinda

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

No abstract provided.

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Food Sovereignty Is A Gendered Issue, Maggie Ellinger-Locke Apr 2011

Food Sovereignty Is A Gendered Issue, Maggie Ellinger-Locke

Buffalo Environmental Law Journal

No abstract provided.

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Letter To Our Readers, Jessica Huynh, Carin Mcdonald Apr 2011

Letter To Our Readers, Jessica Huynh, Carin Mcdonald

DePaul Journal of Women, Gender and the Law

No abstract provided.

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When Your Boss "Friends" You: Social Media And The Hostile Environment Claim, Stephanie A. Kevil Apr 2011

When Your Boss "Friends" You: Social Media And The Hostile Environment Claim, Stephanie A. Kevil

DePaul Journal of Women, Gender and the Law

No abstract provided.

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Putting Down The Pom Poms: The National Collegiate Athletic Association Should Stop Ignoring Competitive Cheer And Grant These Athletic Teams Ncaa Emerging Sport Status, E. Emily Richards Apr 2011

Putting Down The Pom Poms: The National Collegiate Athletic Association Should Stop Ignoring Competitive Cheer And Grant These Athletic Teams Ncaa Emerging Sport Status, E. Emily Richards

DePaul Journal of Women, Gender and the Law

No abstract provided.

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