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Full-Text Articles in Law
Building Bridges V—Cubans Without Borders: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol
Building Bridges V—Cubans Without Borders: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Part I of this Essay traces the role of women in Cuban society throughout history. It includes a review of the development of Cuban laws concerning women, and women's role in developing them. This Part also addresses laws pertaining to women that were adopted by the present revolutionary regime. Part II sets out laws, beyond the laws of Cuba, that address the issue of gender/sex equality. It focuses on international norms that protect sex equality pertinent to women in Cuba as well as to Cuban women outside of Cuba. It also reviews U.S. laws on equality as they affect Cuban …
Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol
Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect …
Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol
Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
Does there exist a Cuban society that is culturally cohesive? Is Cubanidad dependent on territorial borders and political ideology? Can there be a singular narrative on Cubanidad that transcends geography and politics? This article asks those questions and posits that, while political and economic differences might result in very different lifestyles and ideologies, social and cultural tropes might provide some similarities and cultural cohesion. This thesis is tested through the study of available, albeit sparse, information on the role of Cubanas in society. First the role of women in Cuban society throughout history is examined. Next, changes in the laws …
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Deborah M. Weissman
Much has been written about transnational feminist networks and their impacts on the local condition of women. Transborder feminist organizing has reshaped discourses and practice from the local to the international. Global feminist endeavors have influenced the development of international legal standards affecting the circumstances of women and contributed to the gender mainstreaming of human rights initiatives. At the same time, feminist transnationalism has often been identified as the source of tension as efforts have at times resulted in support for a neoliberal agenda propounding empowerment and self-esteem issues, which in turn, has raised questions about who is defining the …
The Legal Production Of The Transgressive Family: Binational Family Relationships Between Cuba And The United States
Deborah M. Weissman
The Cuban revolution of 1959 both challenged U.S. interests and precipitated one of the largest migration to the United States. By the end of the twentieth century, more than one million Cubans, one-tenth of the total population, had emigrated, mostly to the United States. Family relations developed within two phases of specific global contexts, reflecting Cuba's changing international position and the U.S. response. The first occurred after 1960, when Cuba aligned itself with the Soviet bloc in the final decades of the Cold War. The second was after 1990, when Cuba adapted to the global economy in the post-Cold War …
Public Power And Private Purpose: Odious Debt And The Political Economy Of Hegemony, Deborah M. Weissman, Louis A. Pérez Jr.
Public Power And Private Purpose: Odious Debt And The Political Economy Of Hegemony, Deborah M. Weissman, Louis A. Pérez Jr.
Deborah M. Weissman
This Article examines the process by which overlapping interests between private bankers and government translates into influence and power mediated through the use of bank loans as instruments of foreign policy. The article suggests the market transactions often act as a matter of U.S. interests. It makes use of historical narratives not only as means to document the origins of the Odious Debt doctrine, but also to demonstrate the complexity attending efforts to create an Odious Debt doctrine that might function in law. The International Lending Supervision Act, the Baker plan and Brady initiative - policies reinforced through legal interpretations, …