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Articles 1 - 30 of 43
Full-Text Articles in Law
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Three Observations About Justice Alito's Draft Opinion In Dobbs - Commentary, John M. Greabe
Law Faculty Scholarship
[Excerpt] "There is much to say about Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which was leaked from the United States Supreme Court on May 2 [2022].
Obviously, the most significant direct consequence of the proposed decision, which overrules Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) while upholding the constitutionality of a Mississippi law that outlaws most abortions after 15 weeks of pregnancy, would be the restriction or elimination of abortion services throughout much of the nation. This will have all sorts of attendant consequences, large and smaller, many of which …
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim
Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim
Reports & Public Policy Documents
The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey
All Faculty Scholarship
In Oncale v. Sundowner Offshore Services, Inc., the U.S. SupremeCourt recognized same-sex sexual harassment as a cognizable claim of sex discrimination under Title VII of the Civil Rights Act of 1964. At the time, many scholars found this recognition to be significant andimportant, but some also argued that the Court provided an incomplete analysis regarding the meaning of discrimination “because of sex.” Specifically, some scholars argue that the Court’s opinion reinforces the sexual desire paradigm in the analysis of sexual harassment cases. Building upon this critique, this Article focuses specifically on the harassment of men who generally are perceived as …
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Papers, Posters, and Presentations
In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.
Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …
Hiding Sexual Harassment: Myths And Realities, Pat K. Chew
Hiding Sexual Harassment: Myths And Realities, Pat K. Chew
Articles
Hiding Sexual Harassment: Myths and Realities
Nevada Law Journal, Vol. 21, p. 1223, 2021
Sexual harassment and gender disparities in the workplace continue, but we are not paying enough attention. The heralded me-too movement and the publicized downfalls of Harvey Weinstein, Bill Cosby, and other former luminaries might give the impression that the lid is blown off the indignities of harassment in the workplace and that American society’s collective disdain and abhorrence of harassment has quickly put an end to these incivilities. But these headline cases are just the tip of the sexual harassment iceberg; they may even give us …
Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson
Towards A Law Of Inclusive Planning: A Response To “Fair Housing For A Non-Sexist City”, Olatunde C.A. Johnson
Faculty Scholarship
Noah Kazis’s important article, Fair Housing for a Non-sexist City, shows how law shapes the contours of neighborhoods and embeds forms of inequality, and how fair housing law can provide a remedy. Kazis surfaces two dimensions of housing that generate inequality and that are sometimes invisible. Kazis highlights the role of planning and design rules – the seemingly identity-neutral zoning, code enforcement, and land-use decisions that act as a form of law. Kazis also reveals how gendered norms underlie those rules and policies. These aspects of Kazis’s project link to commentary on the often invisible, gendered norms that shape …
Is It Actually Violence? Framing Technology-Facilitated Abuse As Violence, Suzie Dunn
Is It Actually Violence? Framing Technology-Facilitated Abuse As Violence, Suzie Dunn
Articles, Book Chapters, & Popular Press
When discussing the term “Technology-Facilitated violence” (TFV) it is often asked: “Is it actually violence?” While international human rights standards, such as the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women, have long recognized emotional and psychological abuse as forms of violence, including many forms of technology-facilitated abuse, law makers and the general public continue to grapple with the question of whether certain harmful technology-facilitated behaviors are actually forms of violence. This chapter explores this question in two parts. First, it reviews three theoretical concepts of violence and examines how these concepts apply to technology-facilitated …
Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford
Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This essay is a collective reflection by thirty-nine law students on feminism, law and culture. In the Spring 2020 semester, the students who enrolled in the Feminist Legal Theory course taught by Professor Bridget Crawford at the Elisabeth Haub School of Law at Pace University were a mixed-gender group of second-year, third-year, and fourth-year students. The course focused on the themes and methods of feminist analysis and the application of feminist legal theories to topics such as intimate partner violence, prostitution, pornography, sexual harassment, reproductive rights, and economic rights. Students attended a traditional seminar meeting once each week. Conversations continued …
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
All Faculty Scholarship
This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe
Sociology: Student Scholarship & Creative Works
Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
The Strict Scrutiny Of Black And Blaqueer Life, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Furtive Blackness: On Blackness And Being, T. Anansi Wilson
Faculty Scholarship
Furtive Blackness: On Blackness and Being (“Furtive Blackness”) and The Strict Scrutiny of Black and BlaQueer Life (“Strict Scrutiny”) take a fresh approach to both criminal law and constitutional law; particularly as they apply to African descended peoples in the United States. This is an intervention as to the description of the terms of Blackness in light of the social order but, also, an exposure of the failures and gaps of law. This is why the categories as we have them are inefficient to account for Black life. The way legal scholars have encountered and understood the language of law …
Covid-19 And Lgbt Rights, Suzanne B. Goldberg
Covid-19 And Lgbt Rights, Suzanne B. Goldberg
Faculty Scholarship
Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.
This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …
The Technology Enterprise: Systemic Bias Against Women, Lori Andrews
The Technology Enterprise: Systemic Bias Against Women, Lori Andrews
All Faculty Scholarship
No abstract provided.
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
2019 Symposium
As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …
Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne
Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne
All Faculty Publications
This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …
Janet Halley And The Art Of Status Quo Maintenance, Lama Abu-Odeh
Janet Halley And The Art Of Status Quo Maintenance, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
Over the past few years, Janet Halley emerged as one of the most avid critics of campus rape feminist activists, activists who push for the reformulation of university investigative rules to shift the burden of proof from the accuser to the accused. Halley contends that Title IX policies, embedded with affirmative consent, are not only procedurally unsound, but bad for boys, bad for sex, and bad for feminism, charging its agenda with “radical feminism” influences. Halley’s stance on campus rape is consistent with her long-held “queer theory” and its anti-feminist deregulatory drive. In this article, I argue that Halley’s “queer …
The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo
The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo
Center for Business Research and Development
The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).
On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …
Centering Women In Prisoners' Rights Litigation, Amber Baylor
Centering Women In Prisoners' Rights Litigation, Amber Baylor
Faculty Scholarship
This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth." This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being.
This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an …
Women Of Color And Health: Issues And Solutions, June Cross, Nia Weeks, Kristen Underhill, Chloe Bootstaylor
Women Of Color And Health: Issues And Solutions, June Cross, Nia Weeks, Kristen Underhill, Chloe Bootstaylor
Faculty Scholarship
Chloe Bootstaylor: Welcome to our second panel. This panel focuses on women of color in health, issues, and solutions. The session is inspired by Professor June Cross of the Columbia School of Journalism and her recent film, Wilhemina’s War, which follows the story of Wilhemina Dixon and depicts the obstacles that Americans with HIV/AIDS face in accessing not only adequate healthcare but also financial, infrastructural, and social support in their communities.
This panel will consist of Professor Underhill and Nia Weeks. June Cross will join us a little later on. We will start with a clip from her film, …
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel
Publications
This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi
Political Science Honors Projects
What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …
Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker
Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker
All Faculty Scholarship
No abstract provided.
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Center for Business Research and Development
The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak
"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak
Department of Sociology: Faculty Publications
LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Mascaras Y Trenzas: Reflexiones. Un Proyecto De Identidad Y Analysis A Traves De Veinte Anos (Masks And Braids: Reflections, A Project On Identity And Analysis Over Twenty Years), Margaret E. Montoya
Faculty Scholarship
This article uses Critical Race Theory and LatCrit methodologies, vocabulary, categories, and pedagogical approaches. In this Section, titled 'On Mascaras,' I am grappling with race (and gender secondarily) in public space -- un/masking my professional persona. In using the word 'wrestle' in the subheading I am referring to this struggle over a re-allocation of the social power that inheres in racial hierarchies, namely, the back-and-forth exchanges involved in changing the racial ambiance by exposing and transforming the presumptions, especially regarding notions of inferiority, that cabin our thinking and restrain our relationships. My original paper was something of an outburst, challenging …
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
A Private Underworld: The Naked Body In Law And Society, Lawrence M. Friedman, Joanna L. Grossman
Faculty Journal Articles and Book Chapters
In general, the literature on privacy stresses, quite naturally, our right to keep things private, or to make our own decisions. The individual, the citizen, is the center of gravity. There is a great deal of material on the limits of privacy, on threats to privacy, and the like. In this Article, the authors want to discuss what one might call mandatory privacy: those aspects of life that we are required to keep secret, hidden, or private, the things that we must keep private, whether we want to or not. This is a subject that has been mostly, though not …
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Political Science Honors Projects
This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller
All Faculty Scholarship
Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …