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Full-Text Articles in Law

The Technology Enterprise: Systemic Bias Against Women, Lori Andrews Jul 2019

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 Mar 2019

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 Feb 2019

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 Jan 2019

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 …