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2009

Law and Gender

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Articles 1 - 30 of 119

Full-Text Articles in Law

Law's Expressive Value In Combating Cyber Gender Harassment, Danielle K. Citron Dec 2009

Law's Expressive Value In Combating Cyber Gender Harassment, Danielle K. Citron

Faculty Scholarship

The online harassment of women exemplifies twenty-first century behavior that profoundly harms women yet too often remains overlooked and even trivialized. This harassment includes rape threats, doctored photographs portraying women being strangled, postings of women’s home addresses alongside suggestions that they should be sexually assaulted and technological attacks that shut down blogs and websites. It impedes women’s full participation in online life, often driving them offline, and undermines their autonomy, identity, dignity, and well-being. But the public and law enforcement routinely marginalize women’s experience, deeming it harmless teasing that women should expect, and tolerate, given the Internet ...


Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum Nov 2009

Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum

International & Comparative Law Colloquium Papers

Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality ...


From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West Nov 2009

From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West

Georgetown Law Faculty Publications and Other Works

The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative right that rhetorically keeps the state out of the domain of family life. As such, the decision privatizes not only the abortion decision, but also parenting, by rendering the decision to carry a pregnancy to term a choice. It thereby legitimates a minimalist state response to the problems of pregnant women who carry their pregnancies to term and ...


Another Interdisciplinary Collaboration—This Time With A Professor Of German!, Antoinette M. Sedillo Lopez Nov 2009

Another Interdisciplinary Collaboration—This Time With A Professor Of German!, Antoinette M. Sedillo Lopez

Faculty Scholarship

The University of New Mexico International Studies Institute has a relationship with the German government in which the Institute runs a summer program at a castle near Dusseldorf known as Schloss-Dyck. In summer 2010, I am going to have the privilege of teaching in the program with a Jason Wilby, a UNM visiting Professor of German. We put a joint proposal together. He will teach about the culture, political environment and constitutional framework right after the Weimar Republic was created as a result of WWI. I will teach about the Nuremberg trials, with a particular focus on the trial of ...


Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen Nov 2009

Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen

Cornell Law School Berger International Speaker Papers

This presentation argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this presentation recounts how the State's Family Planning Program violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This presentation argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive ...


Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law Oct 2009

Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law

World Energy Justice Conference (October 23-24)

The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).

The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law ...


Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen Oct 2009

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother's former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in ...


Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché Oct 2009

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

UF Law Faculty Publications

In 2005, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Protocol) came into force. Since that time, the Protocol has received scant attention in legal scholarship. Where the Protocol has been mentioned, by and large it has received praise as a major step forward for women's rights on the continent. Much of that praise is merited. The Protocol includes broad rights to non-discrimination, equality, and dignity, and it addresses a variety of areas such as labor and employment, marriage and the family, the legal system, the political process ...


Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain Oct 2009

Stop The Killing: Potential Courtroom Use Of A Questionnaire That Predicts The Likelihood That A Victim Of Intimate Partner Violence Will Be Murdered By Her Partner, Amanda Hitt, Lynn Mclain

All Faculty Scholarship

Judges in domestic cases often underestimate the risk to a mother and her children that an angry and abusive father or other intimate partner poses. In a recent Maryland case, for example, two judges refused to deny a father visitation or require that visitation be supervised, despite the fact that the father had threatened suicide. During the father’s unsupervised visitation, he drowned all three of his children, then attempted to kill himself.

The Danger Assessment tool (the D.A.) developed by a Johns Hopkins Nursing professor and validated by herself and other social scientists shows how much the father ...


Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein Oct 2009

Pecuniary Reparations Following National Crisis: A Convergence Of Tort Theory, Microfinance, And Gender Equality, Anita Bernstein

Faculty Scholarship

No abstract provided.


Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson Sep 2009

Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson

Published Reports

In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.

Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a ...


To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb Sep 2009

To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb

Cornell Law Faculty Publications

This Article argues that an analysis of reproductive rights in the context of future generations yields three insights. First, potential people (who may or may not come into being) do not-by any prevailing approach to morality-have a right to be created by us. They may therefore be ethically "prevented" from coming into existence with what I call the "Offspring Selection Interest" ("OSI"). Second, the OSI is often conflated with the distinct reproductive rights interest in protecting one's body against unwanted intrusion, the "Bodily Integrity Interest" ("BII"), with resulting confusion for reproductive rights discourse. And third, once we distinguish the ...


Massachusetts Health Passport Project Evaluation Final Report, Francine Jacobs, Rachel Oliveri, Jessica Greenstone, Claudia Miranda-Julian Jul 2009

Massachusetts Health Passport Project Evaluation Final Report, Francine Jacobs, Rachel Oliveri, Jessica Greenstone, Claudia Miranda-Julian

Boston College Law School Faculty Papers

Adapted from the Executive Summary:

The Massachusetts Health Passport Project (MHPP) began in April 2004, as a pilot program of the Juvenile Rights Advocacy Project at Boston College Law School under the direction of Francine Sherman, Esq. The program was originally called the Girls’ Health Passport Project (GHPP) and was designed to address the unmet health needs and gaps in health care services for girls committed to the Massachusetts Department of Youth Services (DYS) and re-entering their communities from DYS assessment and treatment facilities. An advisory board of health, juvenile justice, philanthropy, and evaluation professionals assisted the program in its ...


A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos Jul 2009

A Medical/Legal Teaching And Assessment Collaboration On Domestic Violence: Assessment Using Standardized Patients/Standardized Clients, Antoinette M. Sedillo Lopez, Cameron Crandall, Steve Mclaughlin, Diane Rimple, Mary Neidhart, Teresita Mccarty, Lou Clark, Carrie Martell, Gabriel Campos

Faculty Scholarship

Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use outcome-based' assessments, i.e., using learning objectives and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students' performances to each other.


(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why 'Separate' Nomenclature For Gay And Straight Relationships Will Never Be 'Equal', Courtney Megan Cahill Jun 2009

(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why 'Separate' Nomenclature For Gay And Straight Relationships Will Never Be 'Equal', Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Abortion Across State Lines, Joseph W. Dellapenna May 2009

Abortion Across State Lines, Joseph W. Dellapenna

Working Paper Series

In this Article, I propose to analyze conflicts of law precedents and theory to explore the extent to which a state can apply its law on abortion to abortions performed outside the state but bearing a significant connection to the state. In attempting to resolve such questions, we enter into the domain of choice of law, part of the field of conflicts of law. This domain is notoriously unstable and contested. This instability allows legal commentators to project their attitudes towards abortion (and many other matters) in analyzing and construing the relevant authorities to resolve choice of law issues. I ...


Commencement Address, Cuny School Of Law, Margaret E. Montoya May 2009

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.


Public Policy Platform On Flexible Work Arrangements May 2009

Public Policy Platform On Flexible Work Arrangements

Published Reports

On May 13, 2009, Workplace Flexibility 2010 released a comprehensive set of policy solutions to expand Americans’ access to flexible work arrangements such as compressed workweeks, predictable schedules, and telecommuting.

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis - in a manner that is as manageable and predictable as possible for both employees and employers. FWAs provide:

  • Flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., non-traditional start and end times, flex time, or compressed workweeks) and arrangements regarding overtime, predictable scheduling, and shift and break ...


The Beginning Of The Second Wave Of The Women's Movement And Where We Are Today: A Personal Account, Sonia Pressman Fuentes Apr 2009

The Beginning Of The Second Wave Of The Women's Movement And Where We Are Today: A Personal Account, Sonia Pressman Fuentes

Cornell Law Faculty Working Papers

The second wave of the women’s movement, which started in the early 1960s, revolutionized women’s legal rights in the U.S. and reverberated in the rest of the world. Ms. Fuentes, a founder of NOW (National Organization for Women) and the first woman attorney in the Office of the General Counsel at the EEOC (Equal Employment Opportunity Commission), discusses the beginning of this movement, her role in it, the changes that have occurred since then, and the problems that remain in the US and throughout the world today.


Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson Apr 2009

Redefining Harm, Reimagining Remedies And Reclaiming Domestic Violence Law, Margaret E. Johnson

All Faculty Scholarship

Civil domestic violence laws do not effectively address and redress the harms suffered by women subjected to domestic violence. The Civil Protective Order (“CPO”) laws should offer a remedy for all domestic abuse with an understanding that domestic violence subordinates women. These laws should not remedy only physical violence or criminal acts. All forms of abuse — psychological, emotional, economic, and physical — are interrelated. Not only do these abuses cause severe emotional distress, physical harm, isolation, sustained fear, intimidation, poverty, degradation, humiliation, and coerced loss of autonomy, but, as researchers have demonstrated, most domestic violence is the fundamental operation of systemic ...


Bloodstains On A "Code Of Honor": The Murderous Marginalization Of Women In The Islamic World, Kenneth Lasson Apr 2009

Bloodstains On A "Code Of Honor": The Murderous Marginalization Of Women In The Islamic World, Kenneth Lasson

All Faculty Scholarship

In the real world of the Twenty-first Century, deep biases against women are prevalent in much of Muslim society. Although there is no explicit approval of honor killing in Islamic law (Sharia), its culture remains fundamentally patriarchal. As unfathomable as it is to Western minds, "honor killing" is a facet of traditional patriarchy, and its condonation can be traced largely to ancient tribal practices. Justifications for it can be found in the codes of Hammurabi and in the family law of the Roman Empire. Unfortunately, honor killings in the Twenty-first Century are not isolated incidents, nor can they be regarded ...


Harassment Handbook, Jovon Bell, Kevin Blanch, Vashon Broadnax, Dallas Cline, Candi Lee Apr 2009

Harassment Handbook, Jovon Bell, Kevin Blanch, Vashon Broadnax, Dallas Cline, Candi Lee

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Harassment presents itself as a challenging annoyance, which most everyone will have to confront over a period of time. As defined by the Equal Employment Opportunity Commission, harassment is commonly transferred via some type of unwelcome communicated behavior, which includes discrimination (2007). There are several motives for which harassment can occur, including race, gender, religion, sexual orientation, and disability. Titles VI and VII of the Civil Rights Act of 1964, and Title IX of the Educational Amendments of 1972 are two federal discrimination laws that help protect residents of the United States from occurrences including both discrimination and harassment, that ...


Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan Apr 2009

Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Decades of research produced by multiple disciplines has documented withering rates of violence against women in the United States and around the globe. To further an understanding of gendered violence, a field of research has developed, but recent critiques have highlighted weaknesses that inhibit a full scientific exploration of these crimes and their impacts. This review extends beyond prior reviews to explore the field’s unique challenges, its community of scientists, and the state of its written knowledge. The review argues for moving beyond “research agendas” and proposes creation of a transdisciplinary science for the field of study of violence ...


Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan Apr 2009

Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza Apr 2009

New Groups And Old Doctrine: Rethiking Congressional Power To Enforce The Equal Protection Clause, William D. Araiza

Faculty Scholarship

No abstract provided.


Gender Equality In Reconciling Work And Childcare In South Korea, Kook Hee Lee Mar 2009

Gender Equality In Reconciling Work And Childcare In South Korea, Kook Hee Lee

Cornell Law School Inter-University Graduate Student Conference Papers

This paper presents an ideal legislative model for South Korea to realize gender equality in reconciling work and childcare. The comparative study on the U.S. and German system is the basis for the legislative model. This paper selects the U.S. and German systems as a comparison group because they are representing the equal treatment approach and special treatment approach in the feminist legal theory. The current system in South Korea fails to realize gender equality because it provides maternity leave exclusive to women to limit women’s right to work and lacks financial support for parental leave. Maternity ...


Holding Up Half The Sky: Democracy And Its Implications For Chinese Women, Annie L. Lee Mar 2009

Holding Up Half The Sky: Democracy And Its Implications For Chinese Women, Annie L. Lee

CUREJ - College Undergraduate Research Electronic Journal

China is democratizing, but what does this entail for Chinese women, a relatively powerless group within society? This thesis focuses on the implications of democracy for women in China through comparing and contrasting the efficacy of electoral participation and civil society in empowering women. It finds that civil society, as seen in government-organized non-government organizations such as the All-China Women’s Federation and more independent non-government organizations, are more beneficial to women since these groups provide much-needed services and also communicate the concerns of women to the government elite in Beijing. In contrast, electoral participation at the village level has ...


Cautionary Tales, Penelope J. Pether Mar 2009

Cautionary Tales, Penelope J. Pether

Working Paper Series

“This is a review essay of Nan Seuffert’s Jurisprudence of National Identity: Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand (Ashgate, 2006), a critical, interdisciplinary study of the construction of national identity of Aotearoa New Zealand, which unearths the raced and gendered constitution of this postcolonial nation state.”


Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton Feb 2009

Liability Of Bias: A Comparative Study Of Gender-Related Interests In Negligence Law, Yifat Bitton

Student Scholarship Papers

This Article examines a feminist argument concerning the gendered structure of tort law, according to which the limited recognition of indirect emotional harm reflects a bias against women and “femininity.” This examination is carried out through a comparative analysis of two sorts. First, it considers the judicial treatment of emotional harm as compared with the treatment of pure economic loss – a harm which, for the purposes of this research, will be considered more “male” and men-oriented. The central thesis of the article is that, while it appears that both types of harm have ultimately gained very limited recognition, implying lack ...


Tolerance Of Sexual Harassment: A Laboratory Paradigm, D. J. Angelone, Damon Mitchell, Kara Carola Jan 2009

Tolerance Of Sexual Harassment: A Laboratory Paradigm, D. J. Angelone, Damon Mitchell, Kara Carola

Title IX Research and Resources

The present study attempted to develop a laboratory analogue for the study of tolerance for sexual harassment by using an online speed-dating paradigm. In that context, the relation between participants’ sexual harassment attitudes, perpetrator attractiveness, perpetrator status, and perceived dating potential of the perpetrator were examined as factors influencing participants’ tolerance of sexually harassing behavior. Participants were 128 female college students from a small northeastern public university. Results indicated that attractiveness, high social status, and attitudinal beliefs about sexual harassment were all predictive of tolerance for sexual harassment, providing preliminary support for the validity of this paradigm. In addition, participants ...