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Full-Text Articles in Law

A Few Drops Of Oil Will Not Be Enough, Stephen James Oct 2009

A Few Drops Of Oil Will Not Be Enough, Stephen James

Human Rights & Human Welfare

Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …


From Outrage To Action, Henry Krisch Oct 2009

From Outrage To Action, Henry Krisch

Human Rights & Human Welfare

Kristof and WuDunn provide a vivid panoramic view of problems faced by women (primarily in the “developing” world), what has been done and what more could be done to help them achieve dignity and autonomy in their lives, and how vindication of their rights could contribute to the broader social development of their societies. In this they provide us with important insights into how human rights might be effectively proclaimed and successfully implemented. In reviewing their considerable contributions, I shall also suggest some limitations on both their analysis and their policy recommendations.


Violence In The House, Katherine Hite Oct 2009

Violence In The House, Katherine Hite

Human Rights & Human Welfare

There was something particularly haunting in reading this Kristof and WuDunn piece during the week’s major US headlines: a girl in California had been imprisoned for eighteen years in the home of a man who kidnapped and raped her, fathered her children, and employed her in his small enterprise—a business card design and printing agency. Business clients interviewed for the story appeared completely taken aback. Clients had always found the now twenty-nine-year-old Jaycee Dugard “professional, polite, and responsive” as well as “creative and talented in her work.” Others expressed similar shock, recounting that Ms. Dugard “was always smiling.” Ms. Dugard’s …


October Roundtable: Introduction Oct 2009

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Women's Crusade. By Nicholas D. Kristof and Sheryl WuDunn. The New York Review of Books. August 17, 2009.


"The Female Entrepreneur"?, Cath Collins Oct 2009

"The Female Entrepreneur"?, Cath Collins

Human Rights & Human Welfare

I read the “Women’s Crusade” article that forms the centrepiece of this month’s roundtable with initial interest, gradually turning to a vague sense of disquiet spiced with occasional disbelief. After a few more readings, I tried highlighting the passages that bothered me and stringing them together. Countries “riven by fundamentalism”— that’s presumably the Islamic variety, rather than the Christian variant which holds such sway in the US. The suggestion that “everyone from the World Bank to the US [...] Chiefs of Staff to [...] CARE” now thinks that women are the answer to global extremism hides too many questionable assumptions …


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.


The Potential Legacy Of The Roberts Court: Gonzales V. Carhart And The Birth Of A New Understanding Of Judicial Activism, Elly Laff Jan 2009

The Potential Legacy Of The Roberts Court: Gonzales V. Carhart And The Birth Of A New Understanding Of Judicial Activism, Elly Laff

Elly Laff

This article looks at the way Presidents from Reagan to G..W. Bush have used their power of appointment to seat Justices on the US Supreme Court who will carry forward the goals of the administration, in particular, overruling Roe v. Wade. This article looks specifically at the most recent US Supreme Court case dealing with abortion, Gonzales v. Carhart, and discusses the history of the presidential appointments of the five Justices who were in the majority of that decision. The article tries to clarify the conventional wisdom that an activist court is defined as one that tries to adjudicate change …


Moving Beyond Divisive Discourse: Latin American Women In Politics, Ursula Miniszewski Jan 2009

Moving Beyond Divisive Discourse: Latin American Women In Politics, Ursula Miniszewski

Human Rights & Human Welfare

On June 25, 1993 the United Nations General Assembly held the World Conference on Human Rights, which adopted the Declaration and Programme of Action that states, “The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.” On September 18, 2008 The New York Times quoted Senator Cecilia López Montaño …


Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester Jan 2009

Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester

Human Rights & Human Welfare

In contemporary sub-Saharan Africa (SSA), women are facing human rights abuses unparalleled elsewhere in the world. Despite the region’s diversity, its female inhabitants largely share experiences of sexual discrimination and abuse, intimate violence, political marginalization, and economic deprivation.


Revisiting Human Rights In Latin America: Introduction, Christina Cerna Jan 2009

Revisiting Human Rights In Latin America: Introduction, Christina Cerna

Human Rights & Human Welfare

This Topical Research Digest on revisiting human rights in Latin America covers a wide range of subjects, both country specific and thematic, but has as its underlying theme the necessary protection of the human rights of vulnerable groups, whether they are women, children, lesbians, gay men, indigenous peoples, landless peasants, etc. This survey of literature on revisiting human rights in Latin America includes a rich selection of documents from international organizations, international human rights non-governmental organizations (NGOs) and a plethora of American and foreign journals.


The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams Jan 2009

The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams

Faculty Scholarship

No abstract provided.


Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams Jan 2009

Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams

Faculty Scholarship

No abstract provided.


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

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

Cornell Law Faculty Publications

This Article 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 Article 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 Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and …


Female Genital Mutilation And Female Genital Cutting, Hope Lewis Dec 2008

Female Genital Mutilation And Female Genital Cutting, Hope Lewis

Hope Lewis

Female Genital Mutilation (FGM) or Female Genital Cutting (FGC) refers to a range of harmful traditional practices performed on infants, girls, and women in certain ethnic groups. This article, published in The Encyclopedia of Human Rights (David Forsythe, et al, ed., Oxford University Press, 2009) discusses the practices in the context of international human rights law. FGM-FGC, violates a number of international human rights standards, including the right to bodily integrity, the right to life, the right to the highest attainable standard of health, the rights of children, and the rights of women and girls to equality and non-discrimination. Nevertheless, …