Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2015

Series

Law and Gender

Institution
Keyword
Publication

Articles 1 - 30 of 132

Full-Text Articles in Law

Indigenous Women, Water Justice And Zaagidowin (Love), Deborah Mcgregor Dec 2015

Indigenous Women, Water Justice And Zaagidowin (Love), Deborah Mcgregor

Articles & Book Chapters

I would like to open by saying Chi-miigwech (a big thank-you) to those Elders/Grandmothers who have shared their stories and teachings with me over the years. Some have since passed on and I hope that through my words, their love and generosity will continue the process of healing the people and waters upon which they so integrally depend.

The paper which follows contains many references to notions of love, mutual respect, and responsibility towards the natural world, and water in particular. These ideas may seem a little tenuous for a serious paper on a critical environmental justice issue, but concepts …


Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson Dec 2015

Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson

Law School Blogs

No abstract provided.


The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav Dec 2015

The Women Of The Wall: A Metaphor For National And Religious Identity, Pnina Lahav

Faculty Scholarship

The Women of the Wall wish to participate in communal prayer in the women’s section of the Western Wall in Jerusalem. Their practice is to pray as a group, wrap themselves in a tallit, and read from the Torah scroll. They represent Jewish pluralism in that their group includes Orthodox, Conservative, Reform and secular women. They represent openness to change in that they base their claims on Halakhic interpretation, thereby embracing the capacity of Jewish law to evolve. This article reviews the resistance of the religious and political establishment in Israel to their claim and their struggle, unsuccessful so far, …


Adopting The Gay Family, Cynthia Godsoe Dec 2015

Adopting The Gay Family, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association Dec 2015

Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association

Articles

These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …


Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith Nov 2015

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith

Reports

The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …


Marriage Equality And The New Maternalism, Cynthia Godsoe Nov 2015

Marriage Equality And The New Maternalism, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri Nov 2015

Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri

All Faculty Scholarship

In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …


Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis Nov 2015

Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis

Articles

Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …


Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper Oct 2015

Distinguishing Disparate Treatment From Disparate Impact; Confusion On The Court, Michael C. Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the …


Beyond Marriage Equality Symposium, Roger Williams University School Of Law Oct 2015

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law Oct 2015

Newsroom: Johnson Heads Black Women's Bar Org, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica Oct 2015

Trending @ Rwu Law: Christopher Gerlica's Post: Beyond Same-Sex Marriage, Christopher Gerlica

Law School Blogs

No abstract provided.


Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law Oct 2015

Newsroom: Lgbt Equality: The Challenges Ahead, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis Oct 2015

Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis

Publications and Research

No abstract provided.


Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg Oct 2015

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Law Faculty Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …


Perfect Plaintiffs, Cynthia Godsoe Oct 2015

Perfect Plaintiffs, Cynthia Godsoe

Faculty Scholarship

No abstract provided.


La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene Oct 2015

La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene

Independent Study Project (ISP) Collection

A través de todos los siglos, ha existido la violencia contra las mujeres. Las causas de esta violencia son extensivas y tienen raíces en estructuras de ideología, cultura y género incrustadas en sociedades de todo el mundo. Hasta fines del siglo veinte, la violencia contra las mujeres era vista como un tema privado, de la familia, vivido puertas adentro, en forma independiente en cada hogar. Sin embargo, a través de las últimas décadas, muchos cambios ideológicos y socioculturales han trasladado el problema de la violencia contra las mujeres a la escena pública. En el año 2009, Argentina creó una ley …


Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer Oct 2015

Decisions To Prosecute Battered Women's Homicide Cases: An Exploratory Study, Sarah N. Welling, Diane Follingstad, M. Jill Rogers, Frances Jillian Priesmeyer

Law Faculty Scholarly Articles

Discretionary decisions to prosecute cases in which a battered woman kills her partner were investigated using several research strategies and targeting a range of case elements. Law students presented with case elements reported they would consider legal elements over nonlegal (or ‘supplemental’) elements when making a decision to prosecute. In contrast, law students assessed through an open-ended format as to important case factors for deciding to prosecute spontaneously generated high proportions of supplemental case elements compared with legal factors. Vignette comparisons of 42 case elements on participants’ likelihood to prosecute identified salient factors including legal and supplemental variables. Themes from …


Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2015

Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner Sep 2015

Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner

Faculty Publications

No abstract provided.


Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire Sep 2015

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …


Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian Sep 2015

Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian

Articles in Law Reviews & Other Academic Journals

In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …


My Body, Not My Say: Regulation Of Reproductive Freedom In America, Kisha K. Patel Jul 2015

My Body, Not My Say: Regulation Of Reproductive Freedom In America, Kisha K. Patel

Gender, Women's, and Sexuality Studies Summer Fellows

Women’s bodies have been legislated for years. Many people associate regulation beginning in 1973 when Roe V. Wade was decided, however legislation has affected women for much longer. These infringements on women’s rights create a major roadblock in gender equality. During summer fellows I researched how the law regulates aspects of American women's lives particularly in reproductive freedom (birth control, day-after pill, abortion, maternity discrimination). Conducting this research included thorough research of 48 pieces of congressional legislation from the 114th Congress that limit women's reproductive freedom through abortion bans, non-accessible health care, and cuts in federal spending towards Planned …


Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown Jul 2015

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …


"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino Jul 2015

"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino

Cornell Law Library Prize for Exemplary Student Research Papers

Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …


Gender Wage Gap Matters To Women In Low-Wage Occupations: Hispanic Women Face Largest Pay Inequities, Center For Women In Politics And Public Policy, University Of Massachusetts Boston Jul 2015

Gender Wage Gap Matters To Women In Low-Wage Occupations: Hispanic Women Face Largest Pay Inequities, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Much of the existing research on the gender gap in pay focuses on its impact on women who are middle- and upper-income earners in highly skilled occupations, such as medicine, law, and business. There has been less emphasis on the impact of pay inequity on low-income women working in low-wage occupations.


A Deficiency In Addressing Campus Sexual Assault: The Lack Of Women Law Enforcement Officers, Nat Stern, Karen Oehme Jul 2015

A Deficiency In Addressing Campus Sexual Assault: The Lack Of Women Law Enforcement Officers, Nat Stern, Karen Oehme

Scholarly Publications

The federal government has taken a range of measures to combat the scourge of sexual assault afflicting college campuses across the nation. Whatever the efficacy of these policies, however, they fail to address a major obstacle to curbing sexual violence on campus: the chronically low rate of reporting of this crime to police. Research on crime data has produced evidence that as female representation among police officers increases, more crimes against women are reported. Yet, most university campus law enforcement agencies-tasked with taking a “central role” in combatting sexual assault-include strikingly few female officers. This Article proposes an increase in …


False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra Jul 2015

False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Sex, Gender And The Chemicals Management Plan, Dayna Nadine Scott, Sarah Lewis Jul 2015

Sex, Gender And The Chemicals Management Plan, Dayna Nadine Scott, Sarah Lewis

Articles & Book Chapters

Chemical substances are found everywhere in our environment. As Chapter 1 makes clear, whether it be at home, outdoors, or in the workplace, we are continuously coming into contact with various chemicals through our air, water, food, cosmetics, clothes, personal care products, and everyday household items (Cooper, Vanderlinden, and Ursitti 2011; Program on Reproductive Health and the Environment 2008). As our detection methods improve, we are increasingly forced to confront the evidence of these exposures: biomonitoring studies now show that nearly everyone has measurable amounts of almost all known toxic chemicals stored somewhere in their bodies (CDC 2013; Environmental Defence …