Law Commons^™

A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla

San Diego International Law Journal

Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/‌feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/‌feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/‌feminicide. Given this new trend to address the …

Freeze-Frames And Blanket Bans: The Unconstitutionality Of Prisons’ Denial Of Gender Confirmation Surgery To Transgender Inmates, Aranda Stathers

Dickinson Law Review (2017-Present)

It is long established that the Eighth Amendment’s prohibition against imposing cruel and unusual punishments requires prisons to adequately address their inmates’ medical needs. Inmates identifying with the LGBTQ+ community are not exempt from this constitutional mandate. Trans inmates with gender dysphoria require specific treatment, including, but not limited to, gender confirmation surgery. While courts acknowledge that prisons owe a duty to provide some transition-related care, the extent of that duty remains contested. With no guidance from Congress or the Supreme Court, the constitutionality of prisons’ denial of gender confirmation surgery is in the hands of the circuit courts, which …

Gender Identity, Sports, And Affirmative Action: What's Title Ix Got To Do With It?, Michael E. Rosman

St. Mary's Law Journal

There is much talk these days of promoting “equity” rather than “equality.” When applied outside athletics, Title IX promotes non-discrimination, usually associated with equality. As it has been applied to sports, though, it may be our most prominent “equity” statute, making sure each sex gets its fair share.

The questions this article seeks to address are legal ones that the debate about trans females seems to bring to the fore. How did we start with a statute whose language looks very similar to every other civil rights statute—and, indeed, that acts just like every other civil rights statute outside of …

Civil Rights Law—Preserving Female Athletics: Arkansas’S Fairness In Women’S Sports Act, Chandler Little Bray

University of Arkansas at Little Rock Law Review

No abstract provided.

Enhancing The Representation Of Women: How Gender Diversity Signals And Acknowledgement Affect Attraction To Men-Dominated Professions, Thomas P. Depatie, Anmol Sachdeva, Comila Shahani-Denning, Rebecca Grossman, Kevin P. Nolan

Personnel Assessment and Decisions

While organizations around the world recognize the importance of gender diversity and inclusion, many struggle to reach gender parity (Sneader & Yee, 2020). Particularly, women account for less than 15% of all sworn police officers (Donohue Jr, 2020). Considering signaling theory and novel research in organizational impression management, we examined the utility of various recruitment messaging techniques for attracting women job seekers to professions dominated by men, at both a consulting firm and law enforcement agency. Women evaluating consulting firm materials perceived greater behavioral integrity and were subsequently more attracted to the organization if recruitment messages included both high gender …

Before Yesterday We Could Fly: Reimagining Law For The Afro-Future, Norinda Brown Hayat, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Round Table (Part 5): What’S Raphaël Lemkin Got To Do With Genocide Studies?, Douglas Irvin-Erickson

Genocide Studies and Prevention: An International Journal

No abstract provided.

Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green

University of Arkansas at Little Rock Law Review

No abstract provided.

Family | Home | School, Latoya Baldwin Clark

Northwestern University Law Review

The state grants residents who live within a school district’s border an ownership interest in that district’s schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after districts and schools, establishing a child’s bona fide residence may be highly contested.

In this Essay, I show that education law, policies, and practices fail to recognize a child’s residence when the child’s family and living situation do not comport with a particular ideal of family life. …

Law School News: Welcome, Rwu Law Class Of 2025! 08-15-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Book Review: Armed Conflict, Women And Climate Change, Shelly Clay-Robison

Genocide Studies and Prevention: An International Journal

No abstract provided.

Shades Of Life In Indian Abortion Law, Gauri Pillai

Articles

This case comment analyses the recent Kerala High Court decision in Cry of Life Society v Union of India, where a petition was filed to declare India's law on abortion unconstitutional for violating the right to life of the foetus. The High Court dismissed the petition, upholding the constitutionality of the legislation as protecting women's right to life. The author discusses the High Court's order, narrowing in on the right to life argument used by the Court, and the right to life argument that the Court missed. This analysis distills and responds to the 'shades of life' underlying abortion law …

Gender-Based Violence In Pakistan And Public Health Measures: A Call To Action, Azza Sarfraz, Zouina Sarfraz, Muzna Sarfraz, Zul Qarnain

Department of Paediatrics and Child Health

No abstract provided.

The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla

Faculty Scholarship

The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other external and internal forces. This Article suggests how to increase the number of Latina law deans and emphasizes why it matters.

(G)Local Intersectionality, Martha F. Davis

Washington and Lee Law Review

Intersectionality theory has been slow to take root as a legal norm at the national level, even as scholars embrace it as a potent analytical tool. Yet, in recent years, intersectionality has entered law and policy practices through an unexpected portal: namely, local governments’ adoption of international norms. A growing number of local governments around the world explicitly incorporate intersectionality into their law and practice as part of implementing international antidiscrimination norms from human rights instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Elimination of All Forms of …

Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond

Washington and Lee Law Review

In the last decade, intersectionality theory has gained traction as a lens through which to analyze international human rights issues. Intersectionality theory is the notion that multiple systems of oppression intersect in peoples’ lives and are mutually constitutive, meaning that when, for example, race and gender intersect, the experience of discrimination goes beyond the formulaic addition of race discrimination and gender discrimination to produce a unique, intersectional experience of discrimination. The understanding that intersecting systems of oppression affect different groups differently is central to intersectionality theory. As such, the theory invites us to think about inter-group differences (i.e., differences between …

Rurality As An Intersecting Axis Of Inequality In The Work Of The U.N. Treaty Bodies, Amanda Lyons

Washington and Lee Law Review

Rurality intersects with other identities, power dynamics, and structural inequalities—including those related to gender, race, disability, and age—to create unique patterns of human rights deprivations, violations, and challenges in rural spaces. Therefore, accurately assessing human rights and duties in rural spaces requires attention to the dynamics of rurality in a particular context, the unique nature of diverse rural identities and livelihoods, the systemic forces operating in and on those spaces, and the intersections with other forms of structural discrimination and inequality.

Although much of the work of the U.N. treaty bodies has in fact addressed human rights situations in rural …

Micro-Mediation: A New First Step On The Mixed-Mode Alternative Dispute Resolution Ladder In Higher Education, Joseph C. Alfe

Pepperdine Dispute Resolution Law Journal

Higher education is fraught with disputes on both a macro and micro level. In a broad sense, institutions of higher education serve as a focal point for many disparate cultures, economic strata, ages, genders, races, ideologies, and other societal influences, and concentrates them within an insular community. Such an amalgamation of humanity is bound to produce conflicts of all kinds. These disputes can range from the elementary to the criminal. Title IX of the Educational Amendments of 1972 governs disputes rising to the level of sexual harassment or discrimination and are updated by periodic agency updates disseminated through “dear colleague” …

White-Collar Crime: Diversity And Discrimination In Sentencing, Rachel Labrie

Honors Projects

White-collar crimes cause businesses and individuals to lose billions of dollars a year. This paper discusses the criminal justice system in regard to the white-collar crime and discrimination by the basis of gender and race within sentencing. First an analysis is given on who commits white-collar crimes, by looking at the rates and motives of those committing white-collar crimes on the basis of first gender and race. An analysis through literature review compares sentencing of females and people of color compared with the rates of white males who make up the majority of those committing white-collar crimes. The findings suggest …

Patent Performativity, Dan L. Burk

Journal of Intellectual Property Law

Gender bias is rife in the patent system; a large and growing body of empirical literature demonstrates the exclusion of women from the patent system at every level. Such pervasive marginalization cannot be explained by the paucity of women in STEM fields. Rather, more fundamental discriminatory mechanisms must be at work. In this paper I examine one aspect of such biases, arguing that patents operate as performatives, that is, as social assemblages that enact what they disclose, and that create their own social facts. To demonstrate patent performativity, I briefly trace the development of performative concepts, from Austinian declarations, through …

Esports And Title Ix: Addressing Scholarship Distribution Across Gender Lines In Collegiate Esports Programs, Adam Martin

Brigham Young University Prelaw Review

Since its implementation in 1972, Title IX protects people in the United States from discrimination on the basis of sex under any education program or activity receiving federal financial assistance. Currently, women do not receive scholarship funds from universities with esports programs proportionate to their overall participation in esports. The Department of Education’s Office of Civil rights, which oversees Title IX implementation, currently does not have a concrete definition for “sport.” Instead, they evaluate any given activity as a “sport” under Title IX on a case-by- case basis using the following three criteria: whether or not the activity has a …

Working Through Menopause, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn

Elisabeth Haub School of Law Faculty Publications

There are over thirty million people ages 44 to 55 in the civilian labor force in the United States, but the law and legal scholarship are largely silent about a health condition that approximately half of those workers inevitably will experience. Both in the United States and elsewhere, menopause remains mostly a taboo topic, because of cultural stigmas and attitudes about aging and gender. Yet menopause raises critical issues at the intersections of gender equity, disability, aging, transgender rights, and reproductive justice. This Article imagines how the law would change if it accounted for menopause and the associated unequal burdens …

Contextualizing Menopause In The Law, Bridget J. Crawford, Emily Gold Waldman, Naomi R. Cahn

Elisabeth Haub School of Law Faculty Publications

“It is horrendous, but then it’s magnificent,” says one character about menopause in an episode of the 2019 Netflix comedy Fleabag. Her younger interlocutor is incredulous at this proclamation. That younger character, and even the audience, may be somewhat taken aback by this frank discussion. After all, menopause is not a subject that is commonly discussed, let alone praised. Whether among friends, acquaintances, or colleagues (fictional or not), silence about menopause is more likely the norm. This is true in the law, too. The law mostly ignores menopause.

The law’s silence about menopause is linked to a broader cultural silence …

Jacquelyn L. Bridgeman Interview; Oral History Project, Jacquelyn L. Bridgeman, Cristina E. Salazar, Shelby Nivitanont

Wyoming Oral History

Jacquelyn L. Bridgeman, Kepler Professor of Law, Director of School of Culture, Gender & Social Justice.

In this oral history, Professor Bridgeman discuses what it was like to grow up in Laramie, WY, her experience as a woman of color in the legal career field, and her accomplishments as a lawyer, law professor, and magistrate. Professor Bridgeman touches on stories from when President Obama was her professor at University of Chicago Law School, insights into current events in the Wyoming Legislature, and her perspective on diversity recruitment.

Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler

Utah Law Faculty Scholarship

How might the United States reconcile conflicts between equality and religious freedom in the realm of family law? To answer this question, this chapter considers recent developments in family (personal status) law in Israel. While Israel may at first blush appear to be the last place that feminists and queer theorists should look for solutions to modern conflicts between democratic and religious values, this chapter argues that the Israeli experience has much to offer critical family scholars working to develop pluralistic legal approaches to family regulation. Israel is a country with a diverse population and unique political and legal context …

Hierarchy, Race & Gender In Legal Scholarly Networks, Keerthana Nunna, W. Nicholson Price Ii, Jonathan Tietz

Law & Economics Working Papers

A potent myth of legal academic scholarship is that it is mostly meritocratic and that it is mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgements paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those …

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon

St. John's Law Review

(Excerpt)

Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …

The New Jim And Jane Crow Intersect: Challenges To Defending The Parental Rights Of Mothers During Incarceration, Carla Laroche

Scholarly Articles

Family law scholars and advocates have expressed the importance of providing counsel to parents in the family regulation system, especially parents who are incarcerated, because of the system’s complexities. This article establishes, however, that when mothers must navigate both the family regulation and criminal legal systems, the protections appointed parents’ counsel are supposed to provide are weakened. These harms are heightened especially for Black mothers within the carceral state. As this article shows, appointed lawyers in family regulation cases cannot properly protect the due process rights of mothers who are incarcerated because of the added challenges both mothers and their …

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …