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Full-Text Articles in Law

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane Feb 2023

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …


The New Pornography Wars, Julie A. Dahlstrom Jan 2023

The New Pornography Wars, Julie A. Dahlstrom

Faculty Scholarship

The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. As in the “pornography wars” of the 1970s and 1980s, lawyers and activists have now turned to civil remedies and filed creative anti-trafficking lawsuits against MindGeek and third parties, like payment processing company, Visa. These lawsuits seek not only to achieve legal accountability for online sex trafficking but also to reframe a broader array of online harms as sex trafficking.

This Article explores what these new trafficking lawsuits mean for the future regulation of …


Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré Oct 2022

Judging From Above: French Feminists & Their Influence On The Veil Debate, Emma Caroline Delapré

Claremont-UC Undergraduate Research Conference on the European Union

Over the past two decades, the international community has found itself questioning France’s application of laïcité and the egalitarianism it supposedly ensures, particularly regarding veils associated with the Islamic faith. Integral to the face veil debate is the advocacy of French feminists, especially those who identify as pro-ban. Overarchingly, pro-ban feminists argue that the practice of wearing face veils or coverings undermines a French citizen’s obligation to foster cohesion in the public sphere through the acceptance of republican norms. This viewpoint informs the analysis of the state of social division in France undertaken here. The tools of analysis include a …


Advocates’ Perspectives On The Canadian Prison Mother Child Program, Martha Paynter, Clare Heggie, Ruth Martin-Misener, Adelina Iftene, Gail Tomblin Murphy Oct 2022

Advocates’ Perspectives On The Canadian Prison Mother Child Program, Martha Paynter, Clare Heggie, Ruth Martin-Misener, Adelina Iftene, Gail Tomblin Murphy

Articles, Book Chapters, & Popular Press

Over twenty years ago, Correctional Services Canada launched the Mother Child Program (MCP) to mitigate harms of separating incarcerated mothers from their babies. It has never been subjected to internal evaluation or independent study. The aim of the qualitative study was to explore the experiences of advocates employed by Elizabeth Fry Societies (EFS), community organizations dedicated to the support of incarcerated women, with respect to supporting people who were pregnant or had young children while federally incarcerated and did or did not participate in the MCP.


“Let's Hear It From The Girls”: Abortion Activism At Cal Poly, 1970-1980, Michelle L. Mueller Sep 2022

“Let's Hear It From The Girls”: Abortion Activism At Cal Poly, 1970-1980, Michelle L. Mueller

The Forum: Journal of History

No abstract provided.


A Deconstructive Reading Of Goodnight Desdemona (Good Morning Juliet), Ansam Riyadh Abdullah Almaaroof, Nibras Ibrahim Mahmood Jul 2022

A Deconstructive Reading Of Goodnight Desdemona (Good Morning Juliet), Ansam Riyadh Abdullah Almaaroof, Nibras Ibrahim Mahmood

Journal of STEPS for Humanities and Social Sciences

Goodnight Desdemona (Good Morning Juliet) is a postmodern synthesis of Shakespeare's two most famous tragedies, Othello and Romeo and Juliet. It takes off where Shakespeare plays shockingly end. The experience of the protagonist Constance in with Desdemona and Juliet is essential to develop her character for the better when she realizes that Desdemona and Juliet are part of her personality. She has to drown in her unconsciousness to find her true self and change her determined identity through socially gender constructs. This study aims at identifying the representation of Shakespeare's women characters in MacDonald's play and their roles in developing …


Patent Performativity, Dan L. Burk May 2022

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 …


The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia Apr 2022

The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia

Independent Study Project (ISP) Collection

My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …


An Institute Of One's Own: Polly Bunting's "Messy Experiment" Of Helping Women Navigate Work-Family Conflict, Linda C. Mcclain Mar 2022

An Institute Of One's Own: Polly Bunting's "Messy Experiment" Of Helping Women Navigate Work-Family Conflict, Linda C. Mcclain

Shorter Faculty Works

Maggie Doherty, The Equivalents: A Story of Art, Female Friendship, and Liberation in the 1960s (2021).

In 1960, Mary (“Polly”) Ingraham Bunting, newly-appointed President of Radcliffe College, wrote an essay for The New York Times Magazine to encourage applications to the new Radcliffe Institute for Independent Study. In the essay, Bunting connected the Institute’s goal of ending the “waste of highly talented, educated womanpower” to helping women as well as to better realizing America’s “heritage” and “aspirations.” The Institute would help “intellectually displaced women”—mothers whose homemaking and childcare responsibilities had interrupted their careers—get back on track through a financial stipend …


Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler Mar 2022

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 …


English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas Jan 2022

English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas

University of Miami Race & Social Justice Law Review

English courts consider the validity of a talaq obtained abroad on the basis of the lex matrimonii, without examining whether the circumstance of the divorce, both factual and legal, offend English public policy. An anthropological inquiry into talaq obtained in most Muslim nations reveals that androcentric culture – as opposed to religious prescription as such – largely distorts the Quranic vision of this institution. This author suggests that English courts and the scholarly/religious community should entertain the notion of the contractual nature of nikah (marriage) in order to assess the consequences of the talaq. If a nikah is entered into …


Corporate Governance And The Feminization Of Capital, Sarah C. Haan Jan 2022

Corporate Governance And The Feminization Of Capital, Sarah C. Haan

Scholarly Articles

At the start of the twentieth century, women made up a small proportion of shareholders in American publicly traded companies. By 1956, women were the majority of individual shareholders. Although this change in shareholder gender demographics happened gradually, it was evident early in the century: Before the 1929 stock market crash, women shareholders had come to outnumber men at some of America’s largest and most influential corporations, including AT&T, General Electric, and the Pennsylvania Railroad. This Article synthesizes information from a range of historical sources to reveal an overlooked narrative of corporate history—the feminization of capital, or the transformation of …


Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams Jan 2022

Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams

Book Chapters

Combining analyses of feminist legal theory, legal doctrine and feminist social movements, this Handbook offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. It connects legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinizes criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent …


Fragments Of An Anarcha-Transfeminist Sociology Of Sex Work, Veronica Andrek Jan 2022

Fragments Of An Anarcha-Transfeminist Sociology Of Sex Work, Veronica Andrek

Senior Projects Spring 2022

The purpose of this study is to explore ways in which feminist and sociological theory can be expanded by looking at the experiences of transgender women who are engaged in sex work specifically with an eye for transfeminist and anarchist political theory. Based on qualitative interviews with five transfeminine sex workers, I found that transfeminine sex workers, while facing substantial obstacles such as criminalization, transmisogyny, and poverty, are capable of building communities and forging new meanings in their lives. Within sex work are opportunities by which to reimagine labor and its role in our lives, with the possibility of abolishing …


An Analysis Of University Students’ Self-Labeling And Perception Of Feminism, Emilie Seibert Dec 2021

An Analysis Of University Students’ Self-Labeling And Perception Of Feminism, Emilie Seibert

Honors Projects

This project investigates students’ perceptions of feminism, whether or not they identify as feminist, and how closely their ideals align with basic feminist ideals. There is currently no research that investigates self-labeling as a feminist among the current generation of college students in the United States. Despite the immense benefits to holding a feminist identification, it is estimated that only about 21% of the United States population identifies as feminist (Swirsky & Angelone, 2014, p. 230). Understanding the perspectives of current students is important as they have the potential to become activists and impact the future of the feminist movement. …


The Changing Landscape Of Women's Rights Activism In China, Rangita De Silva De Alwis, Katherine Schroeder Jul 2021

The Changing Landscape Of Women's Rights Activism In China, Rangita De Silva De Alwis, Katherine Schroeder

Faculty Scholarship at Penn Carey Law

The Beijing Conference was a watershed moment in the history of the global women’s movement and had an unprecedented impact in the Global North and South on lawmaking, institution building, and movement building. This Article details the development of women’s activism in China since the Beijing Conference and how a changing legal landscape impacts this activism. While its progress is emblematic of the inconsistencies in the progression of women’s rights activism since the Beijing Conference, China’s efforts have been significant and varied and represent a model for other countries seeking to reform women’s rights legislation. This Article identifies important lines …


On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin Jun 2021

On Fabric, Feminism And Faulty Legal Systems: Iran’S 1979 Revolution And Its Politics Of Touch, Zeena Amin

Theses and Dissertations

The intersection of body and state is a fascinating phenomenon of modern-day politics. We are continuously subjected to the ingeniousness with which the ruling classes monitor and regulate our bodies; and most times we are not even aware of it. Whether it is for control over resources or political power and authority, the state uses its institutions and various tools available to it for the purpose of maintaining disciplined, uniform populations that could otherwise threaten prevailing power structures. In particular, the patriarchy has perpetuated the notion that a woman’s body is a specific threat to those prevailing power structures. This …


Feminism’S Transformation Of Legal Education And Unfinished Agenda, Jamie Abrams Jun 2021

Feminism’S Transformation Of Legal Education And Unfinished Agenda, Jamie Abrams

Contributions to Books

Feminism has had a broad influence in legal education. Feminist critiques have challenged the substance of legal rules, the methods of law teaching, and the culture of legal education. Following decades of advocacy, feminist pedagogical reforms have generated new fields, new courses, new laws, new leaders, and new feminist spaces. There are many reasons to celebrate the accomplishments of our feminist pioneers and champions. Yet, COVID-19 has also exposed all the vulnerabilities and tenuousness of feminist gains too. Critical work remains for faculty, administrators, and students to carry the work forward with a vigilant purpose and determination.


Repenser Le Genre Face À La Modernité, Soumaya Belhabib May 2021

Repenser Le Genre Face À La Modernité, Soumaya Belhabib

Dirassat

Feminism is claiming the equality between man and woman in society.

The gender approach is the most adequate approach to solve the problem of the discrimination towards women because this approach considers the social context and the culture as important to determine the characteristics of female and male not the physical aspects which concede female as being weak.

In morocco the new family code gives new representation between men and women, but discriminations still in access to education and responsibility in economy and politic, women still prisoner of traditional representations even if they try to access to modern life by …


Periods For Profit And The Rise Of Menstrual Surveillance, Michele E. Gilman Apr 2021

Periods For Profit And The Rise Of Menstrual Surveillance, Michele E. Gilman

All Faculty Scholarship

Menstruation is being monetized and surveilled, with the voluntary participation of millions of women. Thousands of downloadable apps promise to help women monitor their periods and manage their fertility. These apps are part of the broader, multi-billion dollar, Femtech industry, which sells technology to help women understand and improve their health. Femtech is marketed with the language of female autonomy and feminist empowerment. Despite this rhetoric, Femtech is part of a broader business strategy of data extraction, in which companies are extracting people’s personal data for profit, typically without their knowledge or meaningful consent. Femtech can oppress menstruators in several …


Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford Jan 2021

Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford

Pace Law Review

This essay is a collective reflection by thirty-nine law students on feminism, law and culture. In the Spring 2020 semester, the students who enrolled in the Feminist Legal Theory course taught by Professor Bridget Crawford at the Elisabeth Haub School of Law at Pace University were a mixed-gender group of second-year, third-year, and fourth-year students. The course focused on the themes and methods of feminist analysis and the application of feminist legal theories to topics such as intimate partner violence, prostitution, pornography, sexual harassment, reproductive rights, and economic rights. Students attended a traditional seminar meeting once each week. Conversations continued …


Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad Jan 2021

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …


The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik Jan 2021

The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik

Touro Law Review

The Kavanaugh confirmation hearings, the Harvey Weinstein case, and the Jeffrey Epstein case have done us a valuable service. By focusing mass media attention and academic discourse on consent to sex and on assault, they have brought to a boil two issues that have been simmering for some time in feminist circles. The present essay invites readers to consider feminist writings over the last half-century that have influenced this discourse and continue to incite febrile talk today.

First to be examined is the American “heartbalm” regime, an early effort to protect women from the emotional harm resulting from seduction by …


Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block Jan 2021

Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block

Touro Law Review

This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, …


Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey Jan 2021

Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey

Publications

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …


Johnson V. M'Intosh, Alexandra Flynn Jan 2021

Johnson V. M'Intosh, Alexandra Flynn

All Faculty Publications

A title to lands, under grants to private Individuals, made by Indian tribes or Nations northwest of the river Ohio, in 1773 and 1775. The decision of the United States District Court is deemed to be in error. ERROR to the District Court of Illinois. This was an action of ejectment for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians, and by the defendant, under a grant from the United States.


Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes Jan 2021

Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes

All Faculty Publications

Advocates of decarcation often focus their critiques on imprisonment for non-violent offences. In this vein, current advocacy efforts to end mandatory sentences in Canada tend to carve out “serious violent offences” as not part of a reform agenda. In this chapter, Debra Parkes sketches out the contours of an argument for why feminists might not want to cede that ground, why anti-carceral feminism might involve centering our analysis on the most, rather than the least, serious crimes – starting with those who are serving life sentences for murder. Parkes identifies four non-exhaustive reasons for that focus. The first reason relates …


The Changing Landscape Of Women’S Rights Activism In China: The Continued Legacy Of The Beijing Conference, Rangita De Silva De Alwis, Katherine A. Schroeder Jan 2021

The Changing Landscape Of Women’S Rights Activism In China: The Continued Legacy Of The Beijing Conference, Rangita De Silva De Alwis, Katherine A. Schroeder

Faculty Scholarship at Penn Carey Law

The Beijing Conference was a watershed moment in the history of the global women’s movement and had an unprecedented impact in the Global North and South on lawmaking, institution building, and movement building. This Article details the development of women’s activism in China since the Beijing Conference and how a changing legal landscape impacts this activism. While its progress is emblematic of the inconsistencies in the progression of women’s rights activism since the Beijing Conference, China’s efforts have been significant and varied and represent a model for other countries seeking to reform women’s rights legislation. This Article identifies important lines …


The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez Jan 2021

The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Feminist Economic Perspective On Contract Law: Promissory Estoppel As An Example, Orit Gan Jan 2021

A Feminist Economic Perspective On Contract Law: Promissory Estoppel As An Example, Orit Gan

Michigan Journal of Gender & Law

Economic analysis is a highly influential theoretical approach to contract law. At the same time, feminist analysis of contract law offers an important critical approach to the field. However, feminist economics, a prominent alternative approach to mainstream neo-classical economics drawing from both economic theory and feminist theory, has only been applied scarcely and sporadically to contract law. This Article seeks to bridge this gap and to apply the key features of feminist economics to an analysis of the doctrine of promissory estoppel. This Article uses promissory estoppel as an example to demonstrate a feminist economic analysis of contract law.