Law Commons^™

A Good Death: End-Of-Life Lawyering Through A Relational Autonomy Lens, Genevieve Mann

Washington Law Review

Death is difficult—even for lawyers who counsel clients on end-of-life planning. The predominant approach to counseling clients about death relies too heavily on traditional notions of personal autonomy and a nearly impenetrable right to be free from interference by others. Rooted in these notions, contracts called “advance directives” emerged as the primary tool for choosing one’s final destiny. Nevertheless, advance directives are underutilized and ineffective because many people are mired in death anxiety, indecision, and the weight of planning for a hypothetical illness. In the end, many do not get the death they choose: to trust in others and share …

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 …

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 …

Happily Ever After, Phoebe C. Ellsworth

Book Chapters

I have been lucky in my upbringing and education, and especially in having advisors who let me do what I wanted to even when they didn’t think it was a good idea. This allowed me to have a deeply rewarding career devoted to two entirely different topics – basic theory and research on emotion, and applied theory and research in psychology and law. My career spanned the period from when women were considered unsuitable for scientific or academic work through the rise of feminism, so although I faced obstacles, the culture was changing quickly enough that my unusual choices soon …

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 …

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

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 …

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 …

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 …

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 …

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …

A Taxing Feminism, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Feminist perspectives are not new to tax law. The first academic piece bringing a feminist perspective to bear on tax law dates to the early 1970s, when Grace Blumberg published “Sexism in the Code: A Comparative Study of Income Taxation of Working Wives and Mothers.” Contemporaneously, none other than Ruth Bader Ginsburg (along with her tax lawyer husband Marty Ginsburg) brought a feminist perspective to bear on tax law when she argued Moritz v. Commissioner before the Tenth Circuit Court of Appeals, as depicted in the movie On the Basis of Sex. Since then, numerous other contributions have been …

Marielle Franco, Rhaissa Sanches

Faculty Curated Undergraduate Works

Marielle Franco was a Black, Brazilian activist (1979-2018) who rose from the favelas (poor areas) of Rio de Janeiro to be elected as a councilwoman in Rio's election of 2016. Franco was known for exposing the violence waged in the favelas by Brazil's military and police under the "pretense of maintaining law and order," as well as how the militia wields power over those who live in the favelas. In addition to detailing Franco's life, activism and death, this paper also explains the history and development of the favelas in Rio de Janeiro, as well as the negative attitudes held …

Thinking Globall, Acting Locally: Cedaw And Women's Human Rights In San Francisco, Susan Hagood Lee Phd

Societies Without Borders

While the United States has ratified many of the international human rights treaties, some have been left languishing in the Senate including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In response to Senate failure to ratify the women's treaty, the city of San Francisco passed its own CEDAW ordinance in 1998 to implement the principles of women's human rights in its jurisdiction. Several factors contributed to the successful passage of the CEDAW ordinance, including a sturdy base of feminist institutions developed over three decades of women's activism, determined leadership with the commitment, skills, and …

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg

Senior Theses and Projects

Colonialism/capitalism1 continue to create and exploit a dehumanised labour population in the pursuit of profit and power. The current formation of such a population is formed through heterosexist, xenophobic and racist ideologies revealed in the discourses and practises surrounding the (mis)treatment of refugees, as well as sex tourism and human trafficking in Trinidad and Tobago. The legal backbone of these three modern expressions of colonialism/capitalism in Trinidad and Tobago are the Sexual Offenses Act, the Trafficking in Persons Act, and the Immigration Act. In effect, undocumented migrants, refugees, and sex workers are criminalised, barred access to human rights, and become …

Against All Odds: A Legacy Of Appropriation, Contestation, And Negotiation Of Arab Feminisms In Postcolonial States, Hoda Elsadda

Journal of Feminist Scholarship

Arab feminists have always faced challenges related to the burden of colonialism, accusations of westernization, isolation from their cultural heritage, and elitism, but the biggest challenge of all has been the fact that their activism and their entire lives have all been in the context of authoritarian postcolonial states. This article engages with a persistent challenge to Arab feminists that questions their impact, their awareness of their cultural and societal problems, and undermines their achievements over the years. It constructs a narrative of what feminists have achieved against all odds, within the constraints of authoritarian postcolonial states that have politically …

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal of Analysis of Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.

Prostitution And Public Policy. The Nordic Model Versus The Pimping Of Prostitution, Christopher A. Bagley

Dignity: A Journal of Analysis of Exploitation and Violence

In this review of recent books on public policy and prostitution, Julie Bindel’s The Pimping of Prostitution is sympathetically reviewed. Her thesis, that the libertarian movement seeking to remove prostitution from legal and public policy spheres has done grave harm to the lives of boys, girls and women, is elaborated by quotations from her chapters. This book is an important resource for those who campaign for the rights of women and children to be free of commercial sexual exploitation. The reviewer offers a critical realist perspective on Bindel’s work, in advocating that future scholars should use her extensive research for …

Caption This: Police In Pussyhats, White Ladies, And Carceral Psychology Under Trump, Alison R. Reed

English Faculty Publications

No abstract provided.

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …

Feminism And Economic Inequality, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Older Indigent Women’S Economic Crimes: Subsuming Feminism In Favour Of A Human Rights Explanation, Patricia Joan Rhodes

Theses: Doctorates and Masters

Many people today believe the concept of gender inequality is outmoded, irrelevant and unnecessary in Western societies that are deemed egalitarian. As a consequence, feminism as a movement with gender equality at its core has often been proclaimed ‘dead’,a relic of the past. Feminist perspectives, nevertheless, have produced differing points of view about the sources of gender inequality affecting crime rates and criminal behaviour.

For the last 50 years or so, women and girls have been the subject of criminological research that has largely evolved from sociological perspectives and specifically from feminism. Although gender intersects with other social realities and …

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Foundling Fathers: (Non-)Marriage And Parental Rights In The Age Of Equality, Serena Mayeri

All Faculty Scholarship

The twentieth-century equality revolution established the principle of sex neutrality in the law of marriage and divorce and eased the most severe legal disabilities traditionally imposed upon nonmarital children. Formal equality under the law eluded nonmarital parents, however. Although unwed fathers won unprecedented legal rights and recognition in a series of Supreme Court cases decided in the 1970s and 1980s, they failed to achieve constitutional parity with mothers or with married and divorced fathers. This Article excavates nonmarital fathers’ quest for equal rights, until now a mere footnote in the history of constitutional equality law.

Unmarried fathers lacked a social …

The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman

Senior Projects Spring 2016

The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …

An Analysis And Examination Of College Undergraduates' Perceptions Of Women In Law Enforcement, William T. Stone ~

Honors College Theses

Throughout the course of history, various perceptions of gender and the roles that each gender should play have been observed. As Western society has progressed, so have the rights of women in many modern, developed nations. In America, women became an integral part of the workforce during World War II. When the war was over, however, they were expected to return to a more domestic role. Today, the number of women in the workplace continues to increase; however, many disparities continue to exist. Traditionally masculine careers, such as policing, have seen smaller increases in the number of women in these …

The Limits Of Feminism, Emily Sherwin

Emily L Sherwin

No abstract provided.