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Full-Text Articles in Law
The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder
The Constitution And Societal Norms: A Modern Case For Female Breast Equality, Brenna Helppie-Schmieder
DePaul Journal of Women, Gender and the Law
“The Constitution and Societal Norms: A Modern Case for Female Breast Equality” argues that laws prohibiting the public display of the female breast, but not the male breast, are unconstitutional under the Fourteenth Amendment’s Equal Protection Clause. That these laws discriminate against women is obvious, yet courts have historically refused to recognize an Equal Protection Clause violation. However, the primary reasons courts rely upon are ripe for review. Most significantly, courts typically justify female breast censorship laws based on the government interest in protecting public sensibilities, without recognizing that public sensibilities change. Indeed, perceptions of the public female breast have …
Covernance: Feminist Theory, The Islamic Veil, And The Strasbourg Court's Jurisprudence On Religious Dress-Appearance Restrictions, Amina Haleem
DePaul Journal of Women, Gender and the Law
This paper explores how the human right of religious freedom has been conceptually and pragmatically developed under international law within the European Court of Human Rights as applied to veiled Muslim women. This paper analyzes the application of human rights guarantees as established in the European Convention on Human Rights and case law established by the European Court that has interpreted international documents to determine the religious freedoms of veiled Muslim women in the public sphere. The analytical framework identifies the divergence between liberal and third wave feminist approaches to the Islamic veil, and identifies the feminist approaches to international …
Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia
Mothers Behind Bars: Breaking The Paradigm Of Prisoners, Anna Mangia
DePaul Journal of Women, Gender and the Law
Prison is an oppressive institution created for men, by men. While some may argue that oppression is the point of prison, this oppression is still created for and directed toward men. Because the paradigm of a prisoner is a violent male, the needs and concerns of women are often not considered. Female prisoners, therefore, experience layers of oppression: intended oppression inherent in the prison system, as well as gender-based oppression inherent in our society. Furthermore, incarcerated mothers experience a third layer of oppression due to their roles and expectations in society. “The mother” is glorified, but when a woman breaks …
Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass
Divorcing Gender From Marriage: A Feminist Perspective On The Jurisprudence Of Transgendered Marriage, Michelle Cass
DePaul Journal of Women, Gender and the Law
Sex is an immutable characteristic; says who? As transgendered people and LGBTQQ (lesbian, gay, bisexual, transgender, queer, questioning) issues gain more traction and recognition, the clear contours of sex and gender are fading, and a more fluid concept of gender is emerging. However, the American legal system lags behind the mutability of gender in an environment where the conceptualization and understanding of gender is becoming ever more nuanced and complex. This is most apparent in the law’s treatment of transgendered marriage: a marriage involving at least one person who identifies as transgendered. A transgendered person can be defined as a …
Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn
Fifty Shades Of Oppression: Sadomasochism, Feminism, And The Law, Jacqueline Horn
DePaul Journal of Women, Gender and the Law
Can sadomasochism (S/M) be reconciled with feminism? When pain is pleasure and humiliation is empowerment, how should the law respond? This article investigates S/M under the legal gaze, particularly the manner in which legal theory and legal practice have constructed female masochism. This article argues that the jurisprudence of S/M is formed by the perception of the “sexual other” as a threat to the normative sexual behavior the law has worked tirelessly to maintain. Historically, society – and by extension the law – has been intolerant of behavior that transgresses sexual norms. As Laura A. Rosenbury and Jennifer E. Rothman …