Law Commons^™

A Legal Herstory Of Wwii ‘Comfort Women’ — Chapters: Past, Present, And Beyond, Linny Kit Tong Ng

LL.M. Essays & Theses

This paper delves into the legal accountability and historical narrative, which go hand in hand, surrounding the comfort women system implemented by the Imperial Japanese Army during WWII. These women, including my late grandmother from South Korea, were forced into sexual slavery, servicing Japanese soldiers across the Asia-Pacific. Despite being one of the most significant atrocities in history, with victims from 10 countries and between 20,000 to 500,000 individuals, the plight of comfort women remains relatively unheard of.

The politicization of the comfort women movement has been a barrier to both acknowledgment and justice. My grandmother's silence for 80 years …

Connecting Nuclear Security To International Frameworks On Gender And Security, Kathleen A. Doty, Jessica S. Burniske

International Journal of Nuclear Security

The international community is slowly beginning to recognize the intersections between law and policy as it relates to international security—particularly arms control, nonproliferation, and disarmament—and the body of human rights law that addresses gender equality. Notably absent from this discussion is the field of nuclear security. Despite its historical underpinnings as an inherently domestic activity, nuclear security is thoroughly grounded in international treaty law. However, nuclear security is often overlooked in the international security context and has not been well-situated in international instruments that address gender equality. We argue that gender equality in nuclear security should be understood as an …

Women In Nuclear Power Programs: Case Studies From Africa, Jessica S. Burniske, Chanel Chauvet-Maldonado, Beth Kaboro, Madalina Man, Susan Nalumansi

International Journal of Nuclear Security

Approximately 30 countries are considering, planning, or starting nuclear power programs, and nearly 20 more countries have expressed interest in nuclear power. Most of these countries are nuclear newcomers. According to the International Atomic Energy Agency (IAEA), a nuclear power program is a major undertaking requiring careful planning, preparation, and investments in institutions and human resources because of the safety, security, and safeguards requirements associated with the use of nuclear energy. The IAEA Milestones Approach states that states should follow three phases of development to establish the necessary infrastructure for a nuclear power program. Nuclear security is one of the …

Care Work, Gender Equality, And Abortion: Lessons From Comparative Feminist Constitutionalism, Linda C. Mcclain

Faculty Scholarship

Julie Suk, After Misogyny: How the Law Fails Women and What to Do About It (2023).

Julie Suk’s ambitious book, After Misogyny: How the Law Fails Women and What to Do About It, contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment. That “moment” includes being four years into the COVID-19 pandemic and over one year into the post-Roe v. Wade and Planned Parenthood v. Casey world wrought by Dobbs v. Jackson Women’s Health Organization. That moment …

The Ali Principles Of The Law Of Family Dissolution: Addressing Inequality Through Functional Regulation, Linda C. Mcclain, Douglas Nejamie

Faculty Scholarship

As part of a volume commemorating the American Law Institute on its centennial, this Essay reflects on the ALI Principles of the Law of Family Dissolution. We show how the Principles’ drafters intervened in cutting-edge issues at a time of flux in family law in ways that elaborated a progressive agenda that would continue to gain traction in the years after the Principles’ publication in 2000. Beginning from the assumption that family law should reflect how people actually live, the drafters developed a functional, rather than formal, approach to legal regulation. Such an approach, they believed, could vindicate commitments to …

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

Four Basic Postulates Concerning Women And Workplace Bullying In The United States, David C. Yamada

FIU Law Review

Responding to Kerri Lynn Stone's "Panes of the Glass Ceiling," this article delves into the pervasive issue of workplace bullying and its nuanced impact on women in professional settings. Stone's book identifies distinct "panes" of gender bias hindering women's progress, with a focus on workplace bullying as a major sub-theme. The essay proposes four postulates, drawing on national surveys by the Workplace Bullying Institute and articles from the author's professional blog, Minding the Workplace. Emphasizing the disproportionate targeting of women, the role of male perpetrators, complexities surrounding female perpetrators, and the potential of anti-bullying laws, the essay contributes to understanding …

Shattering Stereotypes, Stephanie Bornstein

FIU Law Review

Amidst the paradoxical landscape of gender progress and regression, this article explores the intricate intersection of recent legal developments and persistent gender disparities. As the U.S. Supreme Court attains near gender parity, paradoxically, its Dobbs opinion overturns Roe v. Wade, spotlighting the precarious state of reproductive autonomy. Professor Kerri Stone's seminal work, "Panes of the Glass Ceiling," illuminates pervasive gender stereotypes shaping workplace dynamics. Beyond examining stereotyping's legal implications, Stone reveals the "unspoken beliefs" manifesting as distinct "panes" of the glass ceiling. This analysis delves into each pane, underscoring the evolving challenges facing women in contemporary workplaces and offering a …

Diversity And Reimagining The Internal-External Dichotomy, Elizabeth Pollman

All Faculty Scholarship

In Duty and Diversity, two distinguished voices in business law, Professor Chris Brummer and former Chief Justice of the Delaware Supreme Court Leo E. Strine, Jr., make the case that corporate law provides “critical tools” to support corporations in taking effective action to help reduce racial and gender inequality. Specifically, they argue that “the pursuit of Diversity, Equity, and Inclusion is solidly authorized by the operation of traditional corporate law principles and can even be easily squared with the views of those who embrace what has come to be known as ‘shareholder primacy.’ ”Examining demographics in corporate boards and executive …

A Gender-Based Approach To Historical Child Support: Comment On Colucci V Colucci, Jodi Lazare, Kelsey Warr

Articles, Book Chapters, & Popular Press

In June 2021 the Supreme Court of Canada (the “Court”) released Colucci v Colucci, its second decision in twelve months dealing with the complex subject of historical (commonly referred to as retroactive) child support. The case worked a significant shift in the law, arguably the first major revision to the law since the Court’s initial consideration of historical child support in DBS, in 2006. This comment suggests that Colucci represents a new understanding of the way that claims for historical child support should be considered in Canadian family law. The comment argues that in changing the applicable framework, …

Utilizing Tax Incentives To Increase Gender Parity On Corporate Boards, Mary Tursi

Law Student Publications

"Women are drastically underrepresented in positions of power and prominence in the United States. As of 2021, women hold only thirty percent of board seats on the S&P 500. The number is much smaller for private corporations. One study found that in 2020, women occupied only eleven percent of board seats for private corporations. Given these statistics, it is unsurprising that a 2021 study predicts that corporate boards will not reach gender parity until 2032." [..]

World Peace And Gender Equality: Addressing Un Security Council Resolution 1325’S Weaknesses, Elizabeth Griffiths, Sara Jarman, Eric Talbot Jensen

Michigan Journal of Gender & Law

The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, …

Challenges In Bringing Gender Equity Into The Workplace: Addressing Common Concerns Women Have When Deciding To Hold Employers Accountable For Gender Discrimination, Siobhan Klassen

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

1 Step Forward 2 Steps Back: The Transgender Individual Right To Access Optimal Health Care, Alexandre Rotondo-Medina

Journal of Race, Gender, and Ethnicity

No abstract provided.

Foreword, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.

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

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy Thomas

Con Law Center Articles and Publications

A key question for legal scholars and political scientists is whether women jurists judge differently than men. Some studies have suggested that women judges are more likely to support plaintiffs in sexual harassment, employment, and immigration cases. Other studies conclude that women are more likely to vote liberally in death penalty and obscenity cases, and more likely to convince their male colleagues to join a liberal opinion. Yet other studies have found little evidence that women judge differently from men.

This article explores the jurisprudence of the first woman judge, Judge Florence Allen, to test these claims of gender difference …

The Long History Of Feminist Legal Theory, Tracy Thomas

Con Law Center Articles and Publications

This chapter challenges the conventional idea that feminist legal theory began in the 1970s. The advent of legal feminism is usually placed in the second wave feminist movement, birthed by the political activism of the women’s liberation movement and nurtured by the intellectual leadership of women scholars newly entering legal academia. However, legal feminism has a much longer history, going back more than a century earlier. While the term “feminist” was not used in the United States until the 1910s, the foundations of feminist legal theory were first conceptualized as early as 1848 and developed over the next one hundred …

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Is The Legal Profession Too Independent?, Limor Zer-Gutman, Eli Wald

Marquette Law Review

Faced with mounting pressure to permit national law practice and increase

access to legal services for those who cannot afford to pay for them and

critiques about growing inequality and its failure to lead the battles for greater

gender and racial justice, the legal profession’s response has been to resist

reform proposals by invoking its independence. Lawyers and lawyers alone,

asserts the profession, ought to determine the pace and details of nationalizing

law practice, set the conditions under which nonlawyers and artificial

intelligence can offer legal services, and respond to growing inequality among

lawyers and concerns about the role lawyers …

Symposium: The 19th Amendment At 100: From The Vote To Gender Equality: The Constitutional Development Of The Nineteenth Amendment In The Decade Following Ratification, Paula A. Monopoli

ConLawNOW

This essay is based on my remarks at the Center for Constitutional Law’s symposium on the Centennial of the Nineteenth Amendment. It offers a brief summary of the thesis of my forthcoming book from Oxford University Press. In Constitutional Orphan: Gender Equality and the Nineteenth Amendment (forthcoming 2020), I argue that the ratification of the Nineteenth Amendment in 1920 represented a significant moment in American history, one which held the promise of change in the political, civil and social status of women in our republic. However, what emerged from a decade of contestation was a thin conception of the Nineteenth’s …

Expanding Peña-Rodriguez V. Colorado To Protect Criminal Defendants From Explicit Gender Animus, Katie Hicks

Arkansas Law Review

In 2017, the United States Supreme Court extinguished explicit racial animus expressed during juror deliberations criminal trials. Though courts have repeatedly cloaked the jury’s deliberation room—essentially, “black box”—in impenetrable armor, Miguel Angel Peña-Rodriguez leveraged the American promise of equality, piercing a juror’s animus and bringing it within reach of the Court. His case established that protection of the jury’s black box decision making must yield to an even more fundamental protection: the equal protection of the law and the right to a fair and impartial trial by jury.

Symposium: The 19th Amendment At 100: From The Vote To Gender Equality: Woman Suffrage: The Afterstory, Ellen Carol Dubois

ConLawNOW

The history of the US woman suffrage movement did not end with the ratification of the Nineteenth Amendment in 1920. While numbers slowly grew of eligible women voting, veterans of the suffrage movement organized to win elective office and use the power of women's votes to gain important legislative gains. This article follows both voting rates and women winning public office up to the revival of feminism in the 1960s.

More Than The Vote: The Nineteenth Amendment As Proxy For Gender Equality, Tracy Thomas

Con Law Center Articles and Publications

The original idea behind the Nineteenth Amendment was never just about the vote. Instead, the first women's rights movement 175 years ago, like the modern movement for the Equal Rights Amendment, sought comprehensive equality for women in all avenues of life. The constitutional text for women’s full equality and emancipation has changed over the centuries; first embodied in the grant of the vote as a proxy for structural change, and now incorporated into the demand for “equal rights.” Yet women have been consistent over time in understanding the radical idea that systems of governance, family, industry, and church need dismantling …

2019 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Top News & Events, page 3

Clinics News, page 13

Faculty with Impact, page 16

Q&A with Dean Melanie Leslie, page 21

Cardozo Women: A Legacy of Leadership, page 22

Cardozo Kicks Off 'Women's Votes, Women's Voices: 19 at 100'- A Year Long Speaker Series, page 38

Professor Recognized for His Advocacy on Behalf of Holocaust Victims in France, page 40

Justice Stevens' Interview with Professor Kate Shaw, page 44

Human Rights Clinic Director Pushes for Gender Equality, page 48

Student News, page 50

Movers & Shakers, page 54

Alumni News & Class Notes, page 56

End …

The Technology Enterprise: Systemic Bias Against Women, Lori Andrews

All Faculty Scholarship

No abstract provided.

Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams

Jamie R. Abrams

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."