Law Commons^™

The Awareness Of Missing And Murdered Indigenous Women And Girls (Mmiwg): Policy Steps Toward Addressing The Crisis, Meenakshi P. Richardson, Kimberly Klein, Stephany Runninghawk Johnson

American Indian Law Journal

No abstract provided.

Ting Ting Cheng Appointed As Director Of Columbia Law School’S Era Project, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

New York, New York — Today, the Equal Rights Amendment (ERA) Project at Columbia Law School announced that Ting Ting Cheng has been appointed as the Project’s first Director. Ms. Cheng has wide-ranging experience as an advocate for gender justice and brings an ambitious strategic vision to the ERA Project’s work.

Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Resolutions Without Resolve: Turning Away From Un Security Council Resolutions To Address Conflict-Related Sexual Violence, Emma K. Macfarlane

Michigan Journal of Gender & Law

In 2008, the United Nations first recognized rape as a war crime with the passage of U.N. Security Council Resolution 1820. Since then, the fight against conflict-related sexual violence has become a frequent subject of Security Council Resolutions. But what, if anything, has changed? Wartime sexual violence is still prevalent today and shows no signs of slowing down. This Note argues that Security Council Resolutions are not an effective method to prevent conflict-related sexual violence. The procedural weaknesses in passing Security Council Resolutions and the structure of the Security Council itself may do more harm than good to the efforts …

The Stability Paradox: The Two-Parent Paradigm And The Perpetuation Of Violence Against Women In Termination Of Parental Rights And Custody Cases, Judith Lewis

Michigan Journal of Gender & Law

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable.

This Article …

#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel

Capstone Showcase

Alarmingly, the female murder rate in South Africa is five times the global average (BBC News 2019). According to data from 2017 and 2018, a woman is murdered every four hours in South Africa (Wilkinson 2019). More than 30 women were killed by their spouses in August 2019, and at least 137 sexual offenses are committed per day in South Africa (Francke 2019).

For this thesis, and in order to understand why South Africa has some of the highest rates of violence against women in the world, I consult a number of scholars who conclude that the overall issue of …

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Do Gun Policies Really Protect Women? A Cross-National Test Of The Relationship Between Gun Regulations And Female Homicide Victimization, Janet Stamatel, Kathleen Ratajczak, Robert Hoekstra

Sociology Faculty Publications

Globally, firearms are the most frequent means of committing homicide with young males most likely to be victimized with guns. However, within the context of intimate partner violence and family violence, females’ risk of lethal gun violence rises significantly, supporting the need to pay more attention to firearms to reduce lethal VAW. One way to protect women from firearm violence within the private sphere is to regulate access to guns based on the risk of family violence. This study examines the extent to which gun availability and gun regulations affect lethal violence against women in a relatively large sample of …

#Metoo And The Pursuit Of Women's International Human Rights, Benedetta Faedi Duramy

Publications

IN THE PAST YEAR, high profile cases and the ensuing #MeToo movement have raised much attention on issues surrounding gender discrimination, violence against women, and sexual harassment in the workplace. In the United States, allegations of sexual assault and harassment spawned the deposition or resignation of prominent figures in the entertainment, media, dining, and business industries following the onset of the #MeToo social media movement.' In the rest of the world, many people also embraced the online crusade by sharing the hashtag millions of times or creating their own versions of it. Feminists and scholars have since attempted to keep …

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

Between The Margins And The Mainstream: The Case Of Women's Rights, Hilary Charlesworth, Christine M. Chinkin

Book Chapters

This chapter investigates the conceptual limits of the field of women’s rights. It identifies two main currents of activity in the field: the elaboration of human rights standards, particularly through the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979; and the development of the ‘Women, Peace and Security’ agenda by the UN Security Council since 2000. Both areas are limited in their understandings of the diverse lives of women. The chapter argues that campaigns for the recognition of women’s rights shuttle between the mainstream and the margins of international law and that the structural …

On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova

Review of law sciences

In the article, the author examines a fight for elimination violence against women in the OSCE and Republic of Uzbekistan. Using corresponding, statistical and normative sources over grounding actuality of fight against this evil, the author recommends establishing the position of the authorized agent of Oliy Majlis of the Republic of Uzbekistan – Оmbudsman for protecting the rights of women and children.

On Combating Violence Against Women In Uzbekistan And In Countries Of Osce, G. Maxamadjanova

Review of law sciences

In the article, the author examines a fight for elimination violence against women in the OSCE and Republic of Uzbekistan. Using corresponding, statistical and normative sources over grounding actuality of fight against this evil, the author recommends establishing the position of the authorized agent of Oliy Majlis of the Republic of Uzbekistan – Оmbudsman for protecting the rights of women and children.

Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.

Donna M. Hughes

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

An Administrative Right To Be Free From Sexual Violence? Title Ix Enforcement In Historical And Institutional Perspective, Karen M. Tani

All Faculty Scholarship

One of the most controversial administrative actions in recent years is the U.S. Department of Education’s campaign against sexual assault on college campuses. Using its authority under Title IX of the Education Amendments of 1972 (mandating nondiscrimination on the basis of sex in all educational programs and activities receiving federal funds), the Department’s Office for Civil Rights (OCR) has launched an enforcement effort that critics denounce as aggressive, manipulative, and corrosive of individual liberties. Missing from the commentary is a historically informed understanding of why this administrative campaign unfolded as it did. This Essay offers crucial context by reminding readers …

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Amnesty International's Empty Promises: Decriminalization, Prostituted Women, And Sex Trafficking, Darren Geist

Dignity: A Journal of Analysis of Exploitation and Violence

Through a close examination of Amnesty International’s (Amnesty) own arguments and sources, this paper demonstrates that Amnesty’s proposal to decriminalize prostitution or “sex work” will harm those it claims to help. It concludes that the best available evidence indicates that decriminalization of prostitution would: increase sex trafficking, leave prostituted women or “sex workers” more vulnerable to violence, and reduce access to healthcare, protection, and services. Prostituted women primarily enter the industry at a young age, often suffering from a history of sexual and physical abuse, coming from marginalized and vulnerable communities, and driven by emotional and economic desperation. It is …

Taming The Tigers: Domestic Violence, Legal Professionalism, And Well-Being, Jill Engle

Jill Engle

Domestic violence kills thousands of American women every year. In 2013, one of them was my client. My law school clinic represented a woman divorcing her abusive husband after twenty years of marriage. Three days after we served him with the divorce complaint, he walked into the grocery store where she worked and shot her dead. He then turned the gun on himself, and died from self-inflicted gunshot wounds. The lead student working her case listened in horror as one of our local colleagues who had heard the breaking news described it to her in a phone call to the …

The Pregnancy Penalty, Michele Goodwin

Health Matrix: The Journal of Law-Medicine

Punishing pregnant women increasingly serves as a litmus test in political discourse, inviting more than a metaphor about state sanctioned violence targeted at women. In 2016, candidates for the United States presidency threatened to defund Planned Parenthood if elected and a leading candidate promised he would "punish" pregnant women who seek abortions. Other presidential candidates urged that even victims of rape and incest should be forced to carry their pregnancies to term, imposing yet another penalty or strike against sexually violated women and girls. Local legislatures and governors show equal contempt for and desire to penalize women in the United …

#Sayhername Captured: Using Video To Challenge Law Enforcement Violence Against Women, Amber Baylor

Faculty Scholarship

Recorded encounters between women of color and police officers have been invaluable in bringing the reality of these interactions into the living rooms of otherwise unknowing Americans. The recordings are instrumental pieces of documentation and evidence, with the power to impact verdicts and galvanize the domestic struggle for human rights outside of the courtroom. They also are fraught with ethical issues that must be addressed by attorneys and activists hoping they effect change. Complexities such as implicit biases, editing and sourcing of videos, anonymity for those attacked and bystanders, and vicarious trauma on affected communities complicate use of violent police …

Combating Acid Violence In Bangladesh, India, And Cambodia, Sital Kalantry, Jocelyn Getgen Kestenbaum

Sital Kalantry

This Report is the first comprehensive, comparative study of acid violence that examines the underlying causes, its consequences, and the multiple barriers to justice for its victims. Acid attacks, like other forms of violence against women, are not random or natural phenomena. Rather, they are social phenomena deeply embedded in a gender order that has historically privileged patriarchal control over women and justified the use of violence to “keep women in their places.” Through an in-depth study of three countries, the authors of the Report argue that the due diligence standard can be a powerful tool for state and non-state …

Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.

Surabhi Chopra Prof.

DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA

This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.

I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …

Taming The Tigers: Domestic Violence, Legal Professionalism, And Well-Being, Jill C. Engle

Journal Articles

Domestic violence kills thousands of American women every year. In 2013, one of them was my client. My law school clinic represented a woman divorcing her abusive husband after twenty years of marriage. Three days after we served him with the divorce complaint, he walked into the grocery store where she worked and shot her dead. He then turned the gun on himself, and died from self-inflicted gunshot wounds. The lead student working her case listened in horror as one of our local colleagues who had heard the breaking news described it to her in a phone call to the …

Safety Concerns, Fear And Precautionary Behavior Among College Women: An Exploratory Examination Of Two Measures Of Residency, Adam J. Pritchard, Carol E. Jordan, Pamela Wilcox

Office for Policy Studies on Violence Against Women Publications

This study examines the impact of two distinct measures of residency on college women's perceptions of safety, fear of crime and precautionary behaviors within both on-campus and off-campus areas. A student's current residency either on- or off-campus and a student's prior residency in a metropolitan, micropolitan or rural county prior to college are compared across these three aspects of campus safety. Current residency is found to be significantly related to a student's perceptions of safety in off-campus areas around campus, as well as the likelihood of engaging in precautionary behaviors such as avoiding specific locations on campus or carrying or …

A Provocative Defense, Aya Gruber

Publications

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …