Law and Gender Commons^™

Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein

Cardozo Journal of Conflict Resolution

The purpose of this Note is to show that, although the FCA has positively impacted U.S. military operations, the so-called "combat exclusion" severely hampers its effectiveness. Therefore, Congress should eliminate the distinction between combat and noncombat claims and adopt a unified, permanent claims system to adjudicate all claims made by civilians against U.S. military forces operating overseas. Part II of this Note explores the origins of the "combat exclusion" in international law, and Part III traces the history of civilian compensation through World War I and World War II. Part IV surveys U.S. military use of the FCA and ad …

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson, Beth Van Schaack

Faculty Publications

Although the substantive law concerned with gender violence is now well established, and the principle of legality can no longer serve as a barrier to prosecutions for gender violence, significant obstacles remain to ensuring a robust system of gender justice in international criminal law in the face of continued violations. These obstacles are less visible than defects in positive law because they emerge in the practice of international criminal law at crucial yet shrouded stages of the penal process: investigation, charging, pre-trial plea negotiations, trial preparation, theprovision of protective measures, and appeals. Most importantly, strong positive law is irrelevant where …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Cedaw, Compliance, And Custom: Human Rights Enforcement In Sub-Saharan Africa, Angela M. Banks

Faculty Publications

No abstract provided.

Developments In The Prosecution Of Gender-Based Crimes - The Special Court For Sierra Leone Experience , Hon. Theresa Doherty

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sácouto, Katherine Cleary

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Obstacles On The Road To Gender Justice: The International Criminal Tribunal For Rwanda As Object Lesson , Beth Van Schaak

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lessons From The Special Court For Sierra Leone On The Prosecution Of Gender-Based Crimes, Valerie Oosterveld

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Investigation And Prosecution Of Sexual And Gender-Based Crimes Before The International Criminal Court, Diane Lupig

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Virginity Testing And South Africa's Hiv/Aids Crisis: Beyond Rights Universalism And Cultural Relativism Toward Health Capabilities, Erika George

Faculty Scholarship

In this Article, I explore the tension between the politics of culture and the rights of women and girls to equality, privacy, and sexual autonomy in the context of epidemic disease. Specifically, this Article examines the political debate surrounding the resurgence of virginity testing, its widespread popular support in certain communities, and the South African government's recent efforts to prohibit the practice. This Article argues that the current debate over virginity testing, which focuses on abolition or accommodation of the practice, is misguided and polarizing. It argues that these perspectives on the debate increase the likelihood that the problem causing …

Sex And Globalization, Berta E. Hernández-Truyol

UF Law Faculty Publications

For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields—certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and seek to …

The Earth Turned To Bring Us Closer, Bruce L. Hay

Cardozo Law Review

No abstract provided.

Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Feminist Scholarship

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Power Of Interpretation: Religious Scholars Elevate The Status Of Female Guardians In Jewish Law, Yehiel S. Kaplan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Tribal Customary Law In Jordan, Ann Furr, Muwafaq Al-Serhan

South Carolina Journal of International Law and Business

No abstract provided.

The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …

Reproductive Injustice: An Analysis Of Nicaragua's Complete Abortion Ban, Jocelyn E. Getgen

Cornell Law Faculty Publications

No abstract provided.

Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed

Faculty Scholarship

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …

The Military Abortion Ban: How 10 U.S.C. Section 1093 Violates International Standards Of Reproductive Healthcare, Sabrina E. Dunlap

ExpressO

Under 10 U.S.C. Section 1093, women in the military cannot obtain abortion services in military hospitals even if they use their own funds. Women who are stationed abroad are forced to search for services elsewhere in the foreign country in which they are stationed, facing cultural barriers, language barriers, difficult travel arrangements and high costs. In the last ten years, clear standards of reproductive health emerged at an international level, with women’s health being the center of the International Conference on Population and Development, and the Fourth World Conference on Women, among others. The United States is simultaneously encouraging developing …

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome

Campbell Law Review

This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.

Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa

Human Rights Brief

No abstract provided.

The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant

Campbell Law Review

No abstract provided.

Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Women As Architects Of Peace: Gender And The Resolution Of Armed Conflict, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Any attempts to redress the harms women experience as a result of armed conflict must include a role for women in peace processes. The many excellent contributions to this symposium help us understand the complex ways in which gender affects, and is affected by, armed conflict. The end to a conflict may come too late to heal or adequately redress many gender-specific injuries: the psychological fall out and physical damage of sex-related war crimes, the permanent displacement of women and children from their homes, the destruction of families and livelihoods. Moreover, peace processes—the informal and formal mechanisms through which …

Internalizing Gender: Why International Law Theory Should Adopt Comparative Methods, Darren Rosenblum

Faculty Publications

This Article uses the example of international women 's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose …

Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In the past decade, and particularly since 1998, there has been an incredible transformation in the treatment of sex-based and gender- based violence' in the fields of international humanitarian law and international criminal law. Before this, crimes committed exclusively or disproportionately against women and girls, in times of conflict, were largely either ignored, or at most, treated as secondary to other crimes. Despite the fact that rape and other forms of sexual violence had been widely reported during World War HI, for instance, the crime of rape was not expressly included in either the London Charter, establishing the International …

Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng

American University Journal of Gender, Social Policy & the Law

No abstract provided.