Law and Gender Commons^™

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.

The Gender Wage Gap: Searching For Equality In A Global Economy, Lucy B. Bednarek

Indiana Journal of Global Legal Studies

No abstract provided.

The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm

American University Law Review

No abstract provided.

Human Rights Of Women In Central And Eastern Europe, Julie Mertus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw

UIC Law Review

No abstract provided.

Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Globalization Of Female Child Prostitution: A Call For Reintegration And Recovery Measures Via Article 39 Of The United Nations Convention On The Rights Of The Child, Laurie Robinson

Indiana Journal of Global Legal Studies

No abstract provided.

Women's Rights And International Dialogue, Maria De Los Angelos Moreno

Penn State International Law Review (1982 - 2011)

No abstract provided.

Feminism, Globalization And Culture: After Beijing, L. Amede Obiora

Indiana Journal of Global Legal Studies

In this article, Professor Obiora begins with the premise that the

credibility of traditional legal frameworks has eroded, because the law

remains unable to relieve the oppressions and polarization between cultures,

even in the wake of global institutional transformations that seem to help the

oppressed, particularly women. Professor Obiora offers the Beijing Platform

for Action as a radical new solution for human rights protection, radical in

that it is one of the first declaratives to transcend the previous dichotomy of

issues among women by expressing a commitment to a global framework in

which to address these issues, particularly the feminization …

Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin

Indiana Journal of Global Legal Studies

No abstract provided.

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

Globalization, Privatization, And A Feminist Public, Susan H. Williams

Indiana Journal of Global Legal Studies

No abstract provided.

As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas

Indiana Journal of Global Legal Studies

No abstract provided.

Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong

Indiana Journal of Global Legal Studies

The Fourth World Conference on Women (Beijing 1995) has spawned a

Triumphant sense among Western/Northern feminists that they are forging a

strategic sisterhood with less privileged women in the South. Feminists from

metropolitan countries seek a new North-South alliance whereby they make

strategic interventions on behalf of third world women by putting pressure on

their governments. Professor Ong critiques strategic sisterhood on the

following grounds:

First, strategic sisterhood is based on individualistic notions of

transnational feminine citizenship, ignoring the historical and cultural

differences between women from the first and third worlds. In particular, the

concept ignores geopolitical inequalities whereby postcolonial …

Introduction: Feminism And Globalization: The Impact Of The Global Economy On Women And Feminist Theory Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Toward A Feminist Analytics Of The Global Economy, Saskia Sassen

Indiana Journal of Global Legal Studies

Economic globalization has reconfigured fundamental properties of the

nation-state, notably territoriality and sovereignty. There is an incipient

unbundling of the exclusive territoriality we have lcing associated with the

nation-state. The most strategic instantiation of this unbundling is probably

the global city, which operates as a partly denationalized plaform for global

capital. Sovereignty is being unbundled by these economic and other noneconomic

practices and new legal regimes. At the limit this means that the

State is no longer the only site for sovereignty and the normativity that comes

with it, and further, that the State is no longer the exclusive subject …

Dividing The Surplus: Will Globalization Give Women A Larger Or Smaller Share Of The Benefits Of Cooperative Production?, Kenneth G. Dau-Schmidt

Indiana Journal of Global Legal Studies

No abstract provided.

Implications Of Global Polarization For Feminist Work, Gracia Clark

Indiana Journal of Global Legal Studies

No abstract provided.

Stop Stomping On The Rest Of Us: Retrieving Publicness From The Privatization Of The Globe, Zillah Eisenstein

Indiana Journal of Global Legal Studies

Professor Eisenstein's article discusses the effects of globalization on the

relationship between privatization and public responsibility and how this

dynamic impacts the future of women across the globe. She argues that the

global growth of privatization in the North and West has disseminated around

the world to the detriment of women. Privatization, she contends, has been

accepted as the agenda of politicians for the late twentieth century, and public

responsibility has been lost as a result.

According to Professor Eisenstein, globalization has been essentially an

economic process in which a global economy surfaces without differences or

borders. The global economy, …

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.

Cultural Relativity And Universalism: Reevaluating Gender Rights In A Multicultural Context, Elene G. Mountis

Penn State International Law Review (1982 - 2011)

No abstract provided.

Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Fourth World Conference On Women, Joan Sulewski

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens

Faculty Scholarship

Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.