Law and Gender Commons^™

Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova

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

Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public …

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal

Dissertations

Purpose: The purpose of this qualitative phenomenological study was to describe citizen perceptions of the impact of community policing in 2 selected, ethnically diverse, low-income communities that have national safety ratings between 0% and 25%. The study explored the 8 pillars of community policing: partnerships, problem solving, procedural fairness, proscribed scope, protection, professionalism, purpose, and principles and their impact on citizens’ perception of their local law enforcement agencies.

Methodology: The study was qualitative with a phenomenological approach to research.

Findings: Findings from this study revealed that examination of study participant interviews, observations, and artifacts resulted in 22 themes and 689 …

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

Disrupting The Androcentric Prison System, Amber Hanke

Audre Lorde Prize

No abstract provided.

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.

"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave", R.A. Lenhardt, Kimani Paul-Emile

Fordham Law Review Online

In 1982, African American feminists, writers, and educators Gloria T. Hull, Patricia Bell Scott, and Barbara Smith co-edited a foundational volume of essays designed to map a program for African American women’s studies and research on issues ranging from racial bias and sexism, to homophobia entitled: “All the Women Are White, All the Blacks are Men, But Some of Us Are Brave.” We reflected on that volume when we accepted the Fordham Law Review’s invitation to take part in its Online symposium honoring 100 years of women at Fordham Law School.

Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers

Marquette Law Review

Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that …

Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw

Texas A&M Law Review

For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …

Finding A Home In America: Cardozo Law Screening Of Refuge “Hombres Nuevos”, Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Outlaw

2018–2019 Flyers

Promotional flyer for a Cardozo School of Law screening of Hombres Nuevos, episode six of the AT&T original series REFUGE. The episode tells the story of Luis Mancheno, a former Cardozo Law instructor and immigration attorney, who fled persecution in Ecuador and now advocates for the rights of LGBTQ+ asylum seekers in the U.S. The event included a screening and a Q&A moderated by Professor Kate Shaw, and was co-hosted by the Immigration Justice Clinic and OUTLaw.

Second Redemption, Third Reconstruction, Richard A. Primus

Articles

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of constitutional equality. So in …

Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise

Michigan Journal of Gender & Law

As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity. This Note posits …

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay

Articles

No abstract provided.

Johnny Appleseed: Citizenship Transmission Laws And A White Heteropatriarchal Property Right In Philandering, Sexual Exploitation, And Rape (The Whp) Or Johnny And The Whp, Blanche Cook

Law Faculty Scholarly Articles

Title 8, United States Code, Section 1409-one of this country's

citizenship transmission laws-creates a white heteropatriarchal property right

in philandering, sexual exploitation, and rape (the "WHP"). Section 1409

governs the transmission of citizenship from United States citizens to their

children, where the child is born abroad, outside of marriage, and one parent is a

citizen and the other is not. Section 1409, however, draws a distinct gender

distinction between women and men: An unwed female American citizen who

births a child outside the United States, fathered by a foreign man, automatically

transmits citizenship to her child. An unwed male American …

Abortion Talk, Clare Huntington

Michigan Law Review

Review of Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First-Century America.

Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock

Criminal Law Practitioner

No abstract provided.

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Articles

No abstract provided.

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

Evaluating Judicial Standards Of Conduct In The Current Political And Social Climate: The Need To Strengthen Impropriety Standards And Removal Remedies To Include Procedural Justice And Community Harm, Joshua E. Kastenberg

Faculty Scholarship

Chief Justice Warren Burger warned that when “people who have long been exploited . . . come to believe that courts cannot vindicate their legal rights from fraud,” an “incalculable damage [is done] to society.”

Part I of this Article presents an examination of the current common frameworks shared by the states for addressing judicial conduct appealing to popular social and political influences. Included in this section is an analysis of the interrelationship between implicit bias and impropriety, as well as on community harm and procedural justice.

Part II provides both a historical and contemporary analysis of “populism,” including the …

The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman

University of Richmond Law Review

Thirty-five states impose a sales tax on menstrual hygiene products, while products like spermicidal condoms and erectile dysfunction medications are tax-free. This sales tax—commonly called the “tampon tax”—represents an expense that girls and women must bear on top of the cost of biologically necessary items that they need in order to attend school, work, and otherwise participate in public life. This article explores the constitutionality of the tampon tax and argues that it is an impermissible form of gender discrimination under the Equal Protection Clause. First, menstrual hygiene products are a unique proxy for female sex, and therefore any disadvantageous …

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …

Trump’S Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne F. Lindgren

Faculty Works

A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question …

Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel

University of Michigan Journal of Law Reform

The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact …

Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors

Marquette Law Review

In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women from reaching the boardroom and persist as obstacles once women directors have earned their seats on the board. Incorporating social psychological research on implicit bias and recognized strategies to work around bias, such as objective assessments and guidelines, data analytics, and accountability mechanisms, this Article encourages companies …

The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan

Marquette Law Review

The fight for women’s equality in law has achieved a lot. Women have

made up nearly half of law students and law firm associates for the last two

decades. Despite this progress, the partnership ranks of law firms are

profoundly and intolerably sex segregated and will remain so for the

foreseeable future. Our profession, which has fought for and helped to achieve

legal equality on behalf of so many, is itself dogged by intractable inequality.

A standard set of solutions, which address structural barriers within law firms

and the effects of cognitive biases, have been urged for decades and yet …

Sex Wars As Proxy Wars, Aya Gruber

Publications

The clash between feminists and queer theorists over the meaning of sex—danger versus pleasure—is well- trodden academic territory. Less discussed is what the theories have in common. There is an important presumption uniting many feminist and queer accounts of sexuality: sex, relative to all other human activities, is something of great, or grave, importance. The theories reflect Gayle Rubin’s postulation that "everything pertaining to sex has been a ‘special case’ in our culture.” In the #MeToo era, we can see all too clearly how sex has an outsized influence in public debate. Raging against sexual harm has become the preferred …

Of Trauma And Power: Celebrity Sexual Misconduct Tribunals, Noa Ben-Asher

Faculty Publications

In fall 2018, shortly after his nomination to the United States Supreme Court, Judge Brett Kavanaugh was accused of sexual assault. That same year, Professor Avital Ronell was the subject of a Title IX investigation at New York University (NYU), where she served as chair of the Department of German. Both were harshly scrutinized in the court of public opinion. Within several months of each other, these two individuals, at the peak of their prolific careers, were investigated for sexual misconduct by non-judicial tribunals that would determine their fate. Both scandals appeared in the midst of the #MeToo era, during …