Law and Gender Commons^™

The Equal Rights Amendment: The 28th Amendment To The U.S. Constitution, Twiss Butler, Patrick Butler

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews how Supreme Court interpretations of the 14^th Amendment have allowed laws to discriminate against women. It aims to show that the Equal Rights Amendment, ratified as the 28^th Amendment in 2020, offers a constitutional basis for eliminating all forms of legal sex discrimination against women. These forms include discrimination based on pregnancy and abortion, commodifying women’s bodies, and allowing men to intrude into women’s protected spaces. The review starts with the denial of protection for women by America’s Declaration of Independence in 1776, denounces the Supreme Court’s precedent-setting 1974 Geduldig decision, which ruled—quite illogically—that discrimination …

The Connection Between An Unequitable Distribution Of Care Responsibilities And A Widening Gender Nutrition Gap In Latin America, Alexis Nicole Bodlak

Honors Program: Senior Projects (Public)

The notion of care refers to activities that satisfy the basic needs of existence and reproduction. Within rural communities, care work such as the production and preparation of food contributes to food security at the household level. Care work supports the paid workforce, allowing workers to focus on commercial productive activities that generate economic income in rural communities. Women perform 6.3 to 29.5 more hours per week than men in unpaid care work, reducing their time for income-generating activities and personal nutrition management. Affecting their economic independence and ability to access and consume nutritious food. Studies show that in food-insecure …

Integrating Positive Psychology And Spirituality To Foster Meaning And Well-Being In Older Adults, Crystal Morris

Adultspan Journal

This perspective article explores the integration of positive psychology interventions (PPIs) and spirituality in therapy to foster meaning and well-being in older adults. It highlights exercises such as the positive introduction, positive legacy, character strengths, mindfulness, mindful-based yoga, and a manifestation prayer journaling. The interventions presented are tools to support older adults that may experience depression, difficult life transitions, and the search for renewed meaning. Therapists who integrate PPIs and spirituality into therapy can promote a holistic, non-pathological approach to treatment.

"You Gonna Be Like Mama": A Case Study Of Intergenerational Sex Trafficking, Lindsey M. Grabowska

Honors Thesis

Commercial sexual exploitation of children (CSEC) is a range of experiences inflicted upon children that involves sexual exploitation for financial benefit and results in many psychological harms on exploited youth. Familial sex trafficking is a subset of CSEC where the child is exploited by a family member through either intergenerational prostitution or exchanging sexual access to their child to others for commercial gain. This paper will review the available literature on CSEC and familial trafficking, focusing specifically on two important questions (1) What makes minors vulnerable to CSEC and sex trafficking and (2) What maintains the involvement on people in …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

Self-Defense Or Served Justice? Kirstin Lobato Case, April L. Wayne

SACAD: Scholarly Activities

Kirstin Lobato spent 16 years in prison for the crimes of voluntary manslaughter and sexual penetration of a dead body. The Innocence Project took on her case and helped to exonerate her in 2017. After critical evidence that was withheld during the original trial was brought forward, Lobato was retried and had her conviction reversed. She was awarded $34 million in retribution for her time in prison due to her mistrial.

Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson

Political Science Theses and Capstones

In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …

Review Of In A Human Voice, Jean Keller

The Journal of Social Encounters

No abstract provided.

Gender Inequality And Productivity Impact In Egypt, Hammad Elsaid Omar

The Undergraduate Research Journal

This study examines the relationship between gender inequality in Egypt's workforce and productivity across various sectors. Utilizing a comparative research design, the analysis employs quantitative data from sources such as the World Bank and the International Labor Organization. Key indicators of gender inequality—including the gender pay gap, the percentage of women in managerial positions, and female labor force participation rates—are correlated with productivity metrics like GDP per capita and productivity per employee (Figure 3). Findings reveal a strong negative correlation between the gender pay gap and productivity, with sectors exhibiting smaller pay disparities achieving higher productivity levels. Regression analysis indicates …

Constructing Women Who Do Not Reproduce In Global Neoliberalism: Critical Approach To The Abolition Of Legal Ban On Abortion And The Struggle In South Korea, Yumi Kwon

Dissertations, Theses, and Capstone Projects

This study historically examines the abolition of the legal ban on abortion and the struggle in South Korea, focusing on the construction of the status of “women who do not reproduce”, and accordingly aims to critically analyze how neoliberal reproductive crisis in South Korea has been reorganized into the new order through the constitutive role of the struggle.

The results of the analysis are as follows: First, by examining Fraser’s theory, I explain that when the “boundary” dividing the realms of production and reproduction is a place of contradiction and struggle, the phenomenon of women not reproducing is centrally located …

My Wings Are Not Broken: Black Males, Carcerality, And Education, Crystal M. Welch-Scott

Dissertations, Theses, and Capstone Projects

Historically, educational spaces have been sites of racialized inequality for Black youth, creating disparate educational outcomes. The disproportionate divide between young Black and White men continues throughout the life of their academic journey, and this research seeks to examine its impact on dropping out of school. The experience of Black young men being “othered” – compared to their White counterparts – coupled with the myriad ways Black youth must navigate normalcy creates additional challenges they must carry. This dissertation employs critical race theory and ecological systems theory as theoretical frameworks. It utilizes hierarchical regression modeling of the High School Longitudinal …

Respuesta A Una Crítica Política Y A Un Ataque Personal Contra Un Informe De Las Naciones Unidas Que Presenta Nueva Evidencia Sobre La Prostitución Como Causa Y Consecuencia De La Violencia Contra Las Mujeres Y Las Niñas, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, Relatora Especial de las Naciones Unidas sobre la violencia contra las mujeres y las niñas, sus causas y consecuencias, responde a las acusaciones falsas y infundadas y a los ataques personales sobre su informe sobre Prostitución y Violencia contra la Mujer, presentado ante la 56ª sesión del Consejo de Derechos Humanos de las Naciones Unidas en Ginebra, 2024. Presenté nueva evidencia sobre la relación entre la violencia contra las mujeres y las niñas y la prostitución. Utilizando el derecho de los derechos humanos, el informe describe la prostitución como un sistema de abuso, explotación y violencia contra las …

Duty Bearer-Right Holder In Law Number 4 Year 2024 On Maternal And Child Welfare In The First Thousand Days Of Life Phase, Tiyas Nur Haryani

Jurnal Ekonomi Kependudukan dan Keluarga

Law No. 4 Year 2024 on Maternal and Child Welfare in the First Thousand Days of Life has been promulgated by the government of the Republic of Indonesia. The regulation guarantees the implementation and fulfilment of the needs of mothers and children in order to improve the quality of human resources. This article aims to map the duty-bearers-rights holders in the draft law on maternal and child welfare in the first thousand days of life. Analysing the position of maternal mothers is the main focus of this research, as maternal mothers are the main subjects in the draft law on …

Transnational Legal Violence: Undocumented Women V. U.S. Immigration Law, Luis A. Mendoza

CMC Senior Theses

This thesis examines how undocumented women, particularly Latinas, experience "transnational legal violence" within the U.S. immigration system. Transnational legal violence extends the framework of legal violence by identifying how immigration policies weaponize absence and distance across national boundaries, forcing women to choose between physical safety and legal recognition. The thesis is guided by a central question: What immigration system are migrant women, specifically Latinas, responding to?

The analysis rooted in the intersections of gender and citizenship reveals how immigration law remains rooted in coverture traditions that historically rendered immigrant women dependent on male U.S. citizens. For these women, deportation presents …

Why Domestic Violence Offenders Don't Give Up Their Guns, Natalie Nanasi

Faculty Journal Articles and Book Chapters

Perpetrators of intimate partner violence are barred by federal law and many states' laws from possessing firearms. While such prohibitions enjoy popular support, they are sporadically and inconsistently enforced, placing the lives of survivors at risk when offenders do not voluntarily comply. Many experts, including this author, have offered legal and policy solutions to increase the likelihood that perpetrators of domestic violence will either willingly relinquish their guns or otherwise be dispossessed of them. But these proposals may have been premature.

This Article is the first to take a step back and inquire why offenders do not surrender their firearms …

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

Let's Talk About Sex: Investigating Radical Feminist Theories On Prostitution In The United States, Anna E. Peterson

Scripps Senior Theses

This paper explores the feminist debates surrounding prostitution through an analysis of Catharine MacKinnon and Andrea Dworkin’s abolitionist theories, juxtaposed with critiques from Wendy Brown, Janet Halley, Susie Bright, and Marxist feminist abolitionist Esperanza Fonseca. The text examines the systemic forces of patriarchy and capitalism that commodify women’s bodies and the challenges of legislative approaches to the sex trade. While MacKinnon and Dworkin identify the structural inequalities underpinning prostitution, their legislative proposals often fail to address the stigma and systemic conditions that perpetuate the marginalization of prostituted people. Critics like Brown and Halley highlight the limitations of punitive measures, calling …

Title Ix And Athlete Compensation In The Postamateurism Era, Erin E. Buzuvis

Faculty Scholarship

This Essay argues that Title IX applies to all manners of compensation that universities provide and facilitate to their athletes because of their athletic participation. This includes paying wages (when and if that becomes permissible), paying for NIL (when that permission takes effect), and facilitating payments from booster collectives that are working on those universities’ behalf (as happens now). The statute and its implementing regulations create a structure of substantive equality that is flexible enough to address even the changing landscape of college athletics as it applies to matters of compensation that were not contemplated by the drafters of the …

The Curiously Minor Role Of Minor V. Happersett (Foreword), Susan Frelich Appleton, Travis Crum, Hannah Keidan

Scholarship@WashULaw

This Foreword introduces a symposium marking the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment's Privileges or Immunities Clause did not enfranchise women. Notwithstanding its impact on the women's suffrage movement and the subsequent ratification of the Nineteenth Amendment, Minor presents a puzzle: it is a relatively obscure precedent that remains deeply relevant to contemporary legal debates. To elucidate this point, this Foreword juxtaposes Minor with two notorious Supreme Court decisions: Dred Scott and Dobbs.

Like Dred Scott, Minor pairs a morally repugnant result with legalistic reasoning. But whereas …

Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri

Scholarship@WashULaw

Lawmakers and technology companies are regulating online sexuality in the name of feminism. Whereas libertarian ideals dominated early debates about internet governance, “safety” became a rallying cry to regulate online activity in the age of Big Tech. As these regulatory paradigms now clash once again, one trend remains: legislators across the political spectrum and companies around the world are devising interventions that purportedly keep people—and especially women—safe from the risks of online sexuality. Through law and technology, they are targeting everything from privacy invasions to unwanted messages to sexual deepfakes. We call this regulatory and ideological trend Big Tech feminism. …

Casar Auc Community Lecture: ‘Gender-Based Violence,Women And The Law In Egypt And The Us’, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This engaging - AUC community only - special topics lecture discussed the social challenges and legal obstacles women face when discussing gender based violence crimes in Egypt shedding a comparative light on the US given the recent election results.

This event hosted Counselor Mohamed Samir Ahmed, Spokesperson of the Administrative Prosecution Authority (APA) in Egypt, Independent Lecturer in Political Science & Gender Based Violence Crimes.

The event was moderated by CASAR Assistant to Director & Adjunct Faculty Yasmeen El-Ghazaly.

This lecture was a collaboration between The Prince Alwaleed Center for American Studies and Research (CASAR AUC EGYPT ) and the …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations November 15, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Populist Secularism, Seval Yildirim

Journal Articles

This article argues that in the context of a developing democracy, the rise of religiously oriented parties should be viewed contextually as part of an ongoing process of democratic negotiation and consolidation. Using Turkey as a case study, this article argues that religion and secularism are best viewed as parts of a symbiotic relationship, informing each other’s identity, and defining characteristics through an ongoing process of negotiation.

The article discusses commonly used concepts relevant to secularism in general and argues for the need to distinguish between the secular, secularism, and secularization as a governance project. Through a historical survey of …

Public Men's Rooms And The Legal Construction Of Gender And Privacy, Steven J. Macias

University of Cincinnati Law Review

This Article examines how the law is complicit in educating and socializing children into the cultural practices of gender and privacy. It accomplishes this by analyzing case law that involves minors and men’s public bathrooms. The men’s room is a place rife with social ambiguity, an ambiguity that has come to a head in recent transgender school bathroom cases. Although this Article is primarily concerned with the men’s bathroom as an important legal site in the development of gender and privacy for all youth, it discusses transgender (trans) rights cases as presenting the most fundamental challenge to the hegemonic logic …

Providing End-Of-Life Counseling: A Narrative Inquiry, Carol Hecht, Sibyl West

Adultspan Journal

This qualitative study aimed to address the gap in the research related to end-of-life counseling by exploring the experiences of counselors working with clients at end of life. While counseling literature and education are lacking regarding end of life, many counselors will work alongside clients approaching death. The purpose of this study was twofold: (a) to better understand the nuanced experiences of counselors providing end-of-life counseling and (b) to explore the supports and preparations helpful for counselors to provide end-of-life counseling. A narrative approach, using the Listening Guide (Gilligan, 2015), was employed to analyze and present the stories of three …

Considerations Of Medicare Telehealth Services With Older Adults, Sonah Kho, Amanda Dediego

Adultspan Journal

The onset of the COVID-19 pandemic set in motion a rapid expansion of mental health services offered via telehealth. With this rapid expansion came the need to examine how policy and practice should be shaped in a future where telehealth is considered common in counseling practice. For counselors to understand how to support older adult clients in using telehealth services, they must understand telehealth policy. Following the eligibility of licensed counselors to participate in Medicare, counselors need to stay abreast of regulatory changes regarding restrictions and regulations on use of telehealth for mental and behavioral health services, including video and …

El Único Pecado De Chepita Rodriguez, Maria G. Vielma

Regeneración: A Xicanacimiento Studies Journal

Cuento.

Integrating Doctrine & Diversity Speaker Series: Breaking Bias: A Conversation With Attorney Anu Gupta 9-10-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Why Nigeria Needs A Femicide Law, Jessica Ojiugo Chinonye

Dignity: A Journal of Analysis of Exploitation and Violence

The Federal Republic of Nigeria does not have a law against femicide or comprehensive global femicide data. The numbers currently reported at the national level are questionable, especially with the prevalence of economic-motivated harvesting of female reproductive organs in the country. The lack of a legalized femicide law has exacerbated the underreporting of such activities in Nigeria and has made the severity of the crime less visible. This article aims to name the problem by defining and advocating for a femicide law encompassing the social realities of many Nigerian females.