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Articles 121 - 150 of 573
Full-Text Articles in Law and Gender
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
American University International Law Review
No abstract provided.
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers
Scholarly Articles in Law Reviews & Journals
On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …
Clearly Unconvincing: How Heightened Evidentiary Standards In Judicial Bypass Hearings Create An Undue Burden Under Whole Woman's Health, Haley Hawkins
American University Law Review
No abstract provided.
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza
Criminal Law Practitioner
No abstract provided.
From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter
From Criminals To Survivors: Recognizing Domestic Sex Trafficking As Violence Against Women In The District Of Columbia, Alice Mutter
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce
Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce
The Modern American
No abstract provided.
The Trans Athlete Dilemma: A Constitutional Analysis Of High School Transgender Student-Athlete Policies, Michael J. Lenzi
The Trans Athlete Dilemma: A Constitutional Analysis Of High School Transgender Student-Athlete Policies, Michael J. Lenzi
American University Law Review
No abstract provided.
Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke
Lessons From Labor Feminists: Using Collective Action To Improve Conditions For Women Lawyers, Marion Burke
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Pressing Pause: Tolling Statutes Of Limitations For Sex Offenses While Rape Kits Remain Untested, Hunter Grolman
Pressing Pause: Tolling Statutes Of Limitations For Sex Offenses While Rape Kits Remain Untested, Hunter Grolman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko
De Facto Parent And Non Parent Child Support Orders, Jeffrey A. Parness, Matthew Timko
American University Law Review
No abstract provided.
Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler
Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler
American University Law Review
No abstract provided.
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
The Peace Vs. Justice Debate And The Syrian Crisis, Paul Williams, Lisa Dicker, C. Danae Paterson
Scholarly Articles in Law Reviews & Journals
Peace negotiators often face the difficult decision of whether to pursue peace at the potential cost of achieving justice, or to pursue justice at the potential cost of achieving near term peace. There are abiding ethical and moral debates surrounding this tension between peace and justice. In Syria—where the death toll has exceeded 470,000, 11 million have been displaced, and there are over 14,000 documented cases of torture to the point of death—the peace versus justice debate is a living dilemma with which negotiators are currently grappling. This article strives to examine a timely facet of this multidimensional puzzle: how …
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
Scholarly Articles in Law Reviews & Journals
This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie Abrams
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
This article invites feminists to leverage the #MeToo Movement as a critical analytical tool to explore the longevity of the enduring rape crisis framing of victim services. For nearly half a century, victims have visited rape crisis centers, called rape crisis hotlines, and mobilized rape crisis response teams to provide services and support. This enduring political and social framing around rape as a crisis is opaque, has prompted a political backlash, and risks distorting hard-fought feminist legal, social, and political battles. It has yielded underreporting, underutilization, and recurring risks of budgetary cuts. This model and terminology have gone virtually unchanged …
The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams
The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
Women’s abortion decision-making and parental decision-making in child rearing are constructed as polarized methods of decision-making. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This article exposes the ground to be gained by crossing longstanding boundaries in family law and reproductive …
Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles
The Modern American
No abstract provided.
Side Effects Of The Abortion Wars, Maya Manian
Side Effects Of The Abortion Wars, Maya Manian
Scholarly Articles in Law Reviews & Journals
Over the last several decades, as part of the movement against abortion rights, abortion has become increasingly stigmatized and isolated in women's health. The current segregation of abortion from the rest of women's medical needs brings us full circle back to questions raised by Roe v. Wade. Although Roe was rightly criticized as over-medicalizing the abortion decision and empowering doctors rather than women, we have now shifted to the opposite extreme of severing abortion completely from the realm of women's health. While it remains important to understand abortion access as necessary to sustaining women's right to equal citizenship, the public's …
Privatizing Bars On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian
Privatizing Bars On Abortion: Eviscerating Constitutional Rights Through Tort Remedies, Maya Manian
Scholarly Articles in Law Reviews & Journals
State governments have devised a new means to evade the Constitution. Their new means is to enact tort statutes that, in effect, ban constitutionally protected conduct. In particular, some states have made the provision of an abortion a tort for which there can be no defense and no cap on the amount of liability. These states have made performing an abortion essentially illegal. Yet, because tort statutes are enforced through private litigation, rather than public prosecution, a number of courts have held that they lack jurisdiction to review these laws. Federal courts have concluded that standing doctrine and state sovereign …
Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.
Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler
The Price Of Price Waterhouse: How Title Vii Reduces The Lives Of Lgbt Americans To Sex And Gender Stereotypes, Drew Culler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Teenage Pregnancy, Parenting, And Abortion: Legal Limits On Adolescents' Reproductive Rights, Maya Manian
Teenage Pregnancy, Parenting, And Abortion: Legal Limits On Adolescents' Reproductive Rights, Maya Manian
Scholarly Articles in Law Reviews & Journals
As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This chapter argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law's apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Scholarly Articles in Law Reviews & Journals
In this effective and engaging book, J. Shoshanna Ehrlich uncovers the hidden agendas underlying the long history of the law's regulation of female adolescent sexuality. Ehrlich persuasively demonstrates that a multitude of laws purporting to protect public health in one form or another in fact "encode the value of female virtue into law based upon a set of assumptions about their sexuality" (3). The book spans a wide time period, moving chronologically through a series of legal reform movements targeting young women's sexuality, from the 1838 effort to criminalize seduction to the modem-day movement promoting abstinence-only sex education. Although the …
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer
Criminal Law Practitioner
No abstract provided.
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck
Criminal Law Practitioner
No abstract provided.
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle
Angry Employees: Revisiting Insubordination In Title Vii Cases, Susan Carle, Susan D. Carle
Faculty Collected Scholarship and Works
In too many Title VII cases, employees find themselves thrown out of court because they reacted angrily to reasonable perceptions of employer discrimination. In the race context, supervisors repeatedly call employees the n-word and use other racial epithets, order African American employees to perform work others in the same job classification do not have to do, and impose discipline white employees do not face for the comparable conduct. In the gender context, courts throw out plaintiffs’ cases even where supervisors engage in egregious sexual harassment. Employees who react angrily to such demeaning treatment—by cursing, shouting, refusing an order or leaving …
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Debunking The Myth Of Universal Male Privilege, Jamie Abrams
Debunking The Myth Of Universal Male Privilege, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Deconstructing The Crimeless Gender: Women's Prison Gangs, Emma Burgess Roy
Criminal Law Practitioner
No abstract provided.
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
A Remedy For Male-To-Female Transgender Inmates: Applying Disparate Impact To Prison Placement, Janei Au
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi
Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi
Research Reports & White Papers
The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …