Law and Gender Commons^™

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith

Research Reports & White Papers

The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …

Griswold, Geduldig, And Hobby Lobby: The Sex Gap Continues, Maya Manian

Scholarly Articles in Law Reviews & Journals

In her article, The (Non)-Right to Sex, Professor Mary Ziegler excavates the fascinating legal history of the “sex gap” — the historical failure to address sexual liberty — in the constitutional canon and offers an important cautionary tale for contemporary advocacy of marriage equality. By surfacing lost efforts to expand sexual liberty, and by linking that liberty to intersectional concerns about class, gender, and racial equality, Professor Ziegler both explains why sexual freedom has received such limited constitutional protection and shows how incrementalist litigation strategies aimed at progressive legal change have inadvertently strengthened the state’s power to delimit sexual expression. …

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …

International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken

Contributions to Books

ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.

The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …

Same-Sex Couples - Comparative Insights On Marriage And Cohabitation, Macarena Sáez

Books

This book shows six different realities of same-sex families. They range from full recognition of same-sex marriage to full invisibility of gay and lesbian individuals and their families. The broad spectrum of experiences presented in this book share some commonalities: in all of them legal scholars and civil society are moving legal boundaries or thinking of spaces within rigid legal systems for same-sex families to function. In all of them there have been legal claims to recognize the existence of same-sex families. The difference between them lies in the response of courts. Regardless of the type of legal system, when …

The 'New' Law Applicable To Lgbti International Civil Servants In The U.N. System, Daniele Gallo

American University International Law Review

No abstract provided.

Adult Rape Victims Should Be Permitted To Testify By Closed-Circuit Television, Matthew Marthaler

Criminal Law Practitioner

No abstract provided.

For Men Only: A Gap In The Rules Allows Sex Discrimination To Avoid Ethical Challenge, Michelle N. Struffolino

American University Journal of Gender, Social Policy & the Law

The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?

Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only law firms is acknowledged. The analysis of the ethical issues raised by these gender specific firms is somewhat the same regardless of what gender is excluded. …

Rape By Any Other Name: Mapping The Feminist Legal Discourse Regarding Rape In Conflict Onto Transitional Justice In Cambodia, Sarah Diebler

American University International Law Review

No abstract provided.

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Intellectual Property And Gender: Reflections On Accomplishments And Methodology, Kara W. Swanson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Collapse Of The House That Ruth Built: The Impact Of The Feeder System On Female Judges And The Federal Judiciary, 1970-2014, Alexandra G. Hess

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Particularized Social Groups And Categorical Imperatives In Refugee Law: State Failures To Recognize Gender And The Legal Reception Of Gender Persecution Claims In Canada, The United Kingdom, And The United States, Melanie Randall

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Boys, Rape And Masculinity: Reclaiming Boys’ Narratives Of Sexual Violence In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice — sexual abuse of boys in custody by female staff. Professor Smith outlines the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk article concludes with policy and practice prescription and recommendations for further …

The Challenges And Perils Of Reframing Trafficking As 'Modern-Day Slavery", Janie Chuang

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Concord With Which Other Families: Marriage Equality, Family Demographics, And Race, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Yes, Virginia, There Are Stupid Questions, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Exploited At The Intersection: A Critical Race Feminist Analysis Of Undocumented Latina Workers And The Role Of The Private Attorney General, Llezlie Green

Scholarly Articles in Law Reviews & Journals

Undocumented Latina workers experience wage theft and other workplace exploitation at alarmingly high rates. The stock stories associated with immigrant workers often involve male day laborers or female domestic workers and fail to capture the experiences of women toiling in the farms, restaurants, factories, and home and business cleaning services that employ hundreds of thousands of immigrant women. The resulting invisibility of undocumented Latina women in the typical narratives parallels the paucity of undocumented Latina workers who make legal claims against their exploitative employers. Their distinct experiences are characterized by multiple intersecting vulnerabilities based upon their ethnicity, gender, and immigration …

The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …

Hoop Dreams Deferred: The Wnba, The Nba, And The Long-Standing Gender Inequity At The Game’S Highest Level, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

Introduction: The top three picks in the 2013 Women's National Basketball Association (WNBA) draft were perhaps the most talented top three picks in league history, and they were certainly the most celebrated.' Brittney Griner, Elena Delle Donne, and Skylar Diggins were phenomenal youth players, attracting attention from collegiate coaches shortly after they began playing competitively. Delle Donne received her first major university scholarship offer when she was in the seventh grade, and Diggins received her first in the eighth. Griner did not start playing competitive basketball until her freshman year of high school, but before long, she too was receiving …

The Illusion Of Autonomy In Women's Medical Decision-Making, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This article considers why there is not more conflict between women and their doctors in obstetric decision-making. While patients in every other medical context have complete autonomy to refuse treatment against medical advice, elect high-risk courses of action, and prioritize their own interests above any other decision-making metric, childbirth is viewed anomalously because of the duty to the fetus that the state and the doctor owe at birth. Many feminist scholars have analyzed the complex resolution of these conflicts when they arise, particularly when the state threatens to intervene to override the birthing woman’s autonomy. This article instead considers the …

Training Curriculum: Responding To Sexual Abuse Of Youth In Custody: Addressing The Needs Of Boys, Girls, And Gender Nonconforming Youth - Notification Of Curriculum Use (Facilitator’S Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Lisa Capers, Kevin Dubose, Takiya Wheeler, Dr. Robert Bidwell

Research Reports & White Papers

The enclosed Responding to Sexual Abuse of Youth in Custody: Addressing the Needs of Boys, Girls, and Gender Nonconforming Youth curriculum was developed by the Project on Addressing Prison Rape at American University, Washington College of Law as part of contract deliverables for the National PREA Resource Center (PRC), a cooperative agreement between the National Council on Crime and Delinquency (NCCD) and the Bureau of Justice Assistance (BJA). The Prison Rape Elimination Act (PREA) standards served as the basis for the curriculum’s content and development with the goal of the Responding to Sexual Abuse of Youth in Custody: Addressing the …

Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru

The Modern American

No abstract provided.

Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong

The Modern American

No abstract provided.

Avenging Revenge Porn, Samantha Kopf

The Modern American

No abstract provided.

The Rights Of Lesbian Gay Bisexual And Transgendered Peoples And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Ending Silence: Demanding Safety From Sexual Assault - Don't Touch Me, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime M. Yarussi, Michael J. Auger

Research Reports & White Papers

Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Scholarly Articles in Law Reviews & Journals

This Essay challenges the false assumption that abortion care can be segregated from women’s medical care and targeted for special restrictions without any effects on women’s health more broadly. As a matter of medical reality, abortion cannot be isolated from the continuum of women’s healthcare. Yet policymakers and the public have failed to understand the interconnectedness of abortion with other aspects of women’s medical care. In fact, existing abortion restrictions harm women’s health even for women not actively seeking abortion care, but these impacts remain obscured. For example, antiabortion laws and policies have spillover effects on miscarriage management, prenatal care, …

Distorted And Diminished Tort Claims For Women, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Childbirth is distinctly characterized in tort law by the literal emergence of a potential putative plaintiff. This Article seeks to position the birthing woman — distinct from the pregnant woman or the parent — squarely within the negligence framework and, in doing so, to challenge prevailing assumptions dominating obstetric medical decision-making. The existence of two patients and two putative plaintiffs is unique to childbirth, yet largely unexamined in tort. This Article examines how the dominant focus on fetal harms in modern childbirth overshadows the birthing woman in tort and distorts the normative dualities of childbirth.

While theoretically childbirth falls within …

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Scholarly Articles in Law Reviews & Journals

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …