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Articles 1 - 30 of 119
Full-Text Articles in Law and Gender
The Law And Policy Of Gender Provisions In Multilateral And Regional Trade Governance, Maria Panezi
The Law And Policy Of Gender Provisions In Multilateral And Regional Trade Governance, Maria Panezi
Brooklyn Journal of International Law
Trade is neither gender-neutral in its design nor in its outcomes. This Article offers a bird's-eye view of the law and policy of gender provisions in multilateral and regional trade governance, examines the conceptual boundaries of incorporating gender into trade policy, and evaluates legal and policy approaches that can make trade more responsive to the asymmetries that disproportionately affect women. Using Canada as a case study, the Article examines one of the most comprehensive national frameworks for mainstreaming gender in trade, including the Gender-Based Analysis Plus (GBA Plus) methodology and the inclusion of dedicated gender and trade chapters in several …
Speak Up, Pay Up: Why New York Should Enact The Speak Your Truth Act And End The Chilling Effect On Sexual Assault Survivors Following The #Metoo Era, Maya Burnette
Journal of Law and Policy
Sexual assault is one of the most prevalent forms of violence in the United States. It is also one of the least reported. With criminal and civil avenues often providing little justice, many survivors turned to the public to tell their stories. In the wake of the #MeToo movement, thousands of survivors publicly shared their experiences, prompting significant social and legislative change. Yet many who spoke out faced retaliatory defamation lawsuits filed by alleged abusers to silence them. These suits, commonly known as Strategic Lawsuits Against Public Participation (“SLAPP suits”), pose a substantial threat to survivors’ speech. Despite recent reforms, …
Myth Busters: A Review Of “Debt’S Grip”, Susan Block-Lieb
Myth Busters: A Review Of “Debt’S Grip”, Susan Block-Lieb
Brooklyn Journal of Corporate, Financial & Commercial Law
Debt’s Grip follows a long line of literature that looks to combat legal and cultural myths about consumer debt and consumer bankruptcy with quantitative and qualitative analysis on these topics. Who files for bankruptcy and why? Fighting longstanding myths is tough work, but Pamela Foohey, Robert M. Lawless and Deborah Thorne have marshalled a strong set of tools, and strong intellectual allies, to support this epic battle.
Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu
Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu
Journal of Law and Policy
Legal and psychiatric systems respond to parents in distress-oriented altered states (often labeled “postpartum psychosis”) in ways that reveal deep structural failures. Rather than providing genuine care, these states are criminalized, pathologized, and met with coercive treatment, family separation, and surveillance. Drawing on Silvia Federici’s Caliban and the Witch, this article traces these systems to the rise of colonial-capitalist-patriarchy, when land was enclosed, reproductive labor weaponized, and community healing knowledge expropriated. Clinical mental health and family regulation systems continue this legacy today, punishing Madness, disempowering caregivers, and undermining community capacity to respond to distress. The author examines cases of postpartum …
Sterilization, Haunting And The Future Of Disability Law, Linda Steele
Sterilization, Haunting And The Future Of Disability Law, Linda Steele
Journal of Law and Policy
This article proposes that a methodology of ‘haunting’ could be used by disability rights lawyers and disability law scholars to challenge structural injustice against disabled people. The author make this argument through the example of forced sterilization. Forced sterilization pursuant to eugenics laws in the United States during the early to mid-twentieth century is a profound injustice perpetrated on disabled people which is yet to be fully reckoned with and repaired. While eugenics sterilization laws have been repealed, and some states have additionally made public apologies and introduced compensation programs, forced sterilization of disabled people continues to be perpetrated pursuant …
The Heteronormative Language Of Law: The Win In Bostock And The Loss For Title Ix, Negar Khalaf
The Heteronormative Language Of Law: The Win In Bostock And The Loss For Title Ix, Negar Khalaf
Journal of Law and Policy
The struggle for equality in education begins with language. Legal categories like “sex” and “gender identity” shape who is protected and who is left behind. When the Supreme Court decided Bostock v. Clayton County, it extended protection to LGBTQ+ workers but offered no definition robust enough to secure similar rights for students under Title IX. Subsequent efforts by the Department of Education to bridge that gap—culminating in Tennessee v. Cardona and constrained by Loper Bright Enterprises v. Raimondo—reveal the limits of agency action in a post-Chevron era. This Note calls for a legislative solution: an amended Equality Act Bill (“EAB”) …
Unveiling The Underbelly Of Artificial Intelligence: The Inadequacies Of The Legal System With Regard To Victims Of Nonconsensual Sexual Deepfakes, Zilana Lee
Journal of Law and Policy
Artificial intelligence-powered deepfake technology has ushered a new era of digital sexual abuse, allowing for the seamless fabrication of explicit images that violate bodily autonomy with alarming realism. With little more than a photograph scraped from social media, individuals can use AI tools to fabricate hyper-realistic nude images and pornographic videos of people without their consent. These nonconsensual sexual deepfakes are rapidly spreading online, often going viral before victims are even aware of their existence. The technology can affect anyone, but women and girls remain disproportionately targeted. Recent incidents involving minors highlight both the reach and severity of this harm. …
Silent Suffering: Demanding Individual Accountability For Sexual Assault Against Disabled Children In School Environments, Stephanie Flores
Silent Suffering: Demanding Individual Accountability For Sexual Assault Against Disabled Children In School Environments, Stephanie Flores
Journal of Law and Policy
Disabled children are among the most vulnerable in society, particularly in school environments where they depend on the actions and care of others for their safety. These children face significantly higher risks of sexual abuse than their non-disabled peers, and school officials' negligence can exacerbate this danger. Despite the prevalence of such cases, the Fifth Circuit's refusal to recognize school officials’ liability under the state-created danger doctrine, as seen in Fisher v. Moore, deprives disabled children of adequate legal recourse under 42 U.S.C. § 1983. The decision holds that school officials cannot be held personally liable for the peer-inflicted sexual …
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
The Equal Pay Game Changer: Using Mandatory Reporting To Encourage Corporations In The Sports Ecosystem To Increase Investment In Women’S Sports, Caroline Strauss
Journal of Law and Policy
In 2016, the United States Women’s National Team began a lengthy fight for equal pay by filing a complaint with the Equal Employment Opportunity Commission. In 2019, the fight continued when the team sued the United States Soccer Federation for gender discrimination. When the court granted summary judgment to the U.S. Soccer Federation on their Equal Pay Act claim, it closed the door for the team to achieve equal pay through a public law remedy. The tedious fight came to an end with a settlement which guaranteed that the U.S. Men’s and Women’s National Teams would be paid equally. Although …
Murder And A Mother’S Love: Understanding Maternal Altruistic Filicide And Reshaping The Legal System’S Approach To Mentally Ill Mothers Who Kill Their Children, Morgan Woodbridge
Murder And A Mother’S Love: Understanding Maternal Altruistic Filicide And Reshaping The Legal System’S Approach To Mentally Ill Mothers Who Kill Their Children, Morgan Woodbridge
Journal of Law and Policy
Every year, thousands of children are killed by their parents. Some of these killings are committed by mentally ill mothers who believe that death is in their children's best interest. This category of killings is called maternal altruistic filicide. Numerous studies have found that mothers who commit altruistic filicide are severely mentally ill and have histories of psychiatric illness, trauma, and suicidality. Despite this, mothers who commit altruistic filicide are often railroaded through the criminal legal system without access to adequate mental health care. Traditional legal procedures designed to assist the mentally ill, such as the insanity defense or the …
The Right To Preschool: Once A Wartime Necessity, Now A Fundamental Step Towards Educational Equity, Alex Raskin
The Right To Preschool: Once A Wartime Necessity, Now A Fundamental Step Towards Educational Equity, Alex Raskin
Journal of Law and Policy
The most vital time for cognitive development is the first five years of a child’s life, impacting everything from language skills to social and emotional abilities. This makes access to high-quality universal preschool a necessity, as increasingly more families are without stable childcare in America. Preschool tuition now averages $10,000 annually and without paid parental leave, millions of children are left without formal learning or adequate supervision before kindergarten. This disproportionately impacts Black and brown students and students with disabilities, while continuing cycles of poverty and the gender wage gap. The only time the U.S. government provided high-quality universal preschool …
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner
Brooklyn Law Review
In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …
The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson
The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson
Brooklyn Journal of International Law
In 2022, the United States Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which ended the federal abortion protection established under Roe v. Wade. The Court reasoned that abortion restriction is properly regulated by state governments, and thus a federal abortion law scheme is unconstitutional. In substance, the Court was safeguarding the enduring political and legal principle of federalism. This Note draws a comparison between the United States’ treatment of federalism and foreign jurisdictions’ treatment of religion within the context of abortion. This Note argues that the United States’ preoccupation with federalism is analogous to appeals to religion in …
Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer
Freedom On Paper: Reforms To Women’S Rights In Saudi Arabia Will Not Be Effective Until Male Guardianship Is Abolished, Mackenzie Kramer
Brooklyn Journal of International Law
Male guardianship, a societal custom derived from Islamic law, renders women in Saudi Arabia second class citizens. The country’s preservation of male guardianship has broken its agreement to adhere to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the leading international women’s rights treaty. Throughout the past decade the country’s Crown Prince, Mohammed bin Salman al Saud (“MbS”), has issued rulings that work to slowly dismantle the apparatus of male guardianship. These developments have been both meaningful and restrained; MbS attempts to tread lightly into human rights reforms to garner the support of western allies, …
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …
A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers
Brooklyn Journal of International Law
Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …
Social Media Vigilantism, Joanne Sweeny
Social Media Vigilantism, Joanne Sweeny
Brooklyn Law Review
One of the most well-reported consequences of the #MeToo movement is the ramifications it has had for powerful men accused of engaging in sexual assault or harassment. As part of telling their stories, women (and some men) named their abusers, leading, in some cases, to their alleged abusers suffering legal repercussions. But, much more commonly, legal repercussions never follow, often due to the expiration of the statute of limitations for the crimes committed by the abuser. Instead, social or employment consequences were the only negative impact felt by these abusers. Still, the backlash against #MeToo includes the complaint that these …
The Pro Se Gender Gap, Roger Michalski
The Pro Se Gender Gap, Roger Michalski
Brooklyn Law Review
This article is the first to identify, name, and empirically measure the pro se gender gap. Drawing on a massive dataset of all federal civil dockets spanning ten years, it finds a 2-to-1 gender imbalance. For every federal woman pro se litigant there are two males. This finding is robust and stable. It holds true for plaintiffs, defendants, and other parties. It is also true across most subject areas, time, length of litigation, and across states, districts, and circuits. The study excludes prisoner-rights and habeas petitions–including them would widen the gender gap even further. This gender gap reveals a troubling …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Gender Pay Disparity, The Covid-19 Pandemic, And The Need For Reform, Amy H. Soled
Gender Pay Disparity, The Covid-19 Pandemic, And The Need For Reform, Amy H. Soled
Brooklyn Law Review
The COVID-19 pandemic has exposed and deepened systemic inequities in the United States. One such inequity is gender discrimination in the labor market, evidenced by pay disparity—the difference between women’s and men’s wages. During the pandemic, women left the workforce at double the rate of men. This employment disruption will negatively affect women’s wages upon their return, as well as their lifetime earnings, further widening the pay gap. Pay disparity exploits more than half of the population, decreases gross national product, and stymies economic growth. This article addresses the reasons why existing legislation has failed to close the pay gap. …
Weaponizing Fear, Lisa S. Washington
Two Types Of Empirical Textualism, Kevin Tobia, John Mikhail
Two Types Of Empirical Textualism, Kevin Tobia, John Mikhail
Brooklyn Law Review
Modern textualist and originalist theories increasingly center interpretation around the “ordinary” or “public” meaning of legal texts. This approach is premised on the promotion of values like publicity, fair notice, and democratic legitimacy. As such, ordinary meaning is typically understood as a question about how members of the general public understand the text—an empirical question with an objective answer. This essay explores the role of empirical methods, particularly experimental survey methods, in these ordinary meaning inquiries. The essay expresses optimism about new insight that empirical methods can bring, but it also cautions against the view that these methods will deliver …
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Brooklyn Law Review
Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …
Finding Original Public Meaning, James Macleod
Finding Original Public Meaning, James Macleod
Faculty Scholarship
No abstract provided.
Are You There, Law? It's Me, Semen, Anita Bernstein
Are You There, Law? It's Me, Semen, Anita Bernstein
Faculty Scholarship
No abstract provided.
Menstruation: An Ableist Narrative, Prianka Nair
Menstruation: An Ableist Narrative, Prianka Nair
Faculty Scholarship
No abstract provided.
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Brooklyn Law Review
This article argues that not all violence in intimate relationships is “domestic violence.” Domestic violence is a pattern of acts perpetrated with a motive: power and control over another. National anti-domestic violence organizations, activists and advocates, and a number of academics agree on this construct of domestic violence. Law, on the other hand, requires neither a pattern nor a motive; it defines domestic violence to include any single act of violence in a relationship, regardless of the perpetrator’s intent. Because legal intervention is the primary intervention for domestic violence today, feminist legal scholars have sought to reform the law to …
Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke
Journal of Law and Policy
In recent years, New York has re-focused on the widely debated topic of how to best manage and regulate prostitution in the United States. As a state-level issue, the debate presents an invaluable opportunity to re-examine how New York as a society views sex work. The answer in New York focuses on the idea that sex work is real work, where workers should be able to carry out their profession without stigma or fear of arrest. As it stands, the proposed reform largely focuses on decriminalizing both the purchase and sale of sex. This approach contrasts with the legal structure …
When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter
When Women’S Silence Is Reasonable: Reforming The Faragher/Ellerth Defense In The #Metoo Era, Elizabeth C. Potter
Brooklyn Law Review
The incredible force of the #MeToo movement has created momentum for long-overdue reform of workplace sexual harassment laws. One problematic element of the sexual harassment scheme is the Faragher/Ellerth defense, a defense to a claim of hostile work environment under Title VII. The Faragher/Ellerth defense allows an employer to escape liability for actionable sexual harassment if it can show that it had a policy against harassment with a procedure for making complaints, but the victim of harassment did not complain using that procedure. But the vast majority of victims of sexual harassment never make a formal complaint to their employer …
Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu
Your Cervix Is Showing: Loitering For Prostitution Policing As Gendered Stop & Frisk, Kate Mogulescu
Faculty Scholarship
No abstract provided.