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Articles 61 - 90 of 111
Full-Text Articles in Law and Gender
Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan
Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan
Fordham Law Review
When Carmen Guadalupe Vasquez was rushed to [the] hospital after giving birth to a stillborn baby boy, the doctors first treated her life-threatening bleeding and then called the police, who handcuffed her to the bed. In El Salvador, where all abortion is illegal and emergency wards are turned into crime scenes, the confused, weak, and desperately ill 18-yearold maid was placed under investigation for terminating her pregnancy and driven away in a police van.
The “Social Magic” Of Merit: Diversity, Equity, And Inclusion In The English And Welsh Legal Profession, Hilary Sommerlad
The “Social Magic” Of Merit: Diversity, Equity, And Inclusion In The English And Welsh Legal Profession, Hilary Sommerlad
Fordham Law Review
The discourse of merit is central to the “boundary” practices deployed by the white male elite of the English legal profession to exclude outsiders. The official discourse of government and regulatory body reports presents merit as an objectively verifiable and quantifiable property, synonymous with “excellence,” the salience of which in the recruitment process is indicative of the modernization of the profession. In this form it is mobilized to deflect criticism of the slow progress toward diversity. Critical interrogation of the discourse of merit reveals that it operates rather differently as a key structuring principle of the profession. The alternative meaning …
Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier
Naming Men As Men In Corporate Legal Practice: Gender And The Idea Of “Virtually 24/7 Commitment” In Law, Richard Collier
Fordham Law Review
This Article seeks to reframe and turn the conversation about gender equity in the legal profession on its head, taking up Hannah Brenner’s recent call to reconceptualize problems and rethink solutions around gender equity in the profession. It does so by moving beyond the frame of the retention of women and exploring selected aspects of the gendered practices of men in relation to this notion of the ideal legal professional in large transnational “city” law firms. The Article traces how particular ideas about men and gender are, on closer examination, implicated in a broader recasting of lawyer professionalism within the …
The Case For Decriminalization Of Sex Work In South Africa, Chi Adanna Mgbako, Katherine G. Bass, Erica Bundra, Mehak Jamil, Jere Keys, Lauren Melkus
The Case For Decriminalization Of Sex Work In South Africa, Chi Adanna Mgbako, Katherine G. Bass, Erica Bundra, Mehak Jamil, Jere Keys, Lauren Melkus
Faculty Scholarship
Activists for sex worker rights in South Africa are leading a sophisticated national campaign to decriminalize sex work. This Article serves as an act of solidarity with these activists’ continued efforts to fight for and realize sex workers’ human rights by examining the negative impact that criminalizing prostitution has on sex workers’ rights and presenting evidence-based arguments to show that South Africa should enact legislation to fully decriminalize sex work. South African sex workers’ real-life experiences with violence, police abuse, and lack of access to health care and the justice system, highlighted through interviews conducted by the authors during fieldwork …
U.S. Global Aids Funding And Its Discontents: Why The Supreme Court Must Strike Down The Anti-Prostitution Pledge, Chi Adanna Mgbako
U.S. Global Aids Funding And Its Discontents: Why The Supreme Court Must Strike Down The Anti-Prostitution Pledge, Chi Adanna Mgbako
Faculty Scholarship
This op-ed recommends that the U.S. Supreme Court strike down the "anti-prostitution pledge," a Congressional requirement forcing organizations receiving U.S. global AIDS funding to adopt policies "opposing prostitution and sex trafficking."
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Faculty Scholarship
This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.
Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins
Faculty Scholarship
In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce. Applying Professor Nussbaum's capabilities …
Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, Helen Shin
Penetrating The Silence In Sierra Leone: A Blueprint For The Eradication Of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, Helen Shin
Faculty Scholarship
The African grassroots movement to eradicate female genital mutilation (also known as “female genital cutting” and “female circumcision,” hereinafter “FGM”) is widespread. While many African countries and grassroots organizations have made great strides in their efforts to eliminate FGM, Sierra Leone lags behind. In Sierra Leone, FGM is practiced within the bondo secret society, an ancient, all-female commune located in West Africa and also known as the sande. The bondo society’s traditional role was to direct girls’ rites of passage into adulthood. In order to become a member of the bondo, a girl or woman must undergo various rituals, the …
"It's Not Ok": New Zealand's Efforts To Eliminate Violence Against Women, Jeanmarie Fenrich, Jorge Contesse
"It's Not Ok": New Zealand's Efforts To Eliminate Violence Against Women, Jeanmarie Fenrich, Jorge Contesse
Crowley Mission Reports
Over the last decade, New Zealand has made significant efforts to address an acute social problem—violence against women. In New Zealand, it is estimated that one in three women has been a victim of domestic violence. In an effort to combat the problem, New Zealand has enacted legislation and regulations which aim to prevent and eliminate domestic violence. It has also created visible public education campaigns calling upon people to stop “family violence” as it is called in New Zealand.
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink
Faculty Scholarship
Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …
Latino Inter-Ethnic Employment Discrimination And The Diversity Defense, Tanya K. Hernandez
Latino Inter-Ethnic Employment Discrimination And The Diversity Defense, Tanya K. Hernandez
Faculty Scholarship
With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary but also will become even more complex. Recent scholarship has focused on analyzing how best to promote effective coalition building. Thus far, scholars have not examined what that growing racial and ethnic diversity will mean in the context of individual racial and ethnic discrimination claims. What will antidiscrimination litigation look like when all the parties involved are non-White but nonetheless plaintiffs allege that a racial hierarchy exists …
Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger
Lessons Unlearned: Women Offenders, The Ethics Of Care, And The Promise Of Restorative Justice, Marie A. Failinger
Fordham Urban Law Journal
This article focuses on the reality that women's relationality, and particularly their relationships with men in their lives, profoundly affects the behavior that lands them in the criminal justice system. The author argues that restorative justice, which is essentially grounded on an ethical understanding of crime and treats the offender an as interacting subject/agent, is a necessary avenue of response to most women offenders' crimes, and that corrections must go beyond a psychological approach that treats crimes as a form of illness, or a systematic model which attempts primarily to rectify deficits in women's social situation.
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Fordham Urban Law Journal
This article explores New York City's non-traditional, judicially based response to prostitution. This article first recounts the history of New York City’s Women’s Court. It then examines the work of the Midtown Community Court, the “problem-solving court” established in 1993 to address criminal issues, like prostitution, in Midtown Manhattan. It also discusses the renewed concerns about sex work in New York and describe the movement, propelled by modern reformers, to address prostitution through specialty courts. It then contrasts the shared features and attributes of the Women’s Court and Midtown Court models. Finally, the article urges modern reformers to step back …
No Penis, No Problem, Kay L. Levine
No Penis, No Problem, Kay L. Levine
Fordham Urban Law Journal
Over the past century and a half, the gendered essence of statutory rape has become deeply embedded in the purpose of the statute, extending its tentacles far beyond the statutory language, such that we can no longer extricate the male-on-female image from the formal law's requirements for prosecution. The reality of statutory rape is, however, far more complex than the traditional gender construct implies. Female sex abusers and male victims exist, in substantial numbers and varieties. Part I documents the statutory rape law's gendered essence, explaining the formal law's traditional gendered classification scheme, the Supreme Court's approval of that approach, …
Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm
Women As Perpetrators: Does Motherhood Have A Reformative Effect On Prostitution? , Lynne Marie Kohm
Fordham Urban Law Journal
This article explores whether motherhood may have any restorative effect on prostitution. Section I provides an overview of the crime of prostitution. It analyzes the underlying themes of autonomy, power, authority, and control, and considers whether prostitution is an example of the ultimate loss of these qualities, or an exercise of complete freedom and liberty in autonomy. Section II discusses how motherhood affects the life of a prostitute. It analyzes current social science research and studies and explores maternal responsibilities in terms of potential work interruption, new personal roles, and anxieties associated with the work/family/crime triad. It also considers the …
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Sex Before Violence: Girls, Dating Violence, And (Perceived) Sexual Autonomy, Cheryl Hanna
Fordham Urban Law Journal
This article explores the phenomenon of girl violence by examining teen dating violence and girls' experiences with intimate abuse both as victims and as perpetrators. While there is a tendency to view women's experiences as victims of violence as separate and distinct from their experiences as victims of violence, the two phenomena are interrelated. A girl's violent victimization can lead her to victimize someone else, just as her own violence can lead her to violent victimization. These conversations about young women and sexual behavior are especially important for lawyers and advocates. While the implementation of legal strategies such as civil …
The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell
The Construction Of Pregnant Drug-Using Women As Criminal Perpetrators, Nancy D. Campbell
Fordham Urban Law Journal
Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed de facto criminal perpetrators. However, drug use falls short of being prima facie evidence of intent to harm, particularly in social circumstances where drug-using economics are endemic. The cases in this article signal the limits of tolerance and the increasingly conditional nature of public welfare provision by raising the specter of a generation of urban mothers - and grandmothers - unable to care for their kids. These cases also reflect the policy-making role into which hospitals and the courts have stepped in the …
Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport
Mad Women And Desperate Girls: Infanticide And Child Murder In Law And Myth, Elizabeth Rapaport
Fordham Urban Law Journal
This article first offers a comparison between the stereotype dominated understanding of infanticide and child homicide in the United States and the statistical landscape it obscures. It then turns to the history of the crime of infanticide, a history which confirms that a fascination with deviant women as long dominated the story of infanticide. The article concludes with the exploration of the "Good Mother Defense." That exploration reveals the extent to which the fate of a woman tried for child homicide hinges on whether the jury sees her as a good mother, rather than on the prosecutors' ability to prove …
Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib
Rare & Inconsistent: The Death Penalty For Women, Victor L. Streib
Fordham Urban Law Journal
Previous studies of the national landscape around the death penalty for women have identified and analyzed past themes and issues.22 This Article brings the analysis current through 2005, beginning with a reprise of the conversations about gender bias and disparity in the death penalty system. It appears that female offenders have always been treated differently from male offenders in the death penalty system, sometimes for reasons that are easily justifiable but too often simply because of sex bias. The next section of this Article explores the current death penalty era, identifying those women who have been sentenced to death, those …
Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling
Mother Of Atrocities: Pauline Nyiramasuhuko's Role In The Rwandan Genocide, Carrie Sperling
Fordham Urban Law Journal
This article describes Pauline Nyiramasuhuko's role in the Rwandan genocide and her case before the International Criminal Tribunal for Rwanda (ICTR). It explores a woman's ability to be equally involved in atrocities by exploring Pauline's case. Her case challenges the myth than women, by their nature, are incapable of being warriors, and that somehow their roles as women and mothers prohibit them from planning or participating in depraved violence.
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith
Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery, Brenda V. Smith
Fordham Urban Law Journal
This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery. Part II situates the sexual abuse of women in custody and women slaves in their historical context. Part II also charts the creation of the first penitentiaries in the United States and the "Reform Movement," led by Quaker women who were also involved in the abolition movement, and later in the suffrage movement. It further examines the impact that women's entry into male prisons as workers in the 1970s and 1980s - pursuant to Title VII - had on the sexual abuse of …
Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez
Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez
Faculty Scholarship
At a symposium sponsored by the Women’s Rights Law Reporter, Professor Tanya Hernandez introduces the keynote speaker, Professor Joan Williams, a law professor at the American Law School, Washington College of Law in Washington,D.C. where she teaches Property, Women's Legal History, Feminist Jurist Prudence, and a Jurist Prudence seminar. The topic of the symposium is Work/Life Conflict in the Legal Profession.
Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez
Critical Race Feminism Empirical Research Project: Sexual Harassment & (And) The Internal Complaints Black Box, A Defining The Voices Of Critical Race Feminism, Tanya K. Hernandez
Faculty Scholarship
In this Article, I present a Critial Race Feminism (CRF) empirical sexual harassment project I recently conducted as a case study of how empirical research can be valuable to the future of CRF. Part I introduces the sexual harassment study and discusses the empirical questions it sought to explore. Part II then presents the empirical research design and the general trends that the data provided. Part III analyzes the key findings of the study and how it contributes to an understanding of how the application of sexual harassment law implicates race. The statistical analysis of survey responses from a group …
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Faculty Scholarship
This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …
Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins
Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins
Faculty Scholarship
Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …
Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez
Mainstream Legal Responses To Domestic Violence Versus Real Needs Of Diverse Communities, Elizabeth Murno, Jessica F. Vasquez
Fordham Urban Law Journal
Keynote speaker Marcia Ann Gillespie, editor-in-chief of Ms. Magazine, discussed the importance of getting to the root of what makes violence against women. She stressed the importance of looking at what makes men act violent, taking down barriers of reporting violence, and analyzing other contributing factors. Panelist Aurora Salamone from the New York City Department for the Aging then discussed domestic abuse against elders, stressing that domestic violence in the household does not all the sudden stop at a certain age. Panelist Kimberly A. Madden from from the Jewish Association for Services of the Aged discussed how violence against elders …
Issues In Representing Immigrant Victims
Issues In Representing Immigrant Victims
Fordham Urban Law Journal
Panelist Emira-Habiby Browne, executive director of the Arab American Family Support Center discussed the misunderstood community of Arab women adn the cultural barriers they experience when they come to America and particularly when they become victims of domestic violence. Panelist Margaret Retter, Executive Director of Din Legal Center Inc., discussed the cultural obstacles that stand in the way of Jewish women who are being abused and the obstacles they face in getting out of that situation. Panelist Julie Dinnerstein, staff Immigration Attorney at the Sanctuary for Families, gave a nuts-and-bolts discussion on remedies available to immigrant battered women. She discussed …
Overcoming Barriers In Communities
Overcoming Barriers In Communities
Fordham Urban Law Journal
Panelist Evelyn Cardona, discussed the work of the Brooklyn Coalition Against Family Violence, where she is the director, her own experience as a battered woman, and how she overcame it. Panelist Nechama Wolfson, president of the Shalom Task Force, then talked about the work of Shalom Task Force, a grasroots group of Orthodox Jewish women was doing on the community. Panelist Angela Lee, associate director of the New York Asian Women's Center, discussed the work her organization does with Asian battered women. Panelist Mircia Sanchez discussed the Harlem Dowling West Side Center for Children and Family Services, where she is …
Strong, Smart, And Bold Girls: The Girls Incorporated Approach To Education , Heather Johnston Nicholson, Mary F. Maschino
Strong, Smart, And Bold Girls: The Girls Incorporated Approach To Education , Heather Johnston Nicholson, Mary F. Maschino
Fordham Urban Law Journal
Girls Incorporated is a national non profit youth organization that "inspires all girls to be strong, smart and bold". in 200, Girls Inc. programs reached more than 740,000 girls and young women ages six through eighteen. A vast majority of these programs are conducted at schools during and after the school day. Program areas include science, media criticism, leadership, and substance use prevention. This article explores the different tactics, philosophies, and programs utilized used by Girls Inc.
Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez
Next Challenge In Sexual Harassment Reform: Racial Disparity, The Panel One: Gender, Race, And Sexuality: Historical Themes And Emerging Issues In Women's Rights Law, Tanya K. Hernandez
Faculty Scholarship
In order to do my homework in discussing both a tribute to women's lawyering and activism and also discuss emerging issues, I am going to focus on sexual harassment.