Law and Gender Commons^™

Virginity Testing And South Africa's Hiv/Aids Crisis: Beyond Rights Universalism And Cultural Relativism Toward Health Capabilities, Erika George

Faculty Scholarship

In this Article, I explore the tension between the politics of culture and the rights of women and girls to equality, privacy, and sexual autonomy in the context of epidemic disease. Specifically, this Article examines the political debate surrounding the resurgence of virginity testing, its widespread popular support in certain communities, and the South African government's recent efforts to prohibit the practice. This Article argues that the current debate over virginity testing, which focuses on abolition or accommodation of the practice, is misguided and polarizing. It argues that these perspectives on the debate increase the likelihood that the problem causing …

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• A Law upon Which All Blessings are Predicated (David A. Thomas)
• The Lawyer as Peacemaker (Matthew B. Durrant)
• Women in the Law (Nan Barker)
• With Charity for All (Matthew S. Holland)

"No Cherries Grow On Our Trees": A Social Policy Research Paper For The Take Action Project, A Public Policy Initiative To Address Women’S Poverty And Violence Against Women, Wendy Komiotis, Nora Currie, Janet Mosher

Commissioned Reports, Studies and Public Policy Documents

This is a project about women, not as a homogeneous and objectified category, but about women as agents whose lives are shaped by the multiple dimensions of their identities, including their Aboriginal status, age, class, disability, race, sexual orientation, gender identity and status (be it family, immigration, or health). It is a project that speaks to the realities of women’s lives, in particular the harsh realities of poverty and violence. It is also a project about you. Given the high rates of both poverty and violence, many of you will share these experiences. Many of you may be one job, …

The Gender Bend: Culture, Sex, And Sexuality—A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol

UF Law Faculty Publications

In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship.

Cognizant of, and notwithstanding such limitations, this …

From Hillary Clinton To Lady Macbeth: Or, Historicizing Gender, Law, And Power Through Shakespeare's Scottish Play, Carla Spivack

William & Mary Journal of Race, Gender, and Social Justice

Female rule was anomalous in the sixteenth century, therefore, Elizabeth I developed a complex set of symbols, rooted in claims traditionally made by male rulers, to legitimate her claim to rule. Nonetheless, her reign was anxiety-provoking, and this article argues that the years after her death saw a backlash against female power. Part of this backlash consisted of the reworking of the symbols Elizabeth had used. This article examines this process of revision in Shakespeare's play Macbeth and, later, in the responses of King James I to claims of demonic possession.

This article draws together three historical moments - Queen …

Banding Together: Reflections On The Role Of The Women's Bar Association Of The District Of Columbia And The Washington College Of Law In Promoting Women's Rights, Jamie Abrams, Daniela Kraiem

Scholarly Articles in Law Reviews & Journals

The Washington College of Law and the Women's Bar Association of the District of Columbia share an important historical connection; Ellen Spencer Mussey and Emma Gillett founded both institutions together, in 1898 and 1917, respectively. Mussey and Gillett were pioneers in legal education, legal reform, and the development of women lawyers. 2 More significant than the work they performed during their lives, however, is the legacy of activism, reform, and support that they ignited by founding two institutions that advance women in the law. These institutions have trained and supported generations of women lawyers through world wars and depressions, through …

Domestic Violence Law Reform In The Twenty-First Century: Looking Back An Looking Forward, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Reflections On Domestic Work And The Feminization Of Migration, Glenda Labadie-Jackson

Campbell Law Review

This Article brings forth some general reflections on domestic work and the feminization of migration, with particular emphasis on the complex interrelation of immigration status, gender, class, and race that takes place in this context. In light of these reflections, the Article concludes by recommending the promulgation of additional national and international regulatory schemes designed to protect the human rights of domestic workers.

Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd

Cornell Law Faculty Working Papers

Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are both alive and …

“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot

Working Paper Series

The story of Alice Paul’s National Woman’s Party and its 1917 picketing campaign onbehalf of woman suffrage is almost unknown in legal circles. Yet the suffrage pickets were among the earliest victims of the suppression of dissent that accompanied the entry of the United States into World War I. Nearly forty years before the modern civil rights movement brought the concept of nonviolent civil disobedience to the forefront of American political discourse, the NWP conducted a direct action campaign at the very doorstep of the President of the United States, and they did so during a time of war.

In …

Women And The Law: Touro Law Center Symposium

Journal of Race, Gender, and Ethnicity

No abstract provided.

A Comparison Of Men’S And Women’S Access To And Use Of Fwas, Anna Danziger, Shelley Waters Boots

Memos and Fact Sheets

This fact sheet contains information about men's and women's access to and use of certain types of flexible work arrangements (FWAs). The data also includes information about men's and women's attitudes and preferences concerning flexibility. The data suggests far more similarities than differences in men's and women's access to and use of these FWAs.

Judging Sex In War, Karen Engle

Michigan Law Review

Rape is often said to constitute a fate worse than death. It has long been deployed as an instrument of war and outlawed by international humanitarian law as a serious-sometimes even capital-crime. While disagreement exists over the meaning of rape and the proof that should be required to convict an individual of the crime, today the view that rape is harmful to women enjoys wide concurrence. Advocates for greater legal protection against rape often argue that rape brings shame upon raped women as well as upon their communities. Shame thus adds to rape's power as a war weapon. Sexual violence …

Charting A New Path Toward Gender Equality In India: From Religious Personal Laws To A Uniform Civil Code, Shalina A. Chibber

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.

"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith

West Virginia Law Review

No abstract provided.

Sex And Globalization, Berta E. Hernández-Truyol

UF Law Faculty Publications

For some time now, I have focused on a mission to bring together the separate discourses of the human rights and trade fields—certainly not to blend them, but to raise awareness of their myriad interconnections. Indeed, human rights and trade are interlocking pieces of the puzzle we call international law and cannot possibly remain sequestered in the "splendid isolation" in which they have existed since their inception as disciplines. In any study of globalization, especially if one endeavors to pursue its benefits for all persons, not just the elite around the world, one must be aware of and seek to …

Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox

William & Mary Journal of Race, Gender, and Social Justice

The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The analysis is embedded in feminist discourse on home, from traditional critiques of the association between women and home to evolving conceptions of the benefits and the burdens of home for contemporary feminist theory. This article traces the ideas of "home" and "homeownership" for American women and considers how it might …

Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman

Cardozo Journal of International and Comparative Law

The note argues that incorporating Alternative Dispute Resolution (ADR) techniques into asylum adjudications can enhance the fairness and accuracy of credibility determinations. It proposes a two-step process, including preliminary fact-finding and early neutral evaluation, to address challenges such as cultural differences, trauma, and adversarial dynamics.

Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson

Faculty Works

Introduction to the 2007 University of Missouri-Kansas City Law School’s inaugural Sports Law Symposium. The symposium created a forum that contributed to developing intellectual synergies among national sports law scholars, practicing sports law attorneys, athletic directors, coaches, sports industry professionals, and, importantly, student-athletes. The engagements created revolved around the theme of emerging legal issues affecting amateur and professional sports. The symposium featured scholarly presentations in the amateur and professional sports areas. Scholarly inquiry focused on a range of topics, from the economic and legal issues affecting the coaching profession to balancing gender and minority gender equity under Title IX. The …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background …

The Earth Turned To Bring Us Closer, Bruce L. Hay

Cardozo Law Review

No abstract provided.

The Third Wave: Young Feminists Find Common Ground With Those Who Came Before Them, Jane C. Murphy

All Faculty Scholarship

Reporting on recent research at Chicago-Kent Law School and supported by studies at other schools, a group of student panelists noted sharp differences in participation rates in class discussions and lower feelings of self-confidence among female students compared with their male counterparts.

The Ironical Exclusion Of Women From Harvard Law School, 1870–1900, Bruce A. Kimball, Brain S. Shull

Journal of Legal Education

No abstract provided.

Militarization And Terrorism And Counter- Terrorism Measures In Thailand: Feminists And Women Human Rights Defenders, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

Women human rights defenders need to work closely with feminist human rights defenders; both groups must empower each other and promote gender-sensitization of other members of the rights movements against militarization.

Despite the fact that women’s human rights defenders in the women’s movements have brought about some positive legal changes for women’s human rights, there are political, economic and social patriarchal contexts, especially through militarization, that obstruct ideal legislation and enforcement to cover all areas which have been identified in international instruments, especially the Convention on the Elimination of All Discrimination against Women and the Declaration on the Elimination of …

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb

Cardozo Law Review

No abstract provided.

Public Policy, Women, And Confinement: A Plea For Reasonableness, Peter M. Carlson

William & Mary Journal of Race, Gender, and Social Justice

This veteran correctional administrator reviews the explosion of numbers of female offenders confined in the United States today. The article explores the myriad causes and effects of this shift in public policy and notes the negative impact of today's policy outcomes on individual offenders, correctional systems, and our society. The author argues for a modification of policy to a more rational approach to judicial sentencing.

The Caged Canary, Elizabeth Alexander

William & Mary Journal of Race, Gender, and Social Justice

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, particularly sentencing policy regarding drug crimes. These changes have had a devastating impact on African-American communities. The changes have also adversely affected the social, economic, and political culture of the nation as a whole. The rate of increase in incarceration for women prisoners has been disproportionately high, although women are generally imprisoned for non-violent crimes and have lower recidivism rates than men. Once in prison, women are …