Law and Gender Commons^™

Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon

Georgia Journal of International & Comparative Law

No abstract provided.

Gender Discrimination - European Economic Community - European Court Of Justice Determines That A Non-Contributory Occupational Pension Scheme Should Not Discriminate On The Basis Of Sex. Barber V. Royal Exchange Assurance Group, 1990 E. Comm. Ct. J. Rep. ___, [1990] 2 Comm. Mkt. L. Rep. 513., R. Mace Flournoy

Georgia Journal of International & Comparative Law

No abstract provided.

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.

The Changing Tide Of Immigration Law: Equality For All?, Laurie M. Cochran

Georgia Journal of International & Comparative Law

No abstract provided.

An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor

Georgia Journal of International & Comparative Law

No abstract provided.

Litigating Customary International Human Rights Norms, Beth Stephens

Georgia Journal of International & Comparative Law

No abstract provided.

License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour

Seattle University Law Review

Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This Note recounts those …

Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace

Georgia Journal of International & Comparative Law

No abstract provided.

Lawful Wife, Unlawful Sex - Examining The Effect Of The Criminalization Of Marital Rape In England And The Republic Of Ireland, Melisa J. Anderson

Georgia Journal of International & Comparative Law

No abstract provided.

A Brief Introduction To The Relationship Between Sexuality And Rights, Oliver Phillips

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Recognition Of Gender Change For Transsexual Persons In The United Kingdom: The Human Rights Act 1998 And "Compatibility" With European Human Rights Law, Robert E. Rains

Georgia Journal of International & Comparative Law

No abstract provided.

Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee

Georgia Journal of International & Comparative Law

No abstract provided.

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …

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

Florida State University Law Review

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 …

Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

The sexual exploitation of men and boys is often little understood and commonly goes ignored. Internationally, it is said that 1 in 6 boys are sexually abused before reaching adulthood and in some nations the exploitation and abuse of boys far outweighs that of girls. Social and cultural norms often assume men and boys to be inherently strong and/or invulnerable to sexual exploitation; however, research in this area continues to show these assumptions to be false. Because of this lack of awareness, the efforts of the organizations and individuals who work to provide for the needs of male victims are …

Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

This presentation is an analysis of seven state and federal cases of human trafficking, including forced labor and sex trafficking, in Rhode Island from 2009 until 2013. In 2009, Rhode Island passed a comprehensive human trafficking law. Since then there have been six cases of sex trafficking and one case of forced labor. Sources for information on the human trafficking cases were police reports, witness statements, court documents and media reports. This presentation will briefly summarize the cases and discuss the similarities and difference among the cases and discuss of some key findings from these cases, which include:
1) Victims …

Title Ix And Social Media: Going Beyond The Law, Emily Suran

Michigan Journal of Gender & Law

The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …

How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston

Michigan Journal of Gender & Law

Our popular understanding of domestic violence has shifted significantly over the past forty years, and with it, our legal response. We have moved from an interpretation of domestic violence as a private relationship problem managed through counseling techniques to an approach that configures domestic violence first and foremost as a public crime. Mandatory criminal intervention policies reflect and reinforce this interpretation. How we arrived at this point, and which understanding of domestic violence facilitated this shift, is the focus of this Article. I argue that the move to intense criminalization has been driven by a distinctly feminist interpretation of domestic …

Diversity And Supreme Court Law Clerks, Tony Mauro

Marquette Law Review

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Human Trafficking To Northern America: The Balkan Connection, Natalya Timoshkina, Naser Miftari, Antonela Arhin

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

This paper draws on the results of a large multi-method study, which examined human trafficking from the former Eastern Bloc to Northern America (Canada and the United States). The study was conducted in 2011-2013, and funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The analysis is grounded in the findings from 9 countries of the Balkan region included in the study: Albania, Bulgaria, Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia. The following data sources were used: (a) national and international reports, media and academic articles, and various documents (in English and official languages …

Human Trafficking, Education And Migration At Ngos In Cambodia And Thailand, Robert Spires, Xinyi Duan

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

This presentation is based on in-progress collaborative research between researcher Dr. Bob Spires and Hong Kong-based NGO Liberty Asia. The research involves interviews and observations conducted at multiple NGOs in Cambodia and Thailand working to address human trafficking and incorporating educational components into their programs. The study uses comparative lenses to examine issues of education and migration in both the Cambodian and Thai context for human trafficking survivors and at-risk populations. The study is interdisciplinary, drawing on the work on human trafficking in several social science fields. The framework for the research is based on Frank Laczko and Elzbieta Gozdziak’s …

Bra’S For A Cause: A Service Learning Project In A Freshman Level Human Trafficking Course, Beth A. Wiersma

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Women and Children for Sale: The Global Problem of Human Trafficking is a General Studies Portal course for college freshman at a Midwestern university. The students in the course were surveyed the first day of class about why they chose the course, what they hoped to get out of the course, what they believed to be true about human trafficking, and how they learned about human trafficking. During the semester the students planned and carried out a service learning project “Bras for a Cause”. This project involved educating others about human trafficking and collecting bras. The bras are sent overseas …

The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins

Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)

Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …

Invisible No More: Domestic Workers Organizing In Massachusetts And Beyond, Natalicia Tracy, Tim Sieber, Susan Moir Scd

Labor Studies Faculty Publication Series

Domestic workers across the country are making it clear that, even in a difficult political environment, it is possible to make gains for low-wage workers. For the first time in many, many decades, domestic workers are finding ways to win. They are creat
ing policy change that will improve the lives of hundreds of thousands of workers in tangible and substantial ways. The 2014 Massachusetts Domestic Workers’ Bill of Rights is the most expansive codification of rights for this long-overlooked part of the labor force ever to be enacted. In one sense, there is nothing new about domestic workers organizing …

Abortion And The “Woman Question”: Forty Years Of Debate, Reva B. Siegel

Indiana Law Journal

This paper was presented as the Addison C. Harris Lecture at the Indiana University Maurer School of Law, Bloomington, Indiana, September 27, 2012.

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 …

Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel

Faculty Scholarship

This article asks what the U.S. Supreme Court’s opinion in United States v. Windsorstands for. It first shows that the opinion leans in the direction of marriage equality but ultimately resists any dispositive “equality” or “federalism” interpretation. The article next examines why the opinion seems intended to preserve for itself a Delphic obscurity. The article reads Windsor as an exemplar of what judicial opinions may look like in transition periods, when a Bickelian Court seeks to invite, not end, a national conversation, and to nudge it in a certain direction. In such times, federalism reasoning and rhetoric—like declining to …

Gender Diversity In The Patent Bar, Saurabh Vishnubhakat

Faculty Scholarship

This article describes the state of gender diversity across technology and geography within the U.S. patent bar. The findings rely on a new gender-matched dataset, the first public dataset of its kind, not only of all attorneys and agents registered to practice before the United States Patent and Trademark Office, but also of attorneys and agents on patents granted by the USPTO. To enable follow-on research, the article describes all data and methodology and offers suggestions for refinement. This study is timely in view of renewed interest about the participation of women in the U.S. innovation ecosystem, notably the provision …

The Use And Misuse Of Econometric Evidence In Employment Discrimination Cases, Joni Hersch, Blair Druhan Bullock

Vanderbilt Law School Faculty Publications

Experts routinely criticize three aspects of regression analyses presented by the opposing party in employment discrimination cases: omitted explanatory variables, sample size, and statistical significance. However, these factors affect the reliability of the regression results only in very limited circumstances. As a result, valid regression analyses do not provide the critical guidance that they should in employment discrimination cases. Our own statistical analyses of seventy-eight Title VII employment discrimination cases find that merely raising these critiques, even if spurious, reduces plaintiffs’ likelihood of prevailing at trial. We propose that courts adopt a peer-review system in which court-appointed economists, compensated by …