Law and Gender Commons^™

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.

Introduction: Issues Of Reproductive Rights: Life, Liberty & The Pursuit Of Policy, Lauren Orrico, Gordon Gantt Jr.

Journal of Law and Health

On March 7, 2014, the Journal of Law and Health of Cleveland-Marshall College of Law hosted a symposium entitled “Issues of Reproductive Rights: Life, Liberty, and the Pursuit of Policy” in response to recent developments in the regulation of women’s reproductive rights. The discussion about women’s reproductive rights has expanded far beyond the morality of abortion and right to privacy, established by the United States Supreme Court in Roe v. Wade, and has been complicated by new technology, statutory developments, and case law discussing the nature of a corporation. The symposium presenters addressed key legal developments in each stage of …

Trans People And Legal Recognition: What The U.S. Federal Government Can Learn From Foreign Nations, Amy Rappole

Maryland Journal of International Law

No abstract provided.

From One Town's 'Alternative Families' Ordinance To Marriage Equality Nationwide, Barbara Cox

Faculty Scholarship

Many articles have already discussed the Supreme Court’s Obergefell v. Hodges decision. In that opinion, the Supreme Court held that individuals who are same-sex couples have a fundamental right to marry just as individuals who are different-sex couples. Basing its decision on the Due Process and Equal Protection Clauses of the Fourteenth Amendment, the Court held that states could not deny same-sex couples that right. Instead of the numerous scholarly works analyzing the Obergefell decision, this essay looks back at my part in the marriage equality movement, before it was a movement and before it was about marriage, and its …

The Role Of Political And Social Movements On Women’S Entry Into The Legal Profession In Maryland (1902-1918), Jane C. Murphy

All Faculty Scholarship

The rise of women in the legal profession in Maryland was shaped by a wide range of factors, including national, state, and local political and social movements. As one scholar has noted, "[W] omen's lives are complex and .. . region, period, personality, and circumstance crucially influence what a subject is able to make of herself."' In this chapter, I explore how those circumstances-- personal and political-influenced the first group of eight women admitted to the Maryland Bar between 1902 and 1920. These women-Etta Maddox, Anna Grace Kennedy, Emilie Doetsch, Marie Elizabeth Kirk Coles, Mary Virginia Meushaw, Helen F. Hill, …

The Issue Class, Joseph Seiner

Faculty Publications

In 2011, in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court refused to certify a proposed class of one and a half million female workers who had alleged that the nation’s largest private employer had discriminated against them on the basis of their sex. The academic response to the case has been highly critical of the Court’s decision. This Article does not weigh in on the debate of whether the Court missed the mark. Instead, this Article addresses a more fundamental question that has gone completely unexplored: what is the best tool currently available for workers to pursue systemic employment …

A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy

Michigan Journal of Gender & Law

Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …

Hospital Breastfeeding Laws In The U.S.: Paternalism Or Empowerment?, Jennifer Bernstein, Lainie Rutkow

University of Baltimore Law Review

No abstract provided.

Feminist Rule Of Law Reform And Health Impact Of Legal Systems Premised On Women As Communal Gauges Of Honor, Tzili Mor

University of Baltimore Law Review

Gender equality is touted as key for sustainable development, improved public health, decreased poverty, and robust democratic systems. Yet despite growing interest by international bodies and national governments, the "gendering" of rule of law reform has received limited critical attention. This Article argues that transformative gendered rule of law reform requires holistic and intersectional analysis of the domestic legal landscape that genuinely accounts for lived experiences. Using Jordan as a case study, it critiques the short-sighted and perhaps harmful "technical" feminist law reform efforts of calling for repeal of isolated provisions related to sensational "honor killings." As in many countries, …

Changing Course In The Anti-Domestic Violence Legal Movement: From Safety To Security, Margaret E. Johnson

All Faculty Scholarship

No abstract provided.

Contraception As A Sex Equality Right, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

Challenges to federal law requiring insurance coverage of contraception are occurring on the eve of the 50th Anniversary of the U.S. Supreme Court’s decision in Griswold v. Connecticut. It is a good time to reflect on the values served by protecting women’s access to contraception.

In 1965, the Court ruled in Griswold that a law criminalizing the use of contraception violated the privacy of the marriage relationship. Griswold offered women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the Court would …

Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni

Faculty Works

No abstract provided.

A Visit With Guanyin, Carol Collins

UC Law SF Journal on Gender and Justice

No abstract provided.

Combatting Gender Privilege And Recognizing A Woman’S Right To Privacy In Public Spaces: Arguments To Criminalize Catcalling And Creepshots, Marc Tran

UC Law SF Journal on Gender and Justice

This comment explores two permutations of entitlement to women’s attention and bodies in public: street harassment (“catcalling”) and upskirt and down-blouse photography (collectively, “creepshots”). Part I is devoted to discussing street harassment—its harms (on an individual and societal scale), legal solutions, and the limits of the law. Part II is devoted to creepshots—their harms, the evolution of the perpetrator, and legal solutions. Both catcalling and creepshots disproportionately impact women. As such, an acknowledgement of gender privilege is a necessary prerequisite to exploring the harms and possible remedies of street harassment and up-skirt photography. There have been various attempts by men …

Medicaid As Coverture, Thomas E. Simmons

UC Law SF Journal on Gender and Justice

Antiquated views of women’s property rights and the status conferred by a marital relationship deprived a woman of separate property rights, treated the spouses as one unit incapable of contracting with one another, and transferred liability for one spouse’s debts to the other. These archaic, even offensive laws were largely repealed in the mid-nineteenth century. Today, women expect to enjoy a legal existence that is not consumed by the status of marriage, and to exercise property rights largely free from interference or paternalism. An examination of Medicaid eligibility rules reveals the retention and even reinstatement of the legal fiction of …

Safety Concerns, Fear And Precautionary Behavior Among College Women: An Exploratory Examination Of Two Measures Of Residency, Adam J. Pritchard, Carol E. Jordan, Pamela Wilcox

Office for Policy Studies on Violence Against Women Publications

This study examines the impact of two distinct measures of residency on college women's perceptions of safety, fear of crime and precautionary behaviors within both on-campus and off-campus areas. A student's current residency either on- or off-campus and a student's prior residency in a metropolitan, micropolitan or rural county prior to college are compared across these three aspects of campus safety. Current residency is found to be significantly related to a student's perceptions of safety in off-campus areas around campus, as well as the likelihood of engaging in precautionary behaviors such as avoiding specific locations on campus or carrying or …

Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell

Scholarly Works

Access to justice efforts have been focused more on access than justice, due in part to the framing of access to justice issues around the presence or absence of lawyers. This article argues that access to justice scholars and activists should also think about social justice and provides a roadmap for running a legal services program geared toward making court systems more just. The article also further develops the concept of “poor people’s courts,” a term that has been used to describe courts serving large numbers of low-income people without representation. The article argues that access to justice efforts can …

Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin

Scholarly Works

Despite the pro-religion rhetoric surrounding it, Hobby Lobby marks a loss of religious freedom. Missing from the majority's opinion is the core concept that religious freedom is necessary to protect the rights of all Americans, and that a religious belief must not be imposed on citizens through the force of law. Any interpretation of the First Amendment or the Religious Freedom Restoration Act ("RFRA")' that imposes one citizen's religious faith upon another must be rejected. This Article defends this non-imposition model of religious freedom and describes why and how Hobby Lobby incorrectly departed from it.

Policing And The Clash Of Masculinities, Ann Mcginley

Scholarly Works

In 2014 and 2015, the news media inundated U.S. society with reports of brutal killings by police of black men in major American cities. Unfortunately, police departments do not typically keep data on police killings of civilians. The data that exist do show, however, that at least for a five-month period in 2015, there was a disproportionate rate of police killings of unarmed black men.

There is no question that race and class play a key role in the nature of policing that occurs in poor black urban neighborhoods, but the relationship between police officers and their victims is not …

Debunking Unequal Burdens, Trivial Violations, Harmless Stereotypes, And Similar Judicial Myths: The Convergence Of Title Vii Literalism, Congressional Intent, And Kantian Dignity Theory, Peter Brandon Bayer

Scholarly Works

Title VII prohibits employers from imposing their racial, sex-based, ethnic, or religiously inspired grooming and appearance standards, even if, in light of widely accepted social conventions, the vast majority would feel exceptionally uncomfortable in the presence of employees who refuse to comport with their employers' discriminatory rules. Indeed, nearly four decades ago, with correct simplicity and directness the Supreme Court recognized Title VII's first principle: "Congress intended to prohibit all practices in whatever form which create inequality in employment opportunity due to discrimination on the basis of race, religion, sex, or national origin." Therefore, contrary to the harsh dismay expressed …

Testing Sex, Rachel Rebouché

University of Richmond Law Review

No abstract provided.

Barriers To Leadership In Women's College Athletics, Erin E. Buzuvis

Faculty Scholarship

Today there is an enormous gender disparity among collegiate head coaches and athletic administrators in the United States. Women fill less than a quarter of head coach and athletic director positions in college athletics and are even minorities among coaches of women's teams. Few other professions are as impervious to gender integration. Leadership in college athletics is, in the words of one scholar, one of the "few male bastions remaining," which raises the question: Why are women so starkly underrepresented in leadership positions within college athletics? There is no easy answer, but rather a variety of factors that exclude, deter, …

What’S Law Got To Do With It? Confronting Judicial Nullification Of Domestic Violence Remedies, 10 Nw. J. L. & Soc. Pol'y. 130 (2015), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

In 1982, the Illinois legislature passed the Illinois Domestic Violence Act (the Act) and most recently passed an updated version in 2012. This Article examines how the specialized domestic violence courthouse in Chicago implements these laws.

Where the courthouse falls short, this Article will explore why, what can be done, and consider implications for other jurisdictions seeking to implement similar resources for survivors of domestic violence. The results from this empirical study are mixed. On the positive side, the data reflect that judges are properly applying many important aspects of the new order of protection laws and granting a high …

Admin, Elizabeth F. Emens

Faculty Scholarship

This Article concerns a relatively unseen form of labor that affects us all, but that disproportionately burdens women: admin. Admin is the office type work – both managerial and secretarial – that it takes to run a life or a household. Examples include completing paperwork, making grocery lists, coordinating schedules, mailing packages, and handling medical and benefits matters. Both equity and efficiency are at stake here. Admin raises distributional concerns about those people – often women – who do more than their share of this work on behalf of others. Even when different-sex partners who both work outside the home …

Multidimensional Advocacy As Applied: Marriage Equality And Reproductive Rights, Suzanne B. Goldberg

Faculty Scholarship

Talking about marriage equality and reproductive rights advocacy together presents an interesting, and sometimes puzzling, assortment of challenges and opportunities. Both involve efforts to secure legal protections and social recognition that are fundamentally important to those who need them yet also deeply provocative to their opponents. For both, too, advocacy takes place on a shifting terrain shaped by competing views of sexuality, autonomy, equality, personhood, and more.

Yet the two advocacy efforts have experienced very different receptions over time. Just over two decades ago, the Supreme Court expressly affirmed that women have a constitutional right to seek an abortion and …

Honoring And Celebrating Myrna Raeder, Brett Dignam

Faculty Scholarship

It is a great privilege to be honoring Myrna Raeder and to celebrate her impressive career, scholarship and personhood. How appropriate to bring together scholars and advocates who share and will carry on her passions. Thank you everyone at Southwestern Law School who worked so hard to imagine and realize this symposium, for gathering us together, and for giving us the opportunity to reflect on the many gifts and fierce challenges Myrna gave to each of us. There is no finer tribute we can give than to carry on her work – the development of ideas and the encouragement of …

A Free Start: Community-Based Organizations As An Antidote To The Mass Incarceration Of Women Pretrial, Amber Baylor

Faculty Scholarship

In 1973, the feminist newsmagazine Off Our Backs featured a segment on women in jail awaiting trial in Washington, D.C. Many of the women faced minor charges, such as soliciting prostitution, but remained in detention because they could not afford to pay even very low amounts of monetary bail. The magazine interviewed Myrna Raeder, then a fellow at Georgetown, and other attorneys involved in a class action suit against D.C. corrections, who argued that low-income women were unjustly subjected to the punitive effects of pretrial detention, in violation of their due process rights. Raeder reported to the newsmagazine, “as a …

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

UC Law SF Journal on Gender and Justice

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental rights, …

Mitigating The Employer’S Exposure To Third Party Claims Of A Hostile Work Environment, John A. Pearce Ii, Ilya A. Lipin

UC Law SF Journal on Gender and Justice

We are only beginning to understand the impact of sexual harassment in the workplace on third parties. With few precedent cases, potential third party plaintiffs face the extremely difficult task of providing evidence of quid pro quo or hostile work environment sexual harassment when substantiating their claims as victims of widespread sexual favoritism, unreasonable interference in their workplace, or an intimidating, hostile, or offensive environment. However, as judicial decisions bring clarity to sexual harassment law, new theories provide promising options for potential plaintiffs, and courts increasingly recognize the viability of sexplus theory, the potential for third party sexual harassment claims …