Law and Gender Commons^™

The Hidden Psychology Of Constitutional Criminal Procedure, Jesse-Justin Cuevas, Tonja Jacobi

Cardozo Law Review

There is extensive empirical evidence establishing the difference in men's and women's speech patterns, conduct, and perceptions of, and responses to, police authority. Yet these differences are rarely reflected in constitutional criminal procedure law, despite many of its rules hinging on a person's manner of expression or subtleties of behavior. Similar evidence exists for the systematic impact of juvenile status and intellectual disability, but only modest and ad hoc consideration has been given to these factors. The result is that the "reasonable person" is actually implicitly white, male, adult, and able-minded. His speech and conduct are treated as normal, and …

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.

Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher

Seattle University Law Review

For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization contractors …

Third-Party Reproductive Practices: Legislative Inertia And The Need For Nuanced Empirical Data, Susan Markens

Publications and Research

In their article, ‘Gamete donor anonymity and limits on numbers of offspring: the views of three stakeholders’, Margaret K. Nelson, Rosanna Hertz and Wendy Kramer draw on survey data from gamete donors, parents who used gametes to conceive, and donor-conceived offspring in order to understand the position that various stakeholders are likely to hold regarding the regulation of two issues pertaining to gamete donation: anonymity and limits on numbers of offspring.1 This commentary elaborates on the politics underlying conflicts and agreements among various stakeholders involved with third-party reproduction and details the need for data to better inform legislation regarding assisted …

My Body, Not My Say: Justice Blackmun's Influential Decision In Roe V. Wade, Kisha K. Patel

Gender, Women's, and Sexuality Studies Summer Fellows

Abortion laws have regulated women’s bodies since the beginning of the country. Many people associate regulation with the case of Roe V. Wade in 1973, in which the Supreme Court ruled that states could not outlaw abortion during the first trimester. Roe v. Wade remains controversial to this day as it failed to establish consensus that women’s decision whether or not to terminate a pregnancy falls within their constitutional right to privacy. Understanding the implications of this decision is fundamental to analyze the debate over the constitutionality of abortion today. This paper examines the opinion written by Justice Blackmun in …

Women's Health And Abortion Rights: Whole Woman's Health V Hellerstedt, Lawrence O. Gostin, Rebecca B. Reingold

Georgetown Law Faculty Publications and Other Works

Nearly a quarter century ago, the Supreme Court asked pro-choice and right-to-life advocates “to end their national division by accepting a common mandate rooted in the Constitution.” Nothing of the sort materialized. If anything, the social and political battles intensified, with states enacting 1074 abortion restrictions. The Court has not considered various appeals in the face of an avalanche of legislation, but on June 27, 2016, it struck down 2 onerous restrictions on physicians and clinics offering abortion services.

In Whole Woman’s Health v Hellerstedt, the Court found Texas’s requirements that physicians conducting abortions obtain admitting privileges at local …

Trending @ Rwu Law: Judge Netti Vogel's Post: Women, The Legal Profession, And How Far We've Come 7-19-16, Netti Vogel

Law School Blogs

No abstract provided.

Title Ix, Sexual Assault, And The Issue Of Effective Consent: Blurred Lines—When Should “Yes” Mean “No”?, Lori E. Shaw

Indiana Law Journal

This Article is intended to set the process in motion by providing the DOE and the educational institutions governed by Title IX with a proposed standard for “effective consent.” Part I provides an overview of the realities of campus life in the 2010s, delving into the root causes of sexual assault and other forms of unwanted sexual contact. Sexual hookups and binge drinking, two aspects of campus life inextricably linked to one another and to unwanted sexual contact, are explored in depth.

Part II presents an overview of the traditional role, structures, and processes of the student-conduct system. It then …

The Shibboleth Of Discretion: The Discretion, Identity, And Persecution Paradigm In American And Australian Lgbt Asylum Claims, Heather Kolinsky

UF Law Faculty Publications

Part II of this paper will examine and compare how the LGBT asylum process has evolved—specifically vis-à-vis identity and discretion—in the United States and Australia, which can help highlight some of the issues driven by improper application of Western essentialist LGBT definitions on asylum claims. Part II will also analyze the concepts of refugee and asylum law internationally, as well as the concerns of the gay international community with respect to asylum law globally. Parts III and IV will review the asylum process for LGBT asylum applicants in the United States and Australia, respectively—with a focus on identity, discretion, and …

Can Reproductive Trans Bodies Exist?, Chase Strangio

City University of New York Law Review

No abstract provided.

Title Ix, Sexual Assault, And The Issue Of Effective Consent: Blurred Lines—When Should “Yes” Mean “No”?, Lori E. Shaw

School of Law Faculty Publications

This Article is intended to set the process in motion by providing the DOE and the educational institutions governed by Title IX with a proposed standard for “effective consent.” Part I provides an overview of the realities of campus life in the 2010s, delving into the root causes of sexual assault and other forms of unwanted sexual contact. Sexual hookups and binge drinking, two aspects of campus life inextricably linked to one another and to unwanted sexual contact, are explored in depth.

Part II presents an overview of the traditional role, structures, and processes of the student-conduct system. It then …

Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch

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

No abstract provided.

Intersections Of Violence Against Women And Health: Implications For Health Law And Policy In Nigeria, Cheluchi Onyemelukwe

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

No abstract provided.

Why The Clarification Petition Filed By The Union Of India In The Transgender Case Is Incorrect In Law And In Bad Faith On The Question Of Reservation, Surabhi Shukla

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

In this Article, I make an argument that the state, including the Government of India, is empowered by the Constitution of India to decide which classes qualify as “backward classes” for affirmative action measures under the Constitution. The Supreme Court of India has directed the government to include the transgender population as a backward class and to extend to them affirmative action measures such as reservation in public appointments and university admissions. In response, the Union of India has filed a clarification petition stating that it is incompetent to suo motu include the transgender population as a backward class and …

Women Who Kill Women, Rashmi Goel

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

This Article examines more closely the participation of mothers-in-law in India’s dowry murders to gain a better understanding of these dynamics and to expose the limits of existing reforms. I first turn to the participation of women in dowry death cases and the ways in which their participation challenges our conventional understanding of patriarchy and societal manifestation. In Part II, I provide an overview of dowry deaths in India. In Part III, I survey the different criminal provisions related to dowry deaths and demonstrate how these laws actually operate within a set of cultural practices that support female subjugation. Part …

Honest Victim Scripting In The Twitterverse, Francine Banner

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

This Article critically analyzes Tweets regarding recent allegations of interpersonal violence against celebrities in order to explore societal perceptions of, and expectations about, alleged victims. The Article concludes that Twitter may be viewed as a micro-courtroom in which victims’ veracity and perpetrators’ responses are evaluated, interrogated, and assessed. A key, feminist critique of rape law is that the determination of the perpetrator’s guilt or innocence too often hinges on an assessment of the victim’s character. This is borne out on social networking sites, where terms such as “gold digger,” “slut,” and “ho” are engaged with regularity to describe those who …

People With Secrets: Contesting, Constructing, And Resisting Women’S Claims About Sexualized Victimization, Rose Corrigan, Corey S. Shdaimah

Catholic University Law Review

What do sexual assault victims and women charged with prostitution have in common? Both are processed through a criminal justice system where legal actors assess their claims of victimization and either provide or deny resources and recognition in response to those claims. Ideal victim theory posits that not all victims’ claims are treated equally due to static factors such as personal characteristics or case facts. Professor Corrigan and Professor Shdaimah present the Arena of Intelligibility, an original analytical tool developed from their empirical data, to more effectively explain case outcomes for women affected by sexual crimes.

The Arena explains criminal …

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.

Domestic Violence Victims A Nuisance To Cities, Filomena Gehart

Pepperdine Law Review

Unless municipal nuisance ordinances change, domestic violence victims can face eviction just for calling the police. Nuisance ordinances generally impose fines on a property owner or landlord when the police are called to respond to incidents of crime a certain number of times at the same residence. Many nuisance ordinances also revoke a landlord’s rental license if a property is deemed a nuisance. However, many of these nuisance ordinances do not have an exception for incidents of domestic violence and, consequently, victims are scared to call 911 or request police assistance. This comment surveys the development of nuisance laws and …

On Marriage Equality And Transformation Through Preservation, Courtney Cahill

Scholarly Publications

No abstract provided.

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

Nevada Law Journal

No abstract provided.

Equality Writ Large, Phyllis Goldfarb

Nevada Law Journal

No abstract provided.

Using Feminist Theory To Advance Equal Justice Under Law, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Nevada Law Journal

No abstract provided.

Toward A Feminist Political Theory Of Judging: Neither The Nightmare Nor The Noble Dream, Sally J. Kenney

Nevada Law Journal

No abstract provided.

Ministering (In)Justice: The Supreme Court's Misreliance On Abortion Regret In Gonzales V. Carhart, J. Shoshanna Ehrlich

Nevada Law Journal

No abstract provided.

"Burn This Bitch Down!": Mike Brown, Emmett Till, And The Gendered Politics Of Black Parenthood, Teri A. Mcmurtry-Chubb

Nevada Law Journal

No abstract provided.

Pregnant "Persons": The Linguistic Defanging Of Women's Issues And The Legal Danger Of "Brain-Sex" Language, Andrea Orwoll

Nevada Law Journal

No abstract provided.

You Can't Remain Neutral On A Moving Train – Marriage Equality In The States & Ireland: Thoughts On Freedom To Marry, Religious Heteronormativity, And Conceptions Of Equality, Kris Mcdaniel-Miccio

DePaul Journal of Women, Gender and the Law

This title, in part, was one of the famous phrases uttered by the brilliant historian Howard Zinn, a wonderful image that applies to advocating social justice. In the United States, the train referenced by Zinn was the Freedom Train, whether it be toward gender, racial or ethnic parity. Now it is the Freedom to Marry Train and it has not only left the station, it is moving at break- neck speed and almost unstoppable. This Train built with the blood, sweat and tears of the LGBTI community, forged by fire and situated on a justified track. There is no difference …

Legislating On Violence Against Women: A Critical Analysis Of Nigeria's Recent Violence Against Persons (Prohibition) Act, 2015, Cheluchi Onyemelukwe

DePaul Journal of Women, Gender and the Law

In many African countries, as in other countries around the world, women suffer violence on the basis of their gender. Unfortunately, many countries lack legislation that provide effective protections against gender-based violence. Evidence from Nigeria, including the passage of new legislation at federal and state levels, suggests some progress. How effective such laws will be is yet to be seen. This paper begins the process of investigating the potential for the effectiveness of these new laws by conducting an in-depth analysis of Nigeria’s recently enacted Violence Against Persons (Prohibition) Act, 2015. This examines the relevance of the Act and its …