Law and Gender Commons^™

"Anything You Can Do, I Can Do Shorter": An Analysis Of Lenient Sentencing For Female Sex Offenders In The United States, Deborah Goodwin

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

No abstract provided.

The Impact Of Artificial Womb Technology On Abortion Jurisprudence, Julia Dalzell

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

No abstract provided.

No Means No: An Argument For The Expansion Of Rape Shield Laws To Cases Of Nonconsensual Pornography, Austin Vining

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

This Article considers the impact of a hypothetical nonconsensual pornography victim’s previous sexual history on potential legal remedies, both criminal and civil. Due to jury bias and the difficulty in proving standard elements of many claims, the research shows that such a victim would likely be unsuccessful in court. This Article then turns to two legal concepts from related fields—the incremental harm doctrine and rape shield laws—and considers what effect their application would have on the hypothetical victim’s case. Ultimately, the author presents an argument for the logical expansion of rape shield laws to cases of nonconsensual pornography.

Law School News: Celebrating The First Women Lawyers In Rhode Island April 9, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Makeup Call: How Cosmetic Product Use Affects Women Absent Federal Regulation, Gabrielle Eriquez

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

No abstract provided.

Chronic Harm, Ann Kennedy

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

No abstract provided.

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

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

No abstract provided.

Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova

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

Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public …

Gauzy Allegory And The Construction Of Gender, Melissa H. Weresh

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

In August 2017, violence erupted in Charlottesville, Virginia when white nationalists arrived to protest the removal of a statue memorializing Confederacy General Robert E. Lee. Commenting on the controversy associated with the removal of Confederate monuments, the American Historical Association noted that the removal of a monument was intended "not to erase history, but rather to alter or call attention to a previous interpretation of history." In another effort to call attention to a silenced past, in April 20 18, The Legacy Museum: From Enslavement to Mass Incarceration opened in Montgomery, Alabama. Recognizing that "[t]he United States has done very …

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Exploring The Perceptions Of Citizens Of The Impact Of Community Policing In Two Ethnically Diverse, Low-Income Communities That Have National Safety Ratings Between 0% And 25% In San Diego County: A Phenomenological Study, Eric O'Neal

Dissertations

Purpose: The purpose of this qualitative phenomenological study was to describe citizen perceptions of the impact of community policing in 2 selected, ethnically diverse, low-income communities that have national safety ratings between 0% and 25%. The study explored the 8 pillars of community policing: partnerships, problem solving, procedural fairness, proscribed scope, protection, professionalism, purpose, and principles and their impact on citizens’ perception of their local law enforcement agencies.

Methodology: The study was qualitative with a phenomenological approach to research.

Findings: Findings from this study revealed that examination of study participant interviews, observations, and artifacts resulted in 22 themes and 689 …

Discrimination Without Discriminating? Learned Gender Inequality In The Labor Market And Gig Economy, Arianne Renan Barzilay

Cornell Journal of Law and Public Policy

The "sharing" economy, and in particular the exchange of labor and services within it, is generating wide-spread attention from scholars. It has been celebrated as a disruption to current forms of labor and consumption. This depiction suggests a new, sui generis form of economy, which can and should be understood in and of itself or at most, by its contrast with the current labor market in which workers are employees. Yet, I argue, emerging research on gender discrimination in the gig economy suggests that this understanding occludes a major feature of the gig economy-its operation in the shadow of the …

Getting Away With Marginalization: Rejecting A Formalistic Standing Analysis And Remedying Lgbtq+ Discrimination Through Congressional Legislation, Jared Ham

Cornell Journal of Law and Public Policy

No abstract provided.

Transnational Feminism In The Context Of Intimate Partner Violence In Ghana, Cynthia Grant Bowman

Cornell International Law Journal

In this Article, I am concerned not so much with a definition of transnational feminism as with how it is accomplished. In particular, I am interested in the specific ways in which legal scholars and activists in the United States and Africa concerned with intimate partner violence (“IPV”) in Africa have interacted, influenced one another, and worked together to try to effect remedies for this substantial problem. In other words, I focus on how transnational feminism is done. I examine the development of thinking about IPV in Ghana as a case study. My argument is that the current state of …

A (Feminist) Farewell To Arms: The Impact Of The Peace Process With The Farc– Ep On Colombian Feminism, Lina M. CéSpedes-BáEz

Cornell International Law Journal

The strategic deployment of international law played a key role in introducing a gender-based reading of the Colombian internal armed conflict. During the early 2000s, domestic women’s rights NGOs appropriated the language of this body of law to demonstrate that the conflict not only was imposing a heavy toll on women, but also that it was impacting them differentially and disproportionately. To do so, they outlined a narrative using the terminology of international human rights, humanitarian, and criminal law to frame particular wrongs women were enduring as gender-based violence. Following the lines of the international discourse on conflict and women, …

Migrating Marriage Equality Without Feminism: Obergefell V. Hodges And The Legalization Of Same-Sex Marriage In Taiwan, Chao-Ju Chen

Cornell International Law Journal

In 2017, Taiwan’s Constitutional Court issued a decision ruling the same-sex marriage ban unconstitutional. Celebrated as a victory for marriage equality readying Taiwan to become “the first in Asia” to legalize same-sex marriage, the decision’s reasoning demonstrated a remarkable resemblance to Obergefell v. Hodges in that they both embrace formal equality, endorse marital supremacy, and render feminist critique of marriage irrelevant or insignificant. Through an investigation of social movement dynamics and constitutional politics, this Article explores the hidden histories of marriage equality and the rise of marital supremacy, revealing how marriage equality has served as a site of contestation where …

The Feminist Expansion Of The Prohibition Of Torture: Towards A Post-Liberal International Human Rights Law?, Natalie R. Davidson

Cornell International Law Journal

International human rights law (IHRL), discourse, and activism have been the subject of well-known critiques. Two categories of critique are closely linked to the liberal ideology underlying the human rights project, and limit the project’s ability to further profound change. The “critique of justification” exposes the field’s formalist argumentative practices, which struggle to justify proposed normative solutions. The “critique of representation” highlights the narrow ways in which injustice and violence are portrayed, denounced and addressed in international human rights discourse. These weaknesses are all the more troubling in the contemporary populist authoritarian era. Yet contrary to many critical scholars who …

Transnational Legal Feminisms: Challenges And Opportunities, Sital Kalantry

Cornell International Law Journal

Transnational legal feminism reflects the interconnection and interchange of feminist legal theories and feminist legal solutions across multiple jurisdictions. Some advocates who work across jurisdictions transpose feminist ideas and framings developed in one country to another country often without reflection. Often women’s rights advocates and scholars draw from feminist ideas, theories, and legal solutions developed in different temporal, historical, and social, and other contexts. There are number of opportunities this interchange creates but also a number of challenges. Feminists in the transnational world should recognize that practices can (but do not always) vary in meaning across different global contexts. Transnational …

Feminist Approaches To The Regulation Of Sex Work: Patterns In Transnational Governance Feminist Law Making, Hila Shamir

Cornell International Law Journal

Worldwide, through the effective spread of feminist ideas and modes of governance (Governance Feminism), two main feminist regulatory approaches to sex work/prostitution became widely accepted: neo-abolitionism and regulation and decriminalization. This Article argues that in reality both feminist approaches are characterized by inherent flaws in their implementation that end up causing distinct harms to the most vulnerable sex workers. As a possible alternative to both of these regulatory approaches, this Article uses an Israeli case study to propose a hybrid approach to the regulation of sex work. This approach consists of a formally declared abolitionist goal with wide informal characteristics …

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review (2017-Present)

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …

Disrupting The Androcentric Prison System, Amber Hanke

Audre Lorde Prize

No abstract provided.

The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland

Cardozo International & Comparative Law Review

No abstract provided.

Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers

Vanderbilt Law School Faculty Publications

Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that …

Straight Actors In Lgbt Roles: Creative Casting Or Employment Discrimination?, Erica Ruff

Cardozo Journal of Equal Rights & Social Justice

The note examines the trend of casting straight actors in LGBT roles, termed "gay face," and explores its implications as a form of employment discrimination. It argues that this practice limits opportunities for LGBT actors and discusses the legal challenges in addressing this issue under Title VII of the Civil Rights Act of 1964, which does not explicitly cover sexual orientation. The note highlights the tension between anti-discrimination laws and First Amendment protections for artistic expression, noting that courts often favor the latter.

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

Sex Segregation In Sports As A Public Health Issue, Nancy Leong, Emily Bartlett

Cardozo Law Review

This Article contributes to the growing debate about the merits of sex segregation in sports by approaching sex segregation in sports as a public health issue. Participation in sports has profound consequences for women's health. Engagement in athletics affects physical fitness, disease prevention, self-esteem, mental wellness, eating disorders, and many other health-related issues.

Sex segregation in sports reduces women's participation in sports and changes the nature of the sports in which women participate. Both of these issues have implications for the myriad health issues we discuss. The Article argues that analysis under the Equal Protection Clause of governmentally-imposed sex segregation …

But, Men And Women Are Equally Compensated, Right? An Examination Of Why An Equal Rights Amendment In New York's Constitution Will End The Wage Gap, Amanda B. Slutsky

Journal of Civil Rights and Economic Development

(Excerpt)

This Note proposes an ERA for New York’s constitution to end the wage gap between men and women, and uses language from H.J. Res 52 and S.B. No. 1919. To demonstrate why New York needs the amendment, this Note will discuss Maryland’s and California’s ERAs and equal pay laws to establish the benefits of an ERA and how both ERAs and equal pay laws, together, help shrink the wage gap in those states. With an ERA, New York’s courts will analyze sex-based discrimination claims with strict scrutiny, which provides heightened protection because women will be considered a suspect class. …

"All The Women Are White, All The Blacks Are Men, But Some Of Us Are Brave", R.A. Lenhardt, Kimani Paul-Emile

Fordham Law Review Online

In 1982, African American feminists, writers, and educators Gloria T. Hull, Patricia Bell Scott, and Barbara Smith co-edited a foundational volume of essays designed to map a program for African American women’s studies and research on issues ranging from racial bias and sexism, to homophobia entitled: “All the Women Are White, All the Blacks are Men, But Some of Us Are Brave.” We reflected on that volume when we accepted the Fordham Law Review’s invitation to take part in its Online symposium honoring 100 years of women at Fordham Law School.

Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill

Fordham Law Review Online

Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest, and incarceration rates …