Law and Gender Commons^™

100 Years Of Women At Fordham: A Foreword And Reflection, Elizabeth B. Cooper

Fordham Law Review Online

As we reflect back on 100 Years of Women at Fordham Law School, we have much to celebrate. In contrast to the eight women who joined 312 men at the Law School in 1918—or 2.6 percent of the class—women have constituted approximately 50 percent of our matriculants for decades. Life for women at the Law School has come a long way in more than just numbers. For example, in 1932, the Law School recorded the first known practice of “Ladies’ Day,” a day on which some professors would call on women, who otherwise were expected to be silent in their …

Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner

Student Engagement Posters

Lara Martz and Sage Kramer-Urner discuss student engagement at Linfield College with regard to a fundraising campaign to benefit the Trans Law Center.

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …

On The Basis Of Sex(Ual Orientation Or Gender Identity): Bringing Queer Equity To School With Title Ix, Chan Tov Mcnamarah

Cornell Law Review

A transgender fourth-grader's teacher refuses to address her by her preferred name and gender. A lesbian high-school student's sexual education class does not teach her about topics relevant to her experience as a queer woman. A gay male college student's campus does not have LGBT-specific post-sexual assault care. Under aformal equality approach to Title IX, can any of these discriminations be remedied? Unfortunately not. And yet, recent victories for the LGBT community have been won on formal equality arguments-that LGBT persons should be treated the same as heterosexual, cisgender persons. In the shadow of marriage equality, the LGBT community has …

#Metoo, Statutory Rape Laws, And The Persistence Of Gender Stereotypes, Leslie Y. Garfield Tenzer

Utah Law Review

This Article illustrates how movements for increased equality between men and women can fail to meet their stated goals. Using the example of statutory rape laws, this Article explains how the legislative shift from gender-specific to gender-neutral terminology, brought on in part by feminists seeking an egalitarian society, has failed to achieve the goal of increasing equality between males and females and, in many ways, led to a return to the historical paradigm of girls as both powerless and property.

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

Marquette Law Review

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 …

Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw

Texas A&M Law Review

For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and …

Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Marriage Equality Comes To The Fourth Circuit, Carl Tobias

Washington and Lee Law Review

Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

All Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …

Tribute To Professor Deborah Waire Post, Paula C. Johnson

Journal of Race, Gender, and Ethnicity

No abstract provided.

Northeast Corridor, Phoebe Haddon

Journal of Race, Gender, and Ethnicity

No abstract provided.

On The Occasion Of Deborah Post’S Retirement, Margaret Barry

Journal of Race, Gender, and Ethnicity

No abstract provided.

Nepoc And The Northeast Corridor Collective Of Black Women Law Professors, Anita L. Allen

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …

Finding A Home In America: Cardozo Law Screening Of Refuge “Hombres Nuevos”, Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Outlaw

2018–2019 Flyers

Promotional flyer for a Cardozo School of Law screening of Hombres Nuevos, episode six of the AT&T original series REFUGE. The episode tells the story of Luis Mancheno, a former Cardozo Law instructor and immigration attorney, who fled persecution in Ecuador and now advocates for the rights of LGBTQ+ asylum seekers in the U.S. The event included a screening and a Q&A moderated by Professor Kate Shaw, and was co-hosted by the Immigration Justice Clinic and OUTLaw.

Misogyny And Lawlessness In Afghanistan: The Women's Fight For Equal Rights, Susan Farooqi, Esq

Journal of Civil Rights and Economic Development

(Excerpt)

This Note examines some important areas where Afghan women face discrimination and explores how legislation, such as a Civil Rights Act, could ensure the protection of women’s rights. Part II.A of this Note provides a historical perspective on Afghan women before the Taliban regime. Part II.B provides a brief history of the power struggle in Afghanistan that lead to the rise of the Taliban, a group solely responsible for creating the misogynistic culture in Afghan society today. Part II.C discusses five basic fundamental rights that Afghan women have been deprived of under the Taliban regime and explains that the …

Migrant Women's Rights Project Discussion Paper #1: An Iterative Learning Journey To Deconstruct “Trafficking”, Fay Faraday

Commissioned Reports, Studies and Public Policy Documents

In 2016, the Barbra Schlifer Clinic convened a consortium of organizations, front-line service providers, agencies and researchers who separately work with women and gender diverse people with precarious immigration status who are vulnerable to trafficking.

Migrant Women’s Rights Project serves women and gender diverse people whose difficulties intersect with labour migration, experience gender-based violence, and become vulnerable to trafficking. In part because of their precarious status, and fears of deportation or reprisals by former (domestic) employers, they experience extreme isolation from access to supports.

Through a combination of research, street-level outreach activities, and education/information awareness, practical supports such as counselling, …

Second Redemption, Third Reconstruction, Richard A. Primus

Articles

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of constitutional equality. So in …

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public's Health, Paul J. Mclaughlin

Library Faculty Publications

On the issue of prophylactic treatment of reproductive diseases, the sexes have historically been treated differently under medical ethics guidelines and the laws of the United States. Women have drawn the focus of medical and legal scrutiny on issues of prophylactic reproductive health. Women were often required to undergo quarantine and forced to recieve treatment for reproductive diseases considered dangerous to public health. Women are now afforded protections against involuntary prophylactic procedures to prevent diseases in reproductive organs. Specifically, women are provided access to vaccinations against the human papillomavirus at a higher rate than males despite the disease's ability to …

The First And The Only, Michele Wojciechowski

Maryland Carey Law

No abstract provided.

The Constitutional Development Of The Nineteenth Amendment In The Decade Following Ratification, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Women's Legal Rights, In Oxford Research Encyclopedia Of African History (2019), Johanna E. Bond

Books and Chapters

In the colonial and postcolonial period, African women have advocated for legal reforms that would improve the status of women across the continent. During the colonial period, European common and civil law systems greatly influenced African indigenous legal systems and further entrenched patriarchal aspects of the law. In the years since independence, women’s rights advocates have fought, with varying degrees of success, for women’s equality within the constitution, the family, the political arena, property rights, rights to inheritance, rights to be free from gender-based violence, rights to control their reproductive lives and health, rights to education, and many other aspects …

Progress Is A Chameleon, Melanie D. Wilson

Scholarly Articles

Progress is a chameleon. Its hue changes with our perspective, which is influenced by our race, gender, socio-economic status, religious affiliation, sexual orientation, age, and ancestry, among other influences. The amount of progress we perceive also varies from person to person and depends on the type of law we practice and whether we work in a small town or big city. Perhaps most importantly, how we view the rapidity of change in the legal profession — as stagnant, developing, or somewhere in between — is impacted by our unique experiences, our psychology, the length of time we have been lawyers, …

Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.

Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise

Michigan Journal of Gender & Law

As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity. This Note posits …

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health

Florida A & M University Law Review

This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …

The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody

Scholarly Articles

This Article contributes to the literature by analyzing the normative shifts within the country's institutions, both pre- and post-genocide, and observes the role of women in restructuring the institutions as a major factor in the success that Rwanda enjoys today. By prioritizing gender equality in the recreation of its legal and economic structures, Rwanda is able to leverage the talents and capabilities of its entire population, and provides a model that can be applied to a number of other countries.

Part I details the historical underpinnings of the Rwandan genocide and humanitarian crisis. Part II addresses the efforts to establish …