Law and Gender Commons^™

The Equal Rights Amendment Revisited, Bridget L. Murphy

Notre Dame Law Review

This Note proceeds in three Parts. Part One chronicles the history of the Equal Rights Amendment, from the original attempt at passage through the various reiterations thereafter. Part Two describes the legal background, including constitutional and legislative protection against discrimination on the basis of sex. Part Three of this Note then demonstrates that a faithful understanding of the existing constitutional and legislative protections reveals inherent weaknesses. Specifically, the original understanding of the Fourteenth Amendment did not contemplate protection from sex-based discrimination, and the word “sex” as a prohibited basis for discrimination in Title VII was added as a last-minute attempt …

Mass Atrocities And Their Prevention, Charles H. Anderton, Jurgen Brauer

Economics Department Working Papers

Counting conservatively, and ignoring physical injuries and mental trauma, data show about 100 million mass atrocity-related deaths since 1900. Occurring in war and in peacetime, and of enormous scale, severity, and brutality, they are geographically widespread, occur with surprising frequency, and can be long-lasting in their adverse effects on economic and human development, wellbeing, and wealth. As such, they are a major economic concern. This article synthesizes very diverse and widely dispersed theoretical and empirical literatures, addressing two gaps: a “mass atrocities gap” in the economics literature and an “economics gap” in mass atrocities scholarship. Our goals are, first, for …

Barbie In Bondage: What Orly Lobel’S Book “You Don’T Own Me: How Mattel V. Mga Entertainment Exposed Barbie’S Dark Side” Tells Us About The Commoditization Of The Female Body, Ann Bartow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder

Articles

No abstract provided.

Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown

American University International Law Review

No abstract provided.

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard

Michigan Journal of Gender & Law

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …

Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho

American University International Law Review

No abstract provided.

Volume 8: Gender, Governance And Islam, Deniz Kandiyoti, Nadje Al-Ali, Kathryn Spellman Poots

Exploring Muslim Contexts

Analyses the links between gender and governance in contemporary Muslim majority countries and diaspora contexts.

Following a period of rapid political change, both globally and in relation to the Middle East and South Asia, this collection sets new terms of reference for an analysis of the intersections between global, state, non-state and popular actors and their contradictory effects on the politics of gender.

The volume charts the shifts in academic discourse and global development practice that shape our understanding of gender both as an object of policy and as a terrain for activism. Nine individual case studies systematically explore how …

Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham

Scholarly Works

This brief symposium essay offers a broad-stroke sketch of the history of conversion therapy, its current status as a locus of regulation, and some preliminary questions about the direction the law might take to protect individuals who elect or are forcibly subjected to the practice.

The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Thirty-five states impose a sales tax on menstrual hygiene products, while products like spermicidal condoms and erectile dysfunction medications are tax-free. This sales tax--commonly called the “tampon tax”--represents an expense that girls and women must bear on top of the cost of biologically necessary items that they need in order to attend school, work, and otherwise participate in public life. This article explores the constitutionality of the tampon tax and argues that it is an impermissible form of gender discrimination under the Equal Protection Clause. First, menstrual hygiene products are a unique proxy for female sex, and therefore any disadvantageous …

Violencia De Género, Internet Y El Derecho A La Libertad De Expresón: Un Nuevo Desafío Para El Derecho Internacional De Los Derechos Humanos, Andrea Pietrafesa

American University International Law Review

No abstract provided.

Getting To Equal: Resolving The Judicial Impasse On The Weight Of Non-Monetary Contribution In Kenya's Marital Asset Division, Benedeta Prudence Mutiso

Michigan Journal of Gender & Law

Marital property law reforms and changing international human rights standards in the late 20th and early 21st century prompted Kenya to end certain discriminatory practices against women, especially in the area of property rights. For 50 years, Kenya relied on England’s century-old law, the Married Women’s Property Act of 1882, to regulate property rights. In 2010, Kenya adopted a new Constitution that called for equality between men and women, and in 2013, Kenya enacted independent legislation in the form of the Matrimonial Property Act (MPA). The MPA provides a basis for trial courts to divide marital property upon divorce. Specifically, …

I Now Pronoun-Ce You: A Proposal For Pronoun Protections For Transgender People, Erin E. Clawson

Penn State Law Review (2003 - Present)

Title VII of the Civil Rights Act protects employees from discrimination “because of sex,” which the Supreme Court found includes gender and sex/gender stereotyping. The circuit courts, however, are split on whether discrimination against transgender people is “because of sex.” In the circuits that extend Title VII’s protection to transgender people, the courts differ as to whether a claim must be based on sex stereotyping or based on a person’s status as transgender or transitioning alone. This issue was recently granted certiorari by the Supreme Court.

Not only do the circuit courts conflict but government agencies disagree on this matter …

Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay

Articles

No abstract provided.

Semenya And Asa V Iaaf: Affirming The Lawfulness Of A Sex-Based Eligibility Rule For The Women’S Category In Elite Sport, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

Board Diversity By Term Limits?, Darren Rosenblum, Yaron Nili

Faculty Scholarship

Four-fifths of the corporate board seats in the United States are held by men and a shocking number of companies lack any female representation on their boards. While institutional investors have pushed these companies for change, California took a more aggressive step and followed several European countries by mandating a quota for board representation. Heated argument has ensued over what diversity we should prioritize and what mechanisms should be used to promote diversity. Yet could these challenges be avoided altogether through the use of term limits?

This Article is the first academic inquiry exploring the connection between term limits and …

Women Are (Allegedly) People, Too, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

Adding Insult To Injury: The Unconscionability Of Alimony Payments From Domestic Violence Survivors To Their Abusers, Amanda Nannarone

American University Law Review

No abstract provided.

Johnny Appleseed: Citizenship Transmission Laws And A White Heteropatriarchal Property Right In Philandering, Sexual Exploitation, And Rape (The Whp) Or Johnny And The Whp, Blanche Cook

Law Faculty Scholarly Articles

Title 8, United States Code, Section 1409-one of this country's

citizenship transmission laws-creates a white heteropatriarchal property right

in philandering, sexual exploitation, and rape (the "WHP"). Section 1409

governs the transmission of citizenship from United States citizens to their

children, where the child is born abroad, outside of marriage, and one parent is a

citizen and the other is not. Section 1409, however, draws a distinct gender

distinction between women and men: An unwed female American citizen who

births a child outside the United States, fathered by a foreign man, automatically

transmits citizenship to her child. An unwed male American …

Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn

Journal Articles

No abstract provided.

Youth Suffrage: In Support Of The Second Wave, Mae Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens

Journal Articles

The 100th anniversary of the 19th Amendment to the United States Constitution is an appropriate moment to reflect on the history—and consider the future—of the right to vote in the United States. High school and college classes teach the nation’s suffrage story as integral to our identity, focusing on the enfranchisement of women under the 19th Amendment and African Americans pursuant to the 15th Amendment.1 Constitutional law courses also present the 15th Amendment as foundational knowledge for the legal profession.2 Critical legal theory and women’s legal history texts frequently cover the 19th Amendment as central to understanding the first wave …

Abortion Talk, Clare Huntington

Michigan Law Review

Review of Carol Sanger's About Abortion: Terminating Pregnancy in Twenty-First-Century America.

Too Much Talk, Too Little Action: The Corporate Side Of Gender Diversity In Governance, Douglas M. Branson

UC Law SF Journal on Gender and Justice

The tech industry accounts for twenty-one percent of our gross national product. Yet, tech is the most backward of major U.S. industries when it comes to promoting women to leadership positions or positioning them for future ascension into executive positions. Even lower down in the ranks, the number of women tech companies employ has declined from thirtyseven percent of employees in 1995 to twenty-four percent today (2016), with prognostications that the number will decline further, to twenty-two percent or lower in the next decade. As revealed in compensation tables that companies file with the Securities and Exchange Commission, women account …

Hazing In “White” Sororities: Explanations At The Organizational-Level, Gregory S. Parks, Sarah J. Spangenburg

UC Law SF Journal on Gender and Justice

Hazing has been a persistent issue in a variety of contexts, institutions, and organizations. In forty-four states, legislatures have passed anti-hazing statutes. However, the law, as a whole, has been insufficient to curtail hazing. This Article analyzes this phenomenon by looking through the lens of historically white-predominant sororities. Among the broad range of organizational dynamic, at play are the pervasive cognitive biases among members. Further, sororities face many challenges to integrating new and better information across the membership. Lastly, the Article analyzes a range of organizational dynamics that play a role in sorority members’ collective decision-making processes.

Don't Call Me Sweetheart: Why The Aba's New Rule Addressing Harrassment And Discrimination Is So Important For Women Working In The Legal Profession Today, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

This We’Ll Defend: Expanding Ucmj Article 2 Subject Matter Jurisdiction As A Response To Nonconsensual Distribution Of Illicit Photographs, Nicholas Karp

University of Michigan Journal of Law Reform

In March 2017, it was revealed that current and former armed service members shared thousands of nude photos of their female counterparts over social media. Although some of these photos were taken with the women’s consent, almost none of them were distributed with the women’s consent.

Victims have little legal recourse. Military law is silent on the matter of non-consensual distribution. Federal civilian law speaks only to interstate stalking, domestic violence, and harassment, while only thirty-four states have revenge porn laws that sufficiently criminalize nonconsensual distribution of illicit photographs. Further complicating matters, the perpetrator’s military status as active duty, reservist, …

Criminalizing The Victim: Ending Prosecution Of Human Trafficking Victims, Jessica Aycock

Criminal Law Practitioner

No abstract provided.

Views On Prostitution, Shulamit Almog, Ariel L. Bendor

UC Law SF Journal on Gender and Justice

The Essay argues that both law and art represent deeply-rooted cultural ambivalences and ethical incoherence towards prostitution. The choice of Picasso's Les Demoiselles d’Avignon as representative of this tension stems from the sui-generis status of the painting in the history of modern art—as an avant-garde which later became a canon. Of the various views evoked by the painting, four are especially prominent: a moralizing, a normalizing, a victimizing and a patheticizing view. The examination of various Western prostitution laws shows that each of the laws simultaneously expresses different perceptions and ideologies about prostitution, much like the views evoked by the …

Arizona Gamete Donor Law: A Call For Recognizing Women’S Asymmetrical Property Interest In Pre-Embryo Disposition Disputes, Melissa B. Herrera

UC Law SF Journal on Gender and Justice

In vitro fertilization (IVF) is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. Through the IVF process, couples and individuals alike can have preembryos created and cryo-preserved for later use. To those who go through the IVF process or are considering doing so, the pre-embryos represent many things, such as hope, flexibility in family planning, and the possibility of a child. It is estimated that over 5 million babies have been born through IVF worldwide, with as many as 620,000 cryo-preserved embryos in the United States alone. Typically, …

A No-Win Situation: Pregnant Mothers In Medication Assisted Therapy Programs Face Discrimination For Following Doctors Orders, Axl Campos Kaminski

UC Law SF Journal on Gender and Justice

According to new research, one in five pregnant women in the United States take some form of opioid during pregnancy, and one in twenty are addicted to opioid medications. In response, the government has increased their attempts to regulate pregnant women’s conduct in order to protect the health of unborn children. Opioid dependent mothers often find themselves subject to being reported to Child Protective Services by doctors and hospital staff for ingesting drugs while pregnant. Individuals’ in substance abuse treatment, including pregnant mothers receiving opioid replacement therapy, are protected from discrimination under the Americans with Disabilities Act. However, mothers who …