Law and Gender Commons^™

Pride And Predators, Heidi S. Bond

Michigan Law Review

A Review of Pride and Prejudice. by Jane Austen

A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin

Michigan Law Review

A Review of Incidents in the Life of a Slave Girl. by Harriet A. Jacobs, and They Were Her Property: White Women as Slave Owners in the American South. by Stephanie E. Jones-Rogers.

Pregnancy And The Carceral State, Khiara M. Bridges

Michigan Law Review

A Review of Policing the Womb: Invisible Women and the Criminalization of Motherhood. by Michele Goodwin.

Policing Pregnancy Loss: Misuse Of Abuse Of A Corpse Laws, Monica Siwiec

Cardozo International & Comparative Law Review

The note examines the misuse of abuse of a corpse laws to criminalize pregnant persons for pregnancy loss, arguing that such prosecutions violate constitutional principles, including the void-for-vagueness doctrine and equal protection. These laws, originally designed to regulate corpse desecration and mistreatment, are increasingly being applied in ways that disproportionately target marginalized groups, particularly women of color. The analysis highlights how the broad and vague language of these statutes enables arbitrary enforcement, undermining legal clarity and perpetuating reproductive injustice.

Changing The Way We See Modern Policing: Abolition Or Reform, Kathryn Miller, Marbré Stahly-Butts, Mecole Jordan-Mcbride, Kate Levine, Benjamin Tucker, Kumar Rao

Cardozo Journal of Equal Rights & Social Justice

The symposium examines the historical and systemic roots of mass incarceration in the United States, tracing its origins to the 13th Amendment, Black Codes, convict leasing, and the war on drugs. It critiques the prison industrial complex as a system of oppression rooted in racism, capitalism, and heteropatriarchy, and advocates for transformative reforms to dismantle policing and incarceration. The analysis emphasizes the need to move beyond superficial reforms and instead adopt abolitionist approaches that address the root causes of systemic violence and inequality.

Perceptions Of Bystander Intervention: Surveying Students’ Relationship To Sexual Misconduct, Emma G. Padrick

Student Publications

Bystander intervention education programs have become increasingly popular as a tool for the primary prevention of sexual violence at institutions of higher education (IHEs). Emerging research surrounding bystander intervention on college campuses reveals promising results, yet there is limited extant research exploring how students perceive bystander intervention as a tool to protect themselves and their peers. Students over the age of 18 at a small, private, liberal arts IHE in the mid-Atlantic region of the United States with approximately 2,600 students were surveyed to assess knowledge, attitudes, and behaviors related to bystander intervention. Students demonstrated a willingness to intervene and …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron

St. Mary's Law Journal

Abstract forthcoming.

Protecting The Children Of Indian Country: A Call To Expand Tribal Court Jurisdiction And Devote More Funding To Indian Child Safety, Adam Crepelle

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal framework governing Indian country, particularly the Supreme Court's decision in *Oliphant v. Suquamish Indian Tribe*, has failed to protect Indian women and children from violence, perpetuating a crisis of sexual assault, child abuse, and murder. It contends that affirming tribal sovereignty and expanding tribal jurisdiction over non-Indians are essential to addressing these issues and ensuring the safety and well-being of Indian children.

Breaking The Judicial Glass Ceiling: The Appointment Of Women To High Courts Worldwide, Maria C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, Miki Caul Kittilson

Department of Political Science: Faculty Publications

The salience of judicial institutions in democratic and nondemocratic countries has increased, making it important to have women on these powerful and visible decision-making bodies. Yet, women have only recently gained entrance to peak judicial bodies including constitutional and supreme courts. The appointment of the first woman to a high court is a historic landmark, breaking traditional ideas of who can and should be on the court. Using a global, longitudinal data set we show that certain explanatory factors matter differently in wealthy, stable democracies and in developing countries. The method of selecting high court justices exerts influence in wealthy, …

Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen

BYU Law Review

No abstract provided.

Close Encounters: Mass Incarceration Tactics, Kevin L. Jones

The Journal of Faith, Education, and Community

As a Black man living in America, my Christian faith walk began at an early age. Growing up in a suburban environment, I had several encounters with law enforcement that shaped my belief system. These encounters were and still are a stark reminder that Black boys and men are under attack. Policing negatively impacts Black boys and men when compared to other races of people. I realized that I was in their cross hairs and I was almost consumed by the criminal justice system on many occasions. Through the lens of Critical Race Theory, this work focused on the centrality …

Voluntary Homosexuality: Permission Versus Condemnation, Abdulellah Mohammed Alnawayseh

UAEU Law Journal

This research deals with homosexuality from a religious and legislative perspective. To that end, this research divided the aforementioned subject into four sections. The first section examines the concept of homosexuality with respect to its definition, types, reasons and history. Chapter two discusses religions’ attitude towards homosexuality. Chapter three presents homosexuality from a legislative point of view. Finally, chapter four sheds light on the legislative organization of homosexuality in cases of civil partnerships, same sex marriages, and prohibition of discrimination on the bases of sexual orientation. The research ends with a conclusion that sums up its most important results and …

Voluntary Homosexuality: Permission Versus Condemnation, Abdulellah Mohammed Alnawayseh

UAEU Law Journal

This research deals with homosexuality from a religious and legislative perspective. To that end, this research divided the aforementioned subject into four sections. The first section examines the concept of homosexuality with respect to its definition, types, reasons and history. Chapter two discusses religions’ attitude towards homosexuality. Chapter three presents homosexuality from a legislative point of view. Finally, chapter four sheds light on the legislative organization of homosexuality in cases of civil partnerships, same sex marriages, and prohibition of discrimination on the bases of sexual orientation. The research ends with a conclusion that sums up its most important results and …

Discretion And Disparity In Federal Detention, Stephanie Holmes Didwania

Northwestern University Law Review

The uniquely American phenomenon of mass incarceration plagues the pretrial space. People awaiting trial make up roughly 20% of those held in criminal custody in the United States. Largely overlooked by bail-reform advocates, pretrial detention in the federal criminal system presents a puzzle. The federal system detains defendants at a much higher rate than the states—more than 60% of U.S. citizen-defendants were detained pending trial by federal courts last year. But federal defendants virtually never fail to appear in court, and they are rarely arrested for new crimes while on pretrial release. And unlike state court systems, cash bail is …

Law School News: Rwu Law Alumnae Will Address Ginsburg Legacy, Workplace Gender Equity 03-11-2021, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Pornography: Social, Emotional And Mental Implications Among Adolescents, William Kelly Canady

National Youth Advocacy & Resilience Conference

This presentation will explain the historical development of pornography. It will highlight four segments: 1- Porn’s impact on brain development of reward pathways, ultimately increasing the appetite for more porn. 2- Porn can be a false substitute for real intimacy, resulting in decreased sexual satisfaction with a real person and increased verbal and physical aggression. 3- Porn promotes sex trafficking, promotes multiple sex partners and reduced STD prevention. 4- A review of interventions available to assist clients in navigating a lifestyle away from pornography.

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Criminalization Is Not The Only Way: Guatemala’S Law Against Femicide And Other Forms Of Violence Against Women And The Rates Of Femicide In Guatemala, Sydney Bay

Washington International Law Journal

Femicide in Guatemala has not decreased over the past twelve years, despite government efforts to curb the practice. In 2008, Guatemala passed the Law Against Femicide and Other Forms of Violence Against Women, which defined and criminalized femicide. The Law also created regulatory agencies and courts focused on stopping femicide and other forms of violence against women in the country, including physical, sexual, emotional, and economic violence. But because the government lacks resources and it has received resistance from the agencies’ local levels, femicide and the violence against women has not diminished. Additionally, recent Supreme Court cases have weakened aspects …

Sexual Orientation And Gender Identity Discrimination Claims Under The Fair Housing Act After Bostock V. Clayton County, Rigel C. Oliveri

Faculty Publications

On June 15, 2020, the Supreme Court handed down a landmark decision in Bostock v. Clayton County, Georgia, ruling by a vote of 6-3 that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from discrimination. The majority held that the statute's prohibition against discrimination in employment "because of ... sex" necessarily applies to discrimination based on sexual orientation and transgender identity.

This decision will undoubtedly have ramifications reaching beyond the employment context because many other federal statutes contain language similar to that in Title VII. In particular, the federal Fair Housing Act (FHA), …

Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii

Articles

Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law review articles to probe the nature of legal knowledge co-production and de facto peer review in the legal literature. Using a survey and a textual analysis of about thirty thousand law review articles from 2008 to 2017, we examined the nature of knowledge …

Era Project Faq On The District Court's Decision In Virginia V. Ferriero, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

The states that brought the lawsuit do not have standing. This means that the states that brought the lawsuit were not injured by the fact that the Archivist refused to publish the amendment. Their argument is that the Archivist’s refusal to publish the Amendment undermined their sovereign power to ratify a change to the Constitution.

Faq On The Current Status Of The Equal Rights Amendment To The U.S. Constitution, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

Several measures have been introduced into the U.S. Congress this session that relate to the Equal Rights Amendment (ERA). One is a resolution that would lift the deadline for ratification of the ERA that was passed by Congress in 1972, and the other is a new ERA that would begin a new process of amending the Constitution to add explicit protections for sex equality. This FAQ is designed to explain what each of these measures would do and the legal complexities that surround them.

Columbia Law School Era Project Faq On Legal Issues Surrounding Final Ratification Of The Equal Rights Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

New York, New York – On March 17, 2021, the House of Representatives has scheduled a vote on House Joint Resolution 17, a measure that would remove any deadline for ratification of the Equal Rights Amendment (ERA) and, as a consequence, would make the ERA finalized and valid at the moment when it has been ratified by 3/4 of the state legislatures. There are many complex legal issues surrounding the finalization of the ERA, and Columbia Law School’s Equal Rights Amendment (ERA) Project has prepared a FAQ that explains the history of ERA ratification, what HJR 17 will do, and …

Columbia Law School Era Project Statement On Virginia V. Ferriero, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

New York, New York – Columbia Law School’s Equal Rights Amendment (ERA) Project issued the following comment on the decision issued by federal judge Rudolph Contreras in Virginia v. Ferriero, a lawsuit brought to force the Archivist of the United States to finally publish the Equal Rights Amendment.

Pornography, Its Harms, And A New Legal Strategy: Research And Experience In Japan, Seiya Morita, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

In this article we describe pornography’s harms in Japan, which are known about from surveys and research, and from the outreach and consulting activities of Japanese feminist-abolitionist groups. Among these are the Anti-Pornography and Prostitution Research Group (APP) and People Against Pornography and Sexual Violence (PAPS). We then propose a renewed classification scheme for pornography’s harms that centrally considers the experiences of victims in Japan. Lastly, we consider various legal approaches to addressing the myriad harms we describe and suggest possibilities for a new legal strategy. The article’s research comes from Japanese-language materials produced by the above-mentioned activist groups, as …

What Telling Of A Survivor's Story Will Finally Force A Remedy? Notes On A Silencing By Lacy Crawford And Is Rape A Crime? A Memoir, An Investigation, And A Manifesto By Michelle Bowdler, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Prostitution Decriminalization Campaigns In The United States: Libertarianism Or A "Decent Society", Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

Recently, legislative campaigns to totally decriminalize the sex trade industry in a handful of U.S. states and the District of Columbia failed, but a look at campaign supporters and their arguments demonstrates that libertarian principles are mainly guiding their efforts. This article explores how libertarianism principles, when applied to the sex trade, could bring about severe and lasting harm to others, including sellers of sex, potential victims of sex trafficking to meet the new demand, and the general community. Philosophic principles of liberty have been incorporated by courts, which find that liberty is never absolute and requires a balancing test …

Direct And Structural Violence Against Transgender Populations: A Comparative Legal Study, Brian Kritz

Florida Journal of International Law

This Article is a comparative study exploring how the law impacts Transgender rights and Transgender access to justice. In countries where the law is hostile to Transgender rights, such law perpetuates structural violence, promotes discrimination and persecution, causing direct violence against Transgender populations. In countries where the law is more progressive, an interesting phenomenon exists. In these countries, where Transgender lives can be more openly lived, Trans-violence rates are noticeably higher than in countries where Transgender rights are restricted. This scholarship was developed with an eye towards reforming the law in countries with problematic legal structures and continuing efforts to …