Law and Gender Commons^™

Trending @ Rwu Law: Lorraine Lalli's Post: Judge Reeves On Racial Violence, Same-Sex Marriage, 01/12/2016, Lorraine Lalli

Law School Blogs

No abstract provided.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

No abstract provided.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …

Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Student Comment: Not Really A Battle Of The Sexes: Women’S Health Agenda Advocates Global Equality In Medical Research Trials And Drug Administration, Margery R. Beltran

University of Baltimore Journal of International Law

The New Women’s Health Agenda seeks to close the discriminatory gap between men’s and women’s medical treatment around the world. Often, women’s reproductive issues are the focus of medical studies in which women are involved; however, chronic diseases are quickly becoming a high health risk for the female population around the world. This comment explores the past, present, and future of women’s global health. Throughout history, women have been prevented from participating in clinical trials for reproductive protection reasons. The problem arises after men have successfully responded to treatment because the medication is then administered to both men and women. …

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

Scholarly Articles

While the High Court in Australia has made it clear that discretion is not to be considered when determining if an applicant may avoid persecution upon returning home, there are concerns that discretion persists in the decision-making process with respect to discrediting identity claims. In addition, the Supreme Court of the United Kingdom handed down a retooled formulation of discretion, which once again created subcategories of applicants and suggested discretion is an appropriate consideration so long as it is not exercised out of a fear of persecution. This discussion will focus on a comparison of the evolution of LGBT asylum …

Perceiving Orientation: Defining Sexuality After Obergefell, Mary Ziegler

Scholarly Publications

In the aftermath of the Supreme Court’s recent decision in Obergefell v. Hodges, constitutional jurisprudence will have to more clearly define sexual orientation itself. The Obergefell majority describes sexuality as binary and suggests that any sexual orientation is immutable, normal, and constitutive of individual identity. Other scholars have shown how the kind of binary created by Obergefell excludes those with more fluid sexual identities and experiences from legal protection.

This Article illuminates new problems with Obergefell’s approach to sexuality by putting that definition in historical context. While describing sexuality as a matter of orientation may now seem inevitable, …

Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams

Faculty Articles and Other Publications

This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …

Women On State Boards And Commissions: Is Idaho Where It Wants To Be?, Brenda Bauges

Articles

No abstract provided.

Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo

Center for Business Research and Development

The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …

Beyond Airspace Safety: A Feminist Perspective On Drone Privacy Regulation, Kristen Mj Thomasen

Canadian Journal of Law and Technology

No technology emerges in a social or legal vacuum. The laws and norms guiding acceptable uses of new technologies help to shape the ways in which these technologies benefit or disadvantage different individuals and communities. Recently, the impact of drones on women’s privacy has garnered sensational attention in media and popular discussion. Media headlines splash stories from drones spying on sunbathing or naked women and girls, to drones being used to stalk women through public spaces, to drones delivering abortion pills to women who might otherwise lack access. Yet despite this popular attention, and the immense literature that has emerged …

Men, Women, And Optimal Violence, Mary Anne Franks

Articles

While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

Gender And The Structural Constitution, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Obergefell And The "New" Reproduction, Courtney Megan Cahill

Scholarly Publications

No abstract provided.

Gender And Non-Normative Sex In Sub-Saharan Africa, Johanna Bond

Michigan Journal of Gender & Law

This Article argues for the adoption of a gender-based framework to supplement rights promotion strategies and campaigns based on LGBTI identity. The Article draws upon feminist, queer, and trans theory to develop an expansive understanding of gender within international human rights law. An analysis incorporating such theory will catalyze more systematic promotion of LGBTI rights. Although the approach is applicable across a variety of geographic contexts, this Article uses sub-Saharan Africa as an illustrative case study. A focus on gender rights as supplementary to and interrelated with LGBTI rights offers both conceptual and pragmatic benefits in the struggle to promote …

The Market Myth And Pay Disparity In Legal Academia, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Do You Understand? Unsettling Interpretative Authority In Feminist Oral History, Katherine Fobear

Journal of Feminist Scholarship

This article interrogates interpretative authority in feminist oral history through a critical Indigenous lens. I argue that critical Indigenous theory provides a useful and needed understanding of participants’ agency and the active role they have in shaping the research. Feminist oral history as a methodology has a long and well-established lineage of exploring difficult questions of power in the relationship between the researcher and the participants. While many feminist oral historians have actively interrogated issues surrounding power within their own research, there are relatively few works that press beyond looking at the one-sided hierarchical relationship between the oral historian and …

Following In The European Union’S Footsteps: Why The United States Should Adopt Its Own “Right To Be Forgotten” Law For Crime Victims, 32 J. Marshall J. Info. Tech. & Privacy L. 185 (2016), Erin Cooper

UIC John Marshall Journal of Information Technology & Privacy Law

This comment aims to look at this intersection between Google search results, their lack of removal options in the United States, and the potential harm this can cause crime victims. The comment will begin by assessing Google’s method for delivering search results, and its general removal process for most non-European nations. Then, this comment will continue by looking at the European Union and its “right to be forgotten” ruling that allows people in certain circumstances to remove their personal information from the Internet, and what the United States can learn from its implementation. Moreover, we will then contrast the European …

Towards A New Theory Of Feminist Coalition: Accounting For The Heterogeneity Of Gender, Race, Class, And Sexuality Through An Exploration Of Power And Responsibility, Holly Jeanine Boux

Journal of Feminist Scholarship

This paper develops a novel theory of feminist coalition that centers and redefines the concepts of power and responsibility. After outlining several key ways in which feminist coalition work has been addressed by both theorists and practitioners, it goes on to explore how accounting for the complex experiences of identity rooted in factors such as race, class, gender, and sexuality continues to complicate the process of coalition building and theorizing. From these foundations, the article develops a theory of feminist coalition that speaks to how such a movement—or organizations within such a movement—can drive the political will for transformation and …

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

A New Heroic Figure: Female Protestors And Precarity In Puerto Rico, Guillermo Rebollo Gil

Journal of Feminist Scholarship

This paper offers a critical look on an isolated, failed incident of protest carried out by a young Puerto Rican woman and her two children. In doing so, it explores the possibilities of radical political thought and action on the island. Furthermore, by situating this event within the larger context of danger—physical, social and discursive—that women in Puerto Rico are subjected to, it seeks to question the manner in which female protestors’ vulnerability and agency challenge those on the left to formulate gender-progressive strategies for emancipation. Lastly, it is argued here that this protestor features as new type of radical …

Bodies And Contexts: An Investigation Into A Postmodern Feminist Reading Of Averroës, Reed Taylor

Journal of Feminist Scholarship

In this article, I contribute to the wider discourse of theorizing feminism in predominantly Muslim societies by analyzing the role of women’s political agency within the writings of the twelfth-century Islamic philosopher Averroës (Ibn Rushd, 1126–1198). I critically analyze Catarina Belo’s (2009) liberal feminist approach to political agency in Averroës by adopting a postmodern reading of Averroës’s commentary on Plato’s Republic. A postmodern feminist reading of Averroes’s political thought emphasizes contingencies and contextualization rather than employing a literal reading of the historical works.

From Out To In: The Opportunity And Need For Clinical Law Programs To Effectively Serve Low-Income Lgbt Individuals, Sarah Steadman

Faculty Scholarship

Although the recent legalization of same-sex marriage in the U.S. is heartening for lesbians and gays, the resulting discriminatory legislative backlash against the LGBT population shows that this community continues to be marginalized and at risk. Over two hundred anti-LGBT bills have been introduced in state legislatures since January 2016. North Carolina recently passed anti-LGBT legislation that eliminated and prohibits LGBT anti-discrimination protections, and bars transgender individuals from using gender congruent public bathrooms. One result of recent and historical discrimination is LGBT individual's newfound and pre-existing fears of encountering anti-LGBT bias when seeking legal services, even as recent developments have …

More Wounding Than Wounds: Hysterectomy, Phenomenology, And The Pain(S) Of Excorporation, Heather Hill-Vasquez

Journal of Feminist Scholarship

Focusing on the pain experience of hysterectomy, this article applies and interrogates the foundational descriptive process on which phenomenology is based and suggests that feminism and phenomenology are more compatible than previously asserted. Building upon the work of feminist philosophers who have also explored how feminist and phenomenological approaches share similar methods and intentions—especially in connection with the former’s significant attention to lived experience as a source for the theory feminism employs—the article engages with the philosophies of Maurice Merleau-Ponty and Samuel Mallin who maintain a consistent attention to the body in their phenomenological approaches. Arguing that Mallin’s method of …

Female Perceptions Of Islam In Today’S Morocco, Fatima Sadiqi

Journal of Feminist Scholarship

This paper is based on a survey, 25 interviews, and observation. According to the results so far, Islam means three things for women in today’s Morocco: faith, culture, and politics. Islam as faith is generally perceived as a personal relationship with God. Such a relationship is seen as both rewarding and empowering, but also private. Women who perceive Islam as faith observe the Islamic rituals and may or may not wear the veil. Women’s perception of Islam as faith is a rather poorly understood topic in research in a heavily space-based patriarchy, probably because of its intimate relationship with the …

“Strong Women Make Strong Nations”: Women, Literature, And Sovereignty In Paula Gunn Allen And Virginia Woolf, Kristin Czarnecki

Journal of Feminist Scholarship

This essay places Virginia Woolf’s A Room of One’s Own and Three Guineas alongside Paula Gunn Allen’s The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Reading these landmark texts together helps establish a transnational dialogue essential to twenty-first-century literary and feminist studies. A Room of One’s Own and The Sacred Hoop resonate with each other in striving to recuperate women’s history and literature, long denied or suppressed by patriarchal tenets and texts. A fruitful dialogic also emerges between Three Guineas and The Sacred Hoop, both of which argue for the eradication of patriarchy in favor of female-centric social …

Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer

Criminal Law Practitioner

No abstract provided.

Child Sexual Abuse Victims And The Confrontation Clause, Nichole Timmreck

Criminal Law Practitioner

No abstract provided.

Aftermath Of The Hobby Lobby Decision: Implications For Women In The Workforce, Hirsh Shah

AUCTUS: The Journal of Undergraduate Research and Creative Scholarship

Hobby Lobby is a chain of 640 arts and crafts stores owned by the Green family, based in Oklahoma City. This company is required to follow the Affordable Care Act (ACA), which mandates that larger employers—those with more than 50 employees—have to include coverage for the full range of preventative care, including contraceptives, in their female employees’ health insurance plans. However, the Green family holds deeply religious views and did not want to include four of the twenty contraceptives covered by the ACA, including long acting reversible contraception and emergency contraception, in their female employee coverage. The family believed that …