Law and Gender Commons^™

Gender Equity In The 21st Century: Keynote Address, Chai Feldblum

Richmond Public Interest Law Review

You have heard a lot this morning about the need in 1964 for Congress to enact prohibitions against discrimination on the basis of race, national origin and religion. I am going to use my time, therefore, to talk about gender equity: the addition of the sex discrimination prohibition in Title VII, the advances that have occurred since passage of that law, and the miles that we still have to go to achieve full gender equity.

Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon

Cardozo Journal of International and Comparative Law

The note argues that while Israel has the right to control migration from Africa, its current legal framework for handling refugees and asylum seekers is inadequate and often unconstitutional. It calls for legislative reforms to ensure a just and systematic approach that balances national security with human rights, emphasizing the need for international cooperation to share the refugee burden.

Ambiguous-Purpose Statements Of Children And Other Victims Of Abuse Under The Confrontation Clause, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The author examines in this paper two kinds of ambiguous-purpose out-of-court statements that are especially problematic under current Confrontation law--problematic in ways that we hope will be solved directly or indirectly by the Supreme Court when it renders its decision in Ohio v. Clark. The statements he examines are:

(1) Statements made by abused children concerning their abuse, for example to police, physicians, teachers, welfare workers, baby sitters, or family members, some of whom may be under a legal duty to report suspected abuse to legal authorities. At least some of these statements will be directly addressed by the …

Blind Spot: The Inadequacy Of Neutral Partisanship, Melissa Mortazavi

Faculty Articles

No abstract provided.

Shifting Our Focus From Retribution To Social Justice: An Alternative Vision For The Treatment Of Pregnant Women Who Harm Their Fetuses, April L. Cherry

Journal of Law and Health

The ways in which society responds to pregnant women whose behavior purportedly harms their fetuses can be explored from a variety of legal vantage points. This article argues that the criminal law model currently used is ineffective. The assignment of criminal liability to pregnant women is often rooted in fetal personhood and maternal deviance discourse. Criminal law solutions fail because they fail to take into account the fact that maternal behavior is often the result of a myriad of the social and economic conditions over which pregnant women have little or no control. The criminal law model, therefore, simply punishes …

Anti-Rape Culture, Aya Gruber

Publications

No abstract provided.

Outing Privacy, Scott Skinner-Thompson

Publications

The government regularly outs information concerning people's sexuality, gender identity, and HIV status. Notwithstanding the implications of such outings, the Supreme Court has yet to resolve whether the Constitution contains a right to informational privacy - a right to limit the government's ability to collect and disseminate personal information.

This Article probes informational privacy theory and jurisprudence to better understand the judiciary's reluctance to fully embrace a constitutional right to informational privacy. The Article argues that while existing scholarly theories of informational privacy encourage us to broadly imagine the right and its possibilities, often focusing on informational privacy's ability to …

The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart

Publications

No abstract provided.

Professional Women Silenced By Men-Made Norms, Maritza I. Reyes

Journal Publications

The call of this symposium was for articles regarding women's rights and the movement toward equality. We are still wrestling with what equality should mean. In this Article, when I refer to equality I envision it as both a strategy and as the end goal. Equality as a strategy means assessing the inherent inequalities of particular situations and using the means necessary to remedy the inequalities and achieve equality as the end goal. The end goal is for women (with all our complexities and intersectionalities) to achieve the same rights and results as men (with all their complexities and intersectionalities) …

Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit

Faculty Works

No abstract provided.

Gender Equity In The 21st Century: Keynote Address, Chai Feldblum

Richmond Journal of Law and the Public Interest

You have heard a lot this morning about the need in 1964 for Congress to enact prohibitions against discrimination on the basis of race, national origin and religion. I am going to use my time, therefore, to talk about gender equity: the addition of the sex discrimination prohibition in Title VII, the advances that have occurred since passage of that law, and the miles that we still have to go to achieve full gender equity.

A Wander, Sebastian Milla

UC Law SF Journal on Gender and Justice

No abstract provided.

No Freedom In A Ship Of Fools: A Democratic Justification For The Common Core State Standards And Federal Involvement In K-12 Education, Neelam Takhar

UC Law SF Journal on Gender and Justice

One of the most important functions of the government is the provision of a free public education. While Brown v. Board of Education removed one obvious barrier to equal education opportunities—that of racially segregated education—it left in place another: the obstacle faced by poor school districts that wish to provide an education to their students on equal terms with the education offered by wealthier school districts. The disparities in the quality of education between districts and states are becoming more and more obvious as a growing obstacle to equity. The new Common Core State Standards, which are a single set …

Grounding Access To Justice Theory And Practice In The Experiences Of Women Abused By Their Intimate Partners, Janet Mosher

Articles & Book Chapters

For women seeking to extricate themselves from the web of entrapment woven together by the multiple threads that make up the coercive control repertoire of their abusive intimate partners, it is often difficult to avoid engagement with legal systems. Yet, the legal systems they encounter—criminal, family, child welfare, immigration among them—are frequently unwelcoming (if not hostile), controlling, demeaning, fragmented and contradictory. While there has been a recent explosion of interest in “access to justice,” little attention has been paid to how we might conceptualize access to justice in a manner that speaks meaningfully to the circumstances of women who experience …

Amplifying Abuse: The Fusion Of Cyberharassment And Discrimination, Ari Ezra Waldman

Articles & Chapters

Cyberharassment devastates its victims. Anxiety, panic attacks, and fear are common effects; post-traumatic stress disorder, anorexia and bulimia, and clinical depression are common diagnoses. Targets of online hate and abuse have gone into hiding, changed schools, and quit jobs to prevent further abuse. Some lives are devastated in adolescence and are never able to recover. Some lives come to tragic, premature ends. Danielle Keats Citron not only teases out these effects in her masterful work, Hate Crimes in Cyberspace; she also makes the profound conclusion that these personal effects are part of a larger social cancer that breeds sexism, subjugation, …

Reconstruction After Genocide: An Analysis Of The Justice System For The Women Victims Of Genocidal Rape In Post-Conflict Bosnia, Hannah E. Gardenswartz

Scripps Senior Theses

In the conflict in Bosnia-Herzegovina, one of the critical elements of the ethnic cleansing regimes was rape and impregnation of women. When the international justice system was created to criminally try the perpetrators of the atrocities, including the rape victims was a new development. Looking at the tribunals and court system from a gendered perspective reveals that the efforts to include rape victims have not taken into account their specific needs, stemming from their trauma. A critical look the ICTY and other criminal courts are presented, as well as recommendations for improving inclusivity and reconciliation.

Does Patriarchy Still Exist? An Examination Of Equal Employment Opportunities In The United States, Winnie You

Scripps Senior Theses

Since the 1970s, major changes in reproductive freedom, education, and the passage of equal employment laws have impacted women’s experience in the workplace. My thesis is a US-based study that examines the progress of women’s equal employment opportunities from the 1970s to today. Chapter 1 provides the context of discrimination in the 1970s. Chapter 2 provides detailed literature reviews on reproductive freedom and education separately. Section 2.1 shows the relationship between reproductive freedom and increased labor force participation. Section 2.2 finds that higher levels of education encourage women to seek employment in traditionally male-dominant positions. Section 2.3 adds alternative explanations …

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr

Faculty Publications

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First, our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision-making, but adding women has …

Testing Sex, Rachel Rebouché

University of Richmond Law Review

No abstract provided.

The Mediation Witches, Eric R. Galton

Cardozo Journal of Conflict Resolution

At first, the relationship probably seemed like a good idea. The law, bellicose, arrogant, and generally unloved, needed a kinder, gentler, more humanistic side. Mediation, the lah-di-dah flower child of peace rallies and community centers, needed a more serious and credible business angle if it was to continue its gettingpeople-together endeavors.

How To Conduct Effective Telephone And E-Mail Negotiations, Charles B. Craver

Cardozo Journal of Conflict Resolution

In this article, we will explore the ways in which negotiators use telephone and e-mail exchanges to consummate deals. Which factors should they consider when they talk on the telephone? What issues do cell phones raise that are not associated with traditional landlines? How do e-mail interactions differ from in-person and telephonic dealings? What can individuals do to optimize their use of these bargaining channels?

Expectant Fathers, Abortion, And Embryos, Dara Purvis

Faculty Scholarship

One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.

Particularized Social Groups And Categorical Imperatives In Refugee Law: State Failures To Recognize Gender And The Legal Reception Of Gender Persecution Claims In Canada, The United Kingdom, And The United States, Melanie Randall

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Religion And Marriage Equality Statutes, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Title Ix-A New Frontier For The Rights Of Transgender Youth? The Demand For Federal Regulations Clarifying The Act's Applicability, Elias Shebar

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Myth Of Obsolete Obscenity, Jennifer M. Kinsley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

State’S Highest Bench Approves Reduced Charges For Hiv Transmission, Arthur S. Leonard

Other Publications

No abstract provided.

Examining The Websites Of Canada’S ‘Top Sex Crime Lawyers’: The Ethical Parameters Of Online Commercial Expression By The Criminal Defence Bar, Elaine Craig

Articles, Book Chapters, & Popular Press

Online advertising has become a primary source of information about legal services. This trend towards web-based marketing of legal services poses new challenges to the regulation of the legal profession. Challenges which, to date, have not been fully met. It also creates a new source of data for researchers studying aspects of the legal profession such as legal ethics, lawyers’ perspectives and strategies, and legal discourse. The objective of this study is to examine the most prominent websites in Canada that advertise legal representation for individuals accused of sexual offences. The study of these websites yielded two types of observations …

Why Feminism Matters To The Study Of Law, Kim Brooks

Articles, Book Chapters, & Popular Press

Queen’s Law Faculty is home to Feminist Legal Studies Queen’s, a research group that expands awareness and development of scholarship in feminist legal studies, enables the development of feminist legal scholars at Queen's, and fosters connections among feminists with an interest in law. In Fall 2014, I had the privilege of returning to Queen’s Law to give the first seminar in FLSQ’s 2014-2015 lecture series. I was tasked with providing some reflections on why feminist legal theory matters. What follows is the text from the talk.