Law and Gender Commons^™

Carter's Groundbreaking Appointment Of Women To The Federal Bench: His Other "Human Rights" Record, Mary L. Clark

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Actionable Acts: "Severe" Conduct In Hostile Work Environment Sexual Harassment Cases, James Concannon

Buffalo Journal of Gender, Law & Social Policy

This paper examines the significant weight that courts accord proof of especially "severe" conduct in hostile work environment sexual harassment cases. Such conduct is often found by courts to satisfy the "severe or pervasive" test established by the Supreme Court in Harris v. Forklift Systems, Inc., even if the plaintiff does not present proof that the harassing conduct occurred with great frequency.' Part I provides an introduction to the Supreme Court's hostile work environment jurisprudence and the origins of the severe or pervasive test. Part II begins the exploration into the disjunctive nature of the severe or pervasive test. …

Sext Me L8ter: The Legal Conundrum Of Sexting In Schools And A Plan For Schools To Stop It, Bethany L. Arliss

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Sugar Dating: A New Take On An Old Issue, Alex Miller

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur

Buffalo Human Rights Law Review

This article explores the contours of development policies as they have been applied to pluralistic legal systems, with a specific focus on their effects on women in post-conflict African countries. Drawing on research that firmly establishes the importance of women's social, economic and political participation in post-conflict development, it identifies the flaws in gender-neutral land titling initiatives introduced and encouraged by development institutions. It then describes the gender-sensitive laws enacted as a response to continuing gender discriminatory practices in Rwanda, Mozambique and Uganda. While taking into account the existence of customary law, these laws explicitly affirm women's rights with respect …

Band-Aid Solutions: New York’S Piecemeal Attempt To Address Legal Issues Created By Doma In Conjunction With Advances In Surrogacy, James Healy

Pace Law Review

No abstract provided.

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Law Student Publications

This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love’s death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of intimate partner violence.

Debunking The Market Myth In Pay Discrimination Cases, Nicole Buonocore Porter, Jessica R. Vartanian

Faculty Publications

Several things have been said about the Equal Pay Act (EPA) in recent years--not many of them have been very nice. The Equal Pay Act has been described as "broken" and suffering from an "identity crisis." Another scholar has claimed that the EPA fails to prevent wage discrimination for women in professional and leadership positions, stating that: "[i]n short, the EPA is increasingly becoming an empty promise, unworkable and ineffective to remedy wage discrimination for many women." Some authors assert that winning a case under the EPA is "nearly impossible."

It is clear that the EPA is failing (and maybe …

A Short History Of Sex And Citizenship: The Historians' Amicus Brief In Flores-Villar V. United States, Kristin Collins

Faculty Scholarship

The historians’ amicus brief that accompanies this essay was submitted to the Supreme Court in Flores-Villar v. United States, an equal protection challenge to federal statutes that regulate the citizenship status of foreign-born children of American parents. When the parents of such children are unmarried, federal law encumbers the ability of American fathers to secure citizenship for their children, while providing American mothers with a nearly unfettered ability to do the same. The general question before the Court in Flores-Villar – and a question that the Court has addressed in sum and substance on two other occasions during the last …

Building On Best Practices–Call For Ideas And Authors, Antoinette M. Sedillo Lopez

Faculty Scholarship

The Clinical Legal Association Best Practices Implementation Committee is planning a follow-up publication to Best Practices for Legal Education by Roy Stuckey and others. The vision of the book is to build on ideas for implementing best practices, and to develop new theories and ideas on Best Practices for Legal Education.

From Protection To Punishment: Post-Conviction Barriers To Justice For Domestic Violence Survivor-Defendants In New York State, Tamar Kraft-Stolar, Elizabeth Brundige, Sital Kalantry, Jocelyn Getgen Kestenbaum, Avon Global Center For Women And Justice At Cornell Law School, Women In Prison Project (Correctional Association Of New York)

Avon Global Center for Women and Justice and Dorothea S. Clarke Program in Feminist Jurisprudence

No abstract provided.

Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam

Chicago-Kent Law Review

Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …

The Iaaf Hyperandrogenism Regulations And Discrimination, Shawn Crincoli

Scholarly Works

No abstract provided.

Revisiting Title Xi's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah Brake

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Women And Reproduction: From Control To Autonomy? The Case Of Chile, Lidia B. Casas

American University Journal of Gender, Social Policy & the Law

No abstract provided.

International Criminal Court's Protection Of Women: The Hands Of Justice At Work, Tina R. Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Northwestern University School Of Law's Two Year Work Requirement And Its Possible Effects On Women: Another Tile In The Glass Ceiling?, Kathleen Kunkle Gilbert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

International And Regional Standards For Protecting Victims Of Domestic Violence, Andreea Vesa

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Behind The Wedding Veil: Child Marriage As A Form Of Trafficking In Girls, Elizabeth Warner

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Veil Or No Veil? Are We On The Right Track?, Rayhan Asat

Cornell Law School Inter-University Graduate Student Conference Papers

In recent years, it is ironic that a simple Muslim headscarf became one of most contentious and controversial political, culture, religious and human rights issue in various countries around the world. The Muslim headscarf affair has given rise to heated debate in Europe in particular. Extensive scholarship literature contributed to this debate from various aspects, including from the banning of the Niqab from a public sphere, to institutional education and from the courtroom context. One has to acknowledge that few expressions of faith today cause as much fear and loathing in plural democracies as the Muslim headscarf has. I intend …

Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler

Cardozo Law Review

No abstract provided.

Smith And Women's Equality, Leslie C. Griffin

Cardozo Law Review

No abstract provided.

Exemptions And The Establishment Clause, Angela C. Carmella

Cardozo Law Review

No abstract provided.

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Research Reports & White Papers

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …

Biases In Domestic Violence Criminal Decision Making: Are System Actors Lenient In Domestic Violence Cases?, Silvana Del Valle

Cornell Law School Inter-University Graduate Student Conference Papers

This essay makes a review of studies about the presence of biases against victims in the Judicial Decisionmaking of Domestic Violence (DV) crimes. The global recognition of the phenomenon has promoted a legal reform movement, in which the United States has been part. The first reform in the topic in the US was the Violence Against Women Act (VAWA) of 1991. This federal statute detected biases not only in the judges, but also in other criminal prosecution actors -police departments and prosecutors. Then, it introduced research funds and legal tools to fight against biases, under the premise that DV is …

Sks Microfinance And For-Profit Mfis, Unscrupulous Predators Or Political Prey? Examining The Microfinance Credit Crunch In Andhra Pradesh And Assessing The Applicability Of The Un Global Compact "Protect Respect Remedy" Framework, Ashley Feasley

Cornell Law School Inter-University Graduate Student Conference Papers

Microfinance is the practice of originating small loans and capital infusions in developing countries to poor individual families and small businesses that are outside traditional banks. Today microfinance has grown into a multi-billion dollar industry that has stakeholders in the financial services industry, private international organizations (including non-governmental organizations ("NGOs")) and global politics. The successful initial public offering ("IPO") of SKS Microfinance, ("SKS") a for-profit microfinance institution ("MFI") in August 2010 marked the pinnacle of success for the theory that for-profit MFIs could eradicate poverty while simultaneously making a huge profit through microfinance. The extremely successful SKS IPO bolstered the …

When Your Boss "Friends" You: Social Media And The Hostile Environment Claim, Stephanie A. Kevil

DePaul Journal of Women, Gender and the Law

No abstract provided.