Law and Gender Commons^™

The Feminist Battle For Citizenship: Between Combat Duties And Conscientious Objection, Daphne Barak-Erez

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal and feminist struggles surrounding women's inclusion in military service, arguing that such inclusion is central to achieving full citizenship and equality. It critiques the differential treatment of men and women in military service, highlighting how legal frameworks perpetuate gendered roles and undermine civic equality. While legal victories like United States v. Virginia and *Miller* have advanced women’s rights, they have not fully dismantled structural barriers to equality. The article emphasizes the tension between feminist goals of equality and critiques of militarism and patriarchal institutions.

"We're Here To Protect Democracy. We're Not Here To Practice It": The U.S. Military's Involvement In Trafficking In Persons And Suggestions For The Future, Jorene Soto

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. military has historically been complicit in human trafficking, particularly through its involvement in prostitution near overseas bases, and that current legal and policy measures fail to adequately address this issue. While laws like the Trafficking Victims Protection Act (TVPA) and the Uniform Code of Military Justice (UCMJ) provide some framework, enforcement and penalties are insufficient to deter military personnel from contributing to trafficking. The article calls for stronger legal policies, enhanced education, and stricter penalties to combat this issue effectively.

Women And Weight-Based Employment Discrimination, Alexandra W. Griffin

Cardozo Journal of Equal Rights & Social Justice

The note argues that weight-based employment discrimination disproportionately affects women, contributing significantly to the gender wage gap. It advocates for recognizing this issue as a feminist concern and urges the use of existing legal frameworks and social change to address it.

Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Comments On Panel 2, Peter Jaszi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A Gendered Update On Women Law Deans: Who, Where, Why, And Why Not?, Laura M. Padilla

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The First "First Gentleman": The Role Of President Jane Doe's Husband A Sequel , John Dwight Ingram

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Developing Markets In Baby-Making: In The Matter Of Baby M, Carol Sanger

Faculty Scholarship

In this Essay, I want to explore the Baby M case from a different, less philosophical perspective. The question I pose is simply this: how did the Sterns and the Whiteheads find one another in the first place? After all, apart from their New Jersey location (and a shared fondness for Bruce Springsteen), the two couples had little in common. Mary Beth was a high school dropout; Betsy had a Ph.D. and M.D. from the University of Michigan. Rick was a Vietnam vet fighting an ongoing battle with unemployment and alcoholism; Bill led what close friends called "a quiet, industrious …

Reading The Pink Locker Room On Football Culture And Title Ix, Erin E. Buzuvis

Faculty Scholarship

This Article examines the public controversy that erupted after local media reported on a comment the Author made about the University of Iowa's decision to renovate the football stadium's visiting team locker room entirely in pink. The Author submitted a statement in response to the University Steering Committee on NCAA Certification's request for feedback on a draft report and suggested that the "joke" behind the pink decor traded in sexist and homophobic values. As such, the Author concluded that it belonged in the comprehensive analysis of gender equity that the committee was preparing. The Author immediately received hundreds of hateful …

International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm

Faculty Scholarship

The Supreme Court's decision in Johnson Controls is the culmination of a long legal campaign by labor, women's rights, and workplace safety advocates to invalidate restrictions on women's employment based on pregnancy. This campaign powerfully demonstrates the use of amicus briefs as opportunities to link the efforts of groups with overlapping agendas and to shape the Supreme Court's understanding of the surrounding empirical, social and political context. But Johnson Controls also provides important lessons about the narrowing effects and fragility of litigation-centered mobilization. The case affirmed an important anti-discrimination principle but ironically left women (and men) with the right to …

Mail Dominance: A Critical Look At The International Marriage Broker Regulation Act And Its Sufficiency In Curtailing Mail-Order Bride Domestic Abuse, Holli B. Newsome

Campbell Law Review

This Comment will look through a circumscribed lens at the mailorder bride domestic abuse in the United States that is facilitated by the IMB industry and will also consider the sufficiency of IMBRA in curtailing the problem. This comment will: (1) give background information on the IMB industry; (2) examine -mail-order bride domestic abuse and how IMBs facilitate the problem; (3) explain IMBRA and its goals; and (4) take a critical look at IMBRA and give recommendations to further prevent mail-order bride domestic abuse in this country.

The International Marriage Broker Regulation Act: Protecting Foreign Women Or Punishing American Men?, Erin K. Pleasant

Campbell Law Review

No abstract provided.

Protecting Victims Of Gendered Persecution: Fear Of Floodgates Or Call To (Principled) Action?, Karen Musalo

Faculty Scholarship

No abstract provided.

Panel One: Lessons Learned: Gender Analyses Of Past Policies And Practices: Introduction, Suzanne B. Goldberg

Faculty Scholarship

Hello. I'm Suzanne Goldberg. I am pleased to welcome you to the first of two afternoon panels as part of the Women's Rights Law Reporter Symposium, "Lessons Learned: Gender Analyses of Past Policies and Practices." Thank you to Dr. Enarson for the wonderful opening to our conversation today. She has inspired us to think about broadening our analytic lens by foregrounding questions of gender in our consideration of disasters and disaster relief.

Abortion, Equality, And Administrative Regulation, Gillian E. Metzger

Faculty Scholarship

Abortion and equality are a common pairing; courts as well as legal scholars have noted the importance of abortion and a woman's ability to control whether and when she has children to her ability to participate fully and equally in society. Abortion and administrative regulation, on the other hand, are a more unusual combination. Most restrictions on abortion are legislatively imposed, while guarantees of reproductive freedom are constitutionally derived, so administrative law does not frequently figure in debates about access to abortion.

Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Consent, Capacity, And Mistaken Belief, Janine Benedet, Isabel Grant

All Faculty Publications

Women with mental disabilities experience high rates of sexual assault. The authors trace the history of the criminal law's treatment of cases involving such acts in order to evaluate whether the substantive law of sexual assault is meeting the needs of this group of women. In particular, the authors focus on the legal issues of consent, capacity, and mistaken belief. The authors situate this discussion in the context of current debates in feminist and critical disability theory, grounding the theory in scholarly research on sexual assault of women with mental disabilities. In considering the law's treatment of sexual violence against …

Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet

All Faculty Publications

When a woman with a mental disability makes a complaint of sexual assault, she must confront a criminal trial process that was not designed in contemplation of her as a witness. The requirements of repeated testimony under oath and the ability to be cross-examined are not always well-suited to the particular needs and capacities of women with mental disabilities. These problems are magnified by the tendency to infantilize women with mental disabilities, thereby diminishing their credibility and depicting them as hypersexual when they engage in any sexual activity. These stereotypes also manifest themselves in the application of evidentiary rules relating …

Using Federal And State Laws To Promote Secure Housing For Survivors Of Domestic Violence, Deborah A. Widiss, Emily J. Martin

Articles by Maurer Faculty

No abstract provided.

Advocating For The Employment Rights Of Victims Of Domestic Violence And Sexual Assault, Deborah A. Widiss, Robin R. Runge

Articles by Maurer Faculty

No abstract provided.

Putative Fathers Take Note: Revisiting In Re Loveheart And Revising The Rule Of Notice In Dependency Proceedings In Light Of Missouri's Revised Statutes And Putative Father Registry, Lauren A. Standlee

ExpressO

An increasingly large number of babies are born to unwed parents in the United States every year. This phenomenon is problematical for putative fathers in adoption proceedings because it is difficult to protect such a father’s rights while advancing the child’s best interests. Many states, such as Missouri, have responded by enacting putative father registries. An unwed father may file his intent to claim paternity with the Missouri Putative Father Registry in a postcard to insure notice of any proceeding that may affect his parental rights. However, a Missouri putative father who has not filed with the registry and taken …

The Constitutionality Of The Partial-Birth Abortion Ban Of 2003, Katherine R. Atkinson

ExpressO

Evaluates the constitutionality of the Partial-Birth Abortion Ban Act of 2003, beginning with a general discussion of relevant abortion procedures and jurisprudence. The Article then analyzes the Act using the void for vagueness doctrine, the undue burden test, and the Court's analysis in Stenberg, ultimately concluding the Act is unconstitutionl.

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer

The University of New Hampshire Law Review

[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …

The Development, Interpretation And Scope Of The Word "Sex" Within Title Vii: With Particular Reference To "Sexual Orientation.", Abbas Kazerounian

ExpressO

This is a paper demonstrating the shortcomings of the current jurisprudence in the U.S. with regards to the readings of Title VII's construction of the word "sex." Currently sexual minorities are not considered within Title VII and therefore sexual minorities are not offered the same protections under this Congressional Act. This paper shows how this is a misreading of the statute and how it should include protection for sexual minorities.

The Meaning Of “Life”: The Morning-After-Pill, The Question Of When Life Begins, And Judicial Review, Jason M. Horst

ExpressO

The Article foresees that certain state legislation limiting access to the morning-after-pill will thrust the question of when life begins onto the courts. This is due both to fact that the morning-after-pill has the potential to act at a point when the existence of potential life is in dispute and largely a matter of belief and to the fact that the constitutionality of the legislation may depend on whether courts consider the morning-after-pill abortion or contraception.

The Article argues that courts should address the question of whether to consider the morning-after-pill abortion or contraception by attempting to adopt and apply …

Conference Program

Dimensions of Women's Equal Citizenship (2006)

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Harassing Women With Power: The Case For Including Contra-Power Harassment Within Title Vii, Ann C. Juliano

Working Paper Series

After overcoming the obstacles to advancement, women who reach managerial positions are still subject to harassment. At times, this harassment comes from subordinates. The incidence of those employees with “lesser” power harassing those with more power presents a dilemma for traditional thinking on sexual harassment and for the developing judicial doctrine of sexual harassment. It is well-established that Title VII protects employees from discrimination because of sex. Yet, it is unclear whether the statute reaches as far as contra-power harassment.

Traditionally, sexual harassment was considered an abuse of power in the workplace. If this is true, how can female supervisors …