Social and Behavioral Sciences Commons^™

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

Podia And Pens: Dismantling The Two-Track System For Legal Research And Writing Faculty, Kristen K. Tiscione, Amy Vorenberg

Law Faculty Scholarship

At the 2015 AALS Annual Meeting, a panel was convened under this title to discuss whether separate tracks and lower status for legal research and writing (“LRW”) faculty make sense given the current demand for legal educators to better train students for practice. The participants included law professors, an associate dean, and a federal judge.2 Each panelist was asked to respond to questions about the “two-track” system—a shorthand phrase for the two tracks of employment at many law schools whereby full-time LRW faculty are treated differently than tenured and tenure-track faculty. The panelists represented differing views on the topic. This …

La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene

Independent Study Project (ISP) Collection

A través de todos los siglos, ha existido la violencia contra las mujeres. Las causas de esta violencia son extensivas y tienen raíces en estructuras de ideología, cultura y género incrustadas en sociedades de todo el mundo. Hasta fines del siglo veinte, la violencia contra las mujeres era vista como un tema privado, de la familia, vivido puertas adentro, en forma independiente en cada hogar. Sin embargo, a través de las últimas décadas, muchos cambios ideológicos y socioculturales han trasladado el problema de la violencia contra las mujeres a la escena pública. En el año 2009, Argentina creó una ley …

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

Faith Doesn't Justify Discrimination Against Women, Eric Segall

Eric J. Segall

No abstract provided.

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …

Gender Wage Gap Matters To Women In Low-Wage Occupations: Hispanic Women Face Largest Pay Inequities, Center For Women In Politics And Public Policy, University Of Massachusetts Boston

Publications from the Center for Women in Politics and Public Policy

Much of the existing research on the gender gap in pay focuses on its impact on women who are middle- and upper-income earners in highly skilled occupations, such as medicine, law, and business. There has been less emphasis on the impact of pay inequity on low-income women working in low-wage occupations.

Encouraging Victims: Responding To A Recent Study Of Battered Women Who Commit Crimes, Andrea L. Dennis, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …

An Analysis And Examination Of College Undergraduates' Perceptions Of Women In Law Enforcement, William T. Stone ~

Honors College Theses

Throughout the course of history, various perceptions of gender and the roles that each gender should play have been observed. As Western society has progressed, so have the rights of women in many modern, developed nations. In America, women became an integral part of the workforce during World War II. When the war was over, however, they were expected to return to a more domestic role. Today, the number of women in the workplace continues to increase; however, many disparities continue to exist. Traditionally masculine careers, such as policing, have seen smaller increases in the number of women in these …

The Limits Of Feminism, Emily Sherwin

Emily L Sherwin

No abstract provided.

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …

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.

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.

Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, Rangita De Silva De Alwis, Jeni Klugman

All Faculty Scholarship

No abstract provided.

‘Please Be A Lady… You Are Not Going To Be Heard’: The Debate Over The Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Kasie Durkit

International ResearchScape Journal

Why did the United States fail to ratify the Convention on the Elimination of All Forms of Discrimination against Women? This overarching question forms the basis of this paper and will be answered using an array of primary and secondary sources. This paper gleans most of its evidence from the Senate Foreign Relations Committee Hearings of 1994 and 2002, letters from both President Jimmy Carter and former Secretary of State Colin Powell, Congressional Research Service reports on CEDAW from 2013 and 2007, several Senators’ statements in the Congressional Record, Congressional testimony, and the text of the CEDAW treaty. This …

Safety Concerns, Fear And Precautionary Behavior Among College Women: An Exploratory Examination Of Two Measures Of Residency, Adam J. Pritchard, Carol E. Jordan, Pamela Wilcox

Office for Policy Studies on Violence Against Women Publications

This study examines the impact of two distinct measures of residency on college women's perceptions of safety, fear of crime and precautionary behaviors within both on-campus and off-campus areas. A student's current residency either on- or off-campus and a student's prior residency in a metropolitan, micropolitan or rural county prior to college are compared across these three aspects of campus safety. Current residency is found to be significantly related to a student's perceptions of safety in off-campus areas around campus, as well as the likelihood of engaging in precautionary behaviors such as avoiding specific locations on campus or carrying or …

Bill 13 (The Accepting Schools Act): Ontario Legislation Mandating Support For Lgbt Students In Publicly-Funded Schools, Renato M. Liboro Jr.

Theses and Dissertations (Comprehensive)

Twenty-six key stakeholders from schools in Waterloo Region, Ontario, participated in semi-structured, open-ended interviews for this dissertation. They included students, teachers, school board representatives in administrator and superintendent roles, trustees, and community service providers. This study explored the experiences of lesbian, gay, bisexual, and transgender (LGBT) youth in publicly-funded schools, the effect of those experiences on their mental health and well-being, and the success of strategies, programs, and policies implemented by schools to address LGBT youth issues. It also examined the perspectives of participants on Bill 13, Ontario’s Accepting Schools Act, particularly strengths and weaknesses of the bill in terms …

School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis

Theses and Dissertations (Comprehensive)

Trans youth are some of the most marginalized youths in schools. In 2012, the Ontario Government passed two legislations, one of which was the Accepting Schools Act, strengthening supports for lesbian, gay, bisexual, transgender, or questioning (LGBTQ) students in schools. The other was Toby’s Act, an amendment to the Ontario Human Rights Code including protection from discrimination on the grounds of gender identity and gender expression. The purpose of this thesis is to examine how these two acts have created a political context supporting trans youth in schools. A comprehensive mixed-methods approach was used to examine provincial trends of trans-specific …

Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri

All Faculty Scholarship

Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination against …

Marital Supremacy And The Constitution Of The Nonmarital Family, Serena Mayeri

All Faculty Scholarship

Despite a transformative half century of social change, marital status still matters. The marriage equality movement has drawn attention to the many benefits conferred in law by marriage at a time when the “marriage gap” between affluent and poor Americans widens and rates of nonmarital childbearing soar. This Essay explores the contested history of marital supremacy—the legal privileging of marriage—through the lens of the “illegitimacy” cases of the 1960s and 1970s. Often remembered as a triumph for nonmarital families, these decisions defined the constitutional harm of illegitimacy classifications as the unjust punishment of innocent children for the “sins” of their …

Evolving Standards Of Domination: Abandoning A Flawed Legal Standard And Approaching A New Era In Penal Reform, Spearit

Articles

This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social …

Normalizing Disability In Families, Mary Crossley

Articles

In “Selection against Disability: Abortion, ART, and Access,” Alicia Ouellette probes a particularly vexing point of intersection between ART (assisted reproductive technology) and abortion: how negative assumptions about the capacities of disabled persons and the value of life with disability infect both prospective parents’ prenatal decisions about what pregnancies to pursue and fertility doctors’ decisions about providing services to disabled adults. This commentary on Ouellette’s contribution to the symposium titled “Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies" first briefly describes Ouellette’s key points and her article’s most valuable contributions. It then suggests further expanding the frame of …

On Not 'Having It Both Ways' And Still Losing: Reflections On Fifty Years Of Pregnancy Litigation Under Title Vii, Deborah L. Brake

Articles

This article, published in the B.U. Law Review Symposium issue, “The Civil Rights Act of 1964 at 50: Past, Present and Future,” reflects on the past fifty years of conflict and struggle over how to treat pregnancy discrimination under Title VII. Pregnancy has played a pivotal role in debates among feminist legal scholars and women’s rights advocates about the limitations of both the equal treatment and special treatment anti-discrimination frameworks. The article’s title references the much-discussed Wendy W. Williams cautionary note that if we cannot have it “both ways” we need to decide which way we want to have it …

Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez

Articles

“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education, …

Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen

Rona Kaufman Kitchen

Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental rights, …