Law and Gender Commons^™

The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon

Cardozo Journal of Conflict Resolution

This Article establishes sulha, the traditional Arab and Islamic dispute resolution practice, as a restorative justice ("RJ") mechanism. The Article compares sulah with western RJ: both practices strive for the same goal, repairing damaged relations, highlights the conceptual and functional similarities, including support for victims, and the importance of perpetrator responsibility. The Article introduces the concept of reintegrative honoring theory ("RHT")-a novel concept that describes the reliance of sulha relies on restoration of victims' sense of honor. Finally, the Article compares RHT with western reintegrative shaming theory ("RST").

Access To Justice: Accelerating The Abandonment Of Fgm/C, Gretchen Kail

Cardozo Journal of Conflict Resolution

This Note discusses the role comprehensive legislation traditionally plays through a top-down approach and proposes the use of bottom-up approaches to better leverage national laws and new legal norms to support collective societal action. The discussion views legislation and FGM/C through a social norm lens: "a comprehensive, multi-sectorial, culturally sensitive approach that incorporates a social perspective to impact collective change."

Section II of this Note defines FGMIC as a health issue, a human rights violation, and a social norm. Section III discusses relevant international and regional human rights frameworks; state obligations; divergent views on the effects and usefulness of national …

Developing Communities Of Dialogue, Jonathan R. Cohen

Cardozo Journal of Conflict Resolution

We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and …

Why The Religious Right Can't Have Its (Straight Wedding) Cake And Eat It Too: Breaking The Preservation-Through-Transformation Dynamic In Masterpiece Cakeshop V. Colorado Civil Rights Commission, Kyle C. Velte

Minnesota Journal of Law & Inequality

No abstract provided.

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.

Gender Identity And Domestic Legal Status, Margaret Butler

Faculty Publications By Year

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Equal Work, Stephanie Bornstein

UF Law Faculty Publications

Most Americans have heard of the gender pay gap and the statistic that, today, women earn on average eighty cents to every dollar men earn. Far less discussed, there is an even greater racial pay gap. Black and Latino men average only seventy-one cents to the dollar of white men. Compounding these gaps is the “polluting” impact of status characteristics on pay: as women and racial minorities enter occupations formerly dominated by white men, the pay for those occupations goes down. Improvement in the gender pay gap has been stalled for nearly two decades; the racial pay gap is actually …

The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle

Cardozo Law Review de•novo

Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a flurry of lawsuits in federal court. In March 2018, President Trump issued a revised policy that …

Asylum, Immigration, And Gender Identity: Scholarship And Strategies For Advocacy, Margaret Butler

Faculty Publications By Year

No abstract provided.

Family Law And Gender Identity: Legal Issues Arising When Marrying And Parenting While Trans, Margaret Butler

Faculty Publications By Year

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Gender Identity Discrimination In The Workplace And Education: Title Vii And The Title Ix, Margaret Butler

Faculty Publications By Year

No abstract provided.

Gender Identity And The Law: Scholarship Regarding The Gender Binary And Gender Outlaws Generally, Margaret Butler

Faculty Publications By Year

No abstract provided.

Gender-Affirming Health Care, Autonomy, And Bias In Insurance And The Law, Margaret Butler

Faculty Publications By Year

No abstract provided.

The Quixotic Quest For Gender Equality In The Workplace, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney

Articles, Book Chapters, & Popular Press

Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.

Women And Guns, Elaine Craig

Articles, Book Chapters, & Popular Press

In Gun Control and Women’s Rights in Context: Reflections of the Applicant on Barbra Schlifer Commemorative Clinic v Canada, Amanda Dale not only provides the reader with an embodied account of law that exemplifies the limits of legal discourse, she also offers a compelling (and disheartening) explication of how and why the Stephen Harper government’s repeal of the long-gun registry threatens the lives of women.

As Dale points out, gun control in Canada is different from that in the United States. Canadian gun control laws are, of course, much more robust. For example, restricted weapons, such as handguns, have been …

Judicial Audiences: A Case Study Of Justice David Watt's Literary Judgments, Elaine Craig

Articles, Book Chapters, & Popular Press

Applicants to the federal judiciary identify three main audiences for their decisions: the involved and affected parties, the public, and the legal profession. This case study examines a set of decisions authored by Justice David Watt of the Ontario Court of Appeal, involving the rape, torture, murder or attempted murder of women, in which he attempts humour or uses puns, parody, stark imagery and highly stylized and colloquial language to introduce the violence, or factual circumstances surrounding the violence, in these cases. It assess these introductions in relation to the audiences judges have identified as important for their decisions. The …