Law and Gender Commons^™

Theorizing The Immigrant Child: The Case Of Married Minors, Medha D. Makhlouf

Brooklyn Law Review

U.S. immigration laws provide special protections, benefits, and forms of relief for children. They also provide certain marriage-based benefits and exclusions. However, the most common definitions of “child” in the Immigration and Nationality Act make the existence of a married child into a legal impossibility. In other words, married children are variously treated as either married adults or unmarried children. This article analyzes the treatment of married minors in the immigration system in three contexts: as beneficiaries of spousal petitions; as petitioners for spouses, parents, and siblings; and as beneficiaries of parent-sponsored petitions. The analysis reveals that married minors are …

University Of Baltimore School Of Law Center On Applied Feminism's 9th Annual Feminist Legal Theory Conference On Applied Feminism Today: Keynote Speaker Judge Nancy Gertner, Former United States Federal Judge For The United States District Court For The District Of Massachusetts, Nancy Gertner

University of Baltimore Law Review

Below is a transcription of the keynote speech from the University of Baltimore School of Law Center on Applied Feminism’s 9th Annual Feminist Legal Theory Conference: Applied Feminism Today. Judge Nancy Gertner, former United States Federal Judge for the United States District Court for the District of Massachusetts, gave the keynote speech on March 4, 2016.

I was on the bench for seventeen years, and I intend to write about that experience. The problem is that while my memoir was funny, this book—on judging—is not. In my memoir, I describe the fact that the only way I could face the …

The French Veil Ban: A Transnational Legal Feminist Approach, Sital Kalantry

University of Baltimore Law Review

After the gruesome terrorist attack that killed eighty-four people in Nice, many beach towns in France began to ban Muslim women from wearing the “burkini” on beaches. The burkini, which was created by an Australian designer, is modest swimwear that covers the body and hair. The Nice attack occurred on the heels of a series of attacks in France. The timing of the French burkini ban suggests it was targeting Muslims due to the anger over the attacks. The argument that burkinis are not hygienic is a fig leaf for other more pernicious justifications. Others argue that religious garb generally …

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

The "Tunisian" Spring: Women's Rights In Tunisia And Broader Implications For Feminism In North Africa And The Middle East, John Hursh

University of Baltimore Law Review

More than six years have passed since the tumultuous weeks that comprised the key moments of the Arab Spring. Although initially greeted with great optimism, most results of these remarkable events ultimately have been discouraging. In Egypt, a “democratic coup d’état” paved the way for the resignation of longtime authoritarian leader Hosni Mubarak and, eventually, democratic elections. However, this moment of hope and reform proved to be short-lived. The elected president and Muslim Brotherhood leader Mohamed Morsi proved to be so divisive and consolidated executive authority to such an alarming extent that General Abdel Sisi replaced him in a military, …

Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika George, Candace D. Gibson, Rebecca Sewall, David Wofford

Utah Law Faculty Scholarship

In 2002, shortly after Paul Hunt was named as the first UN Special Rapporteur on the right to health, he presented his vision for promoting the right to health as a fundamental human right, clarifying the content of this right and identifying good practices at the community, national, and international levels. His vision remains true today for women’s health at the workplace in global supply chains. In an era where women and families must often migrate to find work, leaving behind their homes and support networks, the workplace can be a site where they can access resources and information to …

Anti-Gay Curriculum Laws, Clifford Rosky

Utah Law Faculty Scholarship

Since the Supreme Court’s invalidation of anti-gay marriage laws, scholars and advocates have begun discussing what issues the LGBT movement should prioritize next. This article joins that dialogue by developing the framework for a national campaign to invalidate anti-gay curriculum laws—statutes that prohibit or restrict the discussion of homosexuality in public schools. These laws are artifacts of a bygone era in which official discrimination against LGBT people was both lawful and rampant. But they are far more prevalent than others have recognized. In the existing literature, scholars and advocates have referred to these provisions as “no promo homo” laws and …

Women In Engineering, Arianna Frisina

Women in STEM

The timeline consists of significant events of women in engineering. The years range from 1939 to 1974 and contains information from Hidden Figures and a peer-reviewed article that was found on JSTOR. The timeline shows the years that the women (Katherine Johnson, Dorothy Vaughan, Christine Darden, and Mary Jackson) began working for NACA. It also includes the time Christine Darden discovered her passion for math, when Kitty O’Brien Joyner sued the University of Virginia, the year of the Civil Rights Act, when Katherine Johnson was able to attend the editorial meetings, and Mary Jackson enrolling in engineering classes. The year …

The Death Of The Firm, June Carbone, Nancy Levit

Faculty Works

This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …

Foreword, Amy Depuy, Tyra Singleton

UC Law SF Journal on Gender and Justice

No abstract provided.

Nudging The Criminal Justice System Into Listening To Crime Victims In Plea Agreements, Dana Pugach, Michal Tamir

UC Law SF Journal on Gender and Justice

The Crime Victim’s Rights Act has given victims “the right to participate in the system.” However, crime victims remain marginalized as their involvement in plea agreements is yet under enforced. This article reveals the largely unnoticed gap between the victim’s rights and the disadvantaged reality they experience in plea agreements. Further, the paper identifies the legal causes that led to this gap; namely, the broad discretion and dominance of the prosecution on the one hand, and the victim’s lack of enforcement mechanisms to participate on the other. The article provides a solution whose novelty is twofold. First, the solution advocated …

Changing Motherhood Paradigms: Jewish Law, Civil Law, And Society, Avishalom Westreich

UC Law SF Journal on Gender and Justice

This paper indicates initial signs of a far-reaching interaction between Jewish law, civil law, and society, which goes to the very heart of the concept of motherhood in cases of assisted reproductive technologies. The paper argues that both civil law and Jewish law are dynamic. They influence one another very deeply, and both are affected by the social reality (which itself is, of course, dynamic by nature). But this influence is not only on the practical level. Within Jewish law, the paper reveals a fascinating process of a conceptual paradigmatic change: from a substantive approach to parenthood to a functionalist …

Revenge In Modern Times: The Necessity Of A Federal Law Criminalizing Revenge Porn, Katlyn M. Brady

UC Law SF Journal on Gender and Justice

Revenge porn is a growing phenomenon where the victim is constantly re-victimized as the intimate photographs are shared across the Internet. Once a picture has been uploaded victims have no control over its distribution. The current patchwork of state criminal laws is often inadequate because the victim cannot utilize them to force websites to remove the photographs, the laws are often inadequate, and often police or legislatures fail to recognize that revenge porn is a type of sexual exploitation. States are only now beginning to take the complaints seriously. This paper sets out to define revenge porn, explain why it …

Legal Censure Of Unconventional Expressions Of Love And Sexuality; Finding A Place In The Law For Bdsm, Anne Onoma

UC Law SF Journal on Gender and Justice

The laws against assault and battery do not provide an exception for consensual BDSM. Consequently, a BDSM practitioner may be charged with criminally assaulting or battering a sexual partner despite having engaged in an activity that was completely consensual and not harmful in any meaningful way. Consent is the legal difference between sex and rape, and so consent should also be the difference between BDSM and criminal assault or battery. However, courts remain unwilling to even consider a defense of consent in assault and battery cases that include alleged BDSM activities. This note will explore the multiple ways in which …

The Principal Theory, Jennifer Twist, Merienne Star Blake

UC Law SF Journal on Gender and Justice

Prison inmates Jennifer Twist and Merienne Star Blake are just two of hundreds of women who are currently serving life sentences on a “Principal Theory.” This theory contains and entails that being at the scene or near the scene of the crime indicates a guilty demeanor as much as the person who actually committed the crime. The theory does not account for mitigating factors of trauma that many women face. Twist and Blake stand up as warriors for this cause and give a voice to the many woman serving life without parole on the basis of the Principal Theory.

The Constitutionality And Future Of Sex Reassignment Surgery In United States Prisons, Brooke Acevedo

UC Law SF Journal on Gender and Justice

This note examines how federal and state prisons do not currently have a policy for prison inmates living with gender dysphoria to receive their sex-reassignment surgery while incarcerated. Transgendered inmates face various legal, social, and medical challenges in the prison system. These challenges are only amplified when they are denied access to sexreassignment surgery. After various independent doctors have determined the sex-reassignment surgery is a medical necessity, denying inmates the surgery is a violation of their constitutional rights. California has developed a policy to determine when an inmate can receive their surgery, the rest of the country needs to model …

Medical Marijuana And Child Custody: The Need To Protect Patients And Their Families From Discrimination, Alice Kwak

UC Law SF Journal on Gender and Justice

This note addresses parents who stand to lose child custody due to discrimination against the parent’s status as a medical marijuana patient or provider for their children. Parents may be forced to choose between marijuana to alleviate health problems and the retention of custody of their children; in some cases, parents are being forced to choose between living with chronic, debilitating pain and potentially facing a child custody battle or loss of a child to the foster care system.

The Divide Press Release For Author Sylvia Ryerson, Sally Brown

Promotion

The Divide Exhibit with presentation by Author Sylvia Ryerson press release.

Ryerson’s presentation, “Restoring Families: Overcoming Stereotypes and the Failure of Mass Incarceration,” will complement the visual perspective of The Divide, WVU Multimedia Producer and photojournalist Raymond Thompson’s exhibit of photographs on display in the Downtown Campus Library Atrium.

Title Ix In The Technological Age - Challenging Rape Culture And Myths Through Fairer Use Of Electronic Communications, Drew Simshaw

Scholarly Works

No abstract provided.

Shame Agent, Joan W. Howarth

Scholarly Works

As a nation, we have recently experienced a significant positive shift in norms against casual campus sexual violence. These changes are perhaps as dramatic as the attitudinal shifts over recent decades regarding drunk driving or cigarette smoking. In a world in which masculinity is too often associated with sexual conquest, and women still suffer under intense and conflicting pressures regarding their sexual behavior, pushing this potential transformation forward is both difficult and necessary. Enforcement of Title IX protections has become a crucial driver of much of this change.

This is an account of some of what I learned as a …