Side Effects Of The Abortion Wars,
2017
American University Washington College of Law
Side Effects Of The Abortion Wars, Maya Manian
Scholarly Articles in Law Reviews & Journals
Over the last several decades, as part of the movement against abortion rights, abortion has become increasingly stigmatized and isolated in women's health. The current segregation of abortion from the rest of women's medical needs brings us full circle back to questions raised by Roe v. Wade. Although Roe was rightly criticized as over-medicalizing the abortion decision and empowering doctors rather than women, we have now shifted to the opposite extreme of severing abortion completely from the realm of women's health. While it remains important to understand abortion access as necessary to sustaining women's right to equal citizenship, the public's …
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence,
2017
Brooklyn Law School
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …
The Conundrum Of Voluntary Intoxication And Sex,
2017
Brooklyn Law School
The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael
Brooklyn Law Review
Research shows that a significant number of sexual assaults occur after victims have consumed an excessive amount of intoxicants, rendering them substantially impaired and incapable of opposing nonconsensual sexual acts. Existing sexual assault statutes mostly criminalize sexual acts with involuntarily intoxicated people, namely when the defendant administered the intoxicants to the victim. Most of these statutes, however, do not directly prohibit sexual intercourse with voluntarily intoxicated victims whose intoxication was self-inflicted. While general prohibitions against sexual intercourse with physically and mentally incapacitated individuals may be used to prosecute sexual assaults of intoxicated victims, they offer only an incomplete solution to …
The Community Politics Of Domestic Violence,
2017
Brooklyn Law School
The Community Politics Of Domestic Violence, Deborah M. Weissman
Brooklyn Law Review
Gender violence has long been identified as a crisis of epidemic proportions that defies facile solution. Despite decades of intellectual and practical engagement, law reform, and notwithstanding increased social services and public health interventions, the rates of gender violence have not appreciably declined. The field of domestic violence advocacy is itself in a crisis, and it has been difficult to discern the best way forward. Reliance on the criminal justice system has tended to fracture the domestic violence movement even as it marginalized itself from disenfranchised populations. This article offers a case study of an incident that occurred between the …
Theorizing The Immigrant Child: The Case Of Married Minors,
2017
Brooklyn Law School
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 …
The Rules Of Maternity,
2017
Penn State Law
The Rules Of Maternity, Dara Purvis
Faculty Scholarship
A diverse body of laws and regulations speaking to reproductive rights, healthcare, criminal punishment of drug use, termination of parental rights, and more creates the rules of maternity. These rules are guidance provided both obliquely and explicitly by the law's coercive power telling women both how to and who should mother. Rule one begins in pregnancy, with the message that "your body is your child's vessel." During pregnancy, women are counselled that doctor knows best. After the child's birth, the mother remains responsible for the people who enter a child's life, leading to rule 3: "mothers must always protect." …
Racial And Gender Justice In The Child Welfare And Child Support Systems,
2017
Notre Dame Law School
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret F. Brinig
Journal Articles
While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …
Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman,
2017
Washington University in St. Louis School of Law
Aggressive Encounters & White Fragility: Deconstructing The Trope Of The Angry Black Woman, Kimberly Jade Norwood, Trina Jones
Scholarship@WashULaw
Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor’s acts and the bias that fuels them. This Article seeks to raise awareness of these “aggressive encounters” and to challenge a prevailing narrative about Black women and anger. It examines the myriad circumstances (both professional and social) in which aggressive encounters occur and the ways in which these encounters expose gender and racial hierarchies. It then explores how the intersectional nature of Black women’s identities triggers a particularized stereotype …
Women, Migration, And Prostitution In Europe: Not A Sex Work Story,
2017
European Network of Migrant Women (ENoMW)
Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Firearms In The Family,
2017
University of Colorado Law School
Firearms In The Family, Carolyn B. Ramsey
Publications
This Article considers firearms prohibitions for domestic violence offenders, in light of recent Supreme Court decisions and the larger, national debate about gun control. Unlike other scholarship in the area, it confronts the costs of ratcheting up the scope and enforcement of such firearms bans and argues that the politicization of safety has come at the expense of a sound approach to gun control in the context of intimate-partner abuse. In doing so, it expands scholarly arguments against mandatory, one-size-fits-all criminal justice responses to domestic violence in a direction that other critics have been reluctant to go, perhaps because of …
The Wages Of Genetic Entitlement: The Good, The Bad, And The Ugly In The Rape Survivor Child Custody Act,
2017
University of Colorado Law School
The Wages Of Genetic Entitlement: The Good, The Bad, And The Ugly In The Rape Survivor Child Custody Act, Jennifer S. Hendricks
Publications
This Essay analyzes flaws and assumptions in the recently enacted Rape Survivor Child Custody Act. The RSCCA offers a window into the problems with defining parenthood in terms of genes instead of caretaking relationships, which is what led to the problem of rapists being able to claim parental rights in the first place. Rather than address that underlying defect in family law, the statute attempts a solution that might work if all rapists were strangers, all rapists were men, and all rape victims were women, but glosses over complicated problems of violence and coercion in relationships. Despite this failure to …
Supreme Court Denies Review In Gay Rights Case,
2017
New York Law School
Supreme Court Denies Review In Gay Rights Case, Arthur S. Leonard
Other Publications
No abstract provided.
Having Graduated, Gavin Grimm Amends Complaint,
2017
New York Law School
Having Graduated, Gavin Grimm Amends Complaint, Arthur S. Leonard
Other Publications
No abstract provided.
How Texas Governor Hopes To Undo Marriage Equality,
2017
New York Law School
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Trump Action On Transgender Students Carries Contradictions,
2017
New York Law School
Trump Action On Transgender Students Carries Contradictions, Arthur S. Leonard
Other Publications
No abstract provided.
Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban,
2017
New York Law School
Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard
Other Publications
No abstract provided.
Us Judge Smacks Down Trump Transgender Military Ban,
2017
New York Law School
Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard
Other Publications
No abstract provided.
Polish Divorce, New York Style,
2017
New York Law School
Polish Divorce, New York Style, Arthur S. Leonard
Other Publications
No abstract provided.
Trans Enlistees Can Sign Up January 1, Judge Rules,
2017
New York Law School
Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard
Other Publications
No abstract provided.
Intended Parents Win Custody In Surrogacy Dispute,
2017
New York Law School
Intended Parents Win Custody In Surrogacy Dispute, Arthur S. Leonard
Other Publications
No abstract provided.
