Law and Gender Commons^™

Vivas Nos Queremos: Feminicidio En Bolivia, Taslim Tavarez Garcia

Independent Study Project (ISP) Collection

Bolivia uno de los países en latinoamérica que tiene una gran cantidad de feminicidios o mujeres asesinadas por hombres debido a su género y relación afectiva. Hay muchos problemas sobre las violaciones de derechos humanos que sufren las mujeres en razón de género. Con el enfoque de derechos de las víctimas y sus familiares, esta investigación pretende descubrir si ellas, tienen acceso a justicia en el sistema judicial de Bolivia . Específicamente analizando el efecto de antes y después de la ley 348: La Ley Integral Para Garantizar a Las Mujeres Una Vida Libre de Violencia. A través de una …

Large-Scale Land Acquisitions And Applying A Gender Lens To Supply Chain Reform, Mina Manuchehri

Washington International Law Journal

In recent years, multinational corporations, in particular food and beverage companies, have committed to “zero tolerance for land grabs” throughout their supply chains. To achieve this end, companies have also committed to international legal norms, including Free, Prior, and Informed Consent (FPIC) and the United Nations Guiding Principles on Business and Human Rights (UNGPs). Although these commitments were unprecedented, no company explicitly requires the consideration of women’s use of and rights to land when remedying land grabs or acquiring land. To guarantee that women are included and consulted throughout land acquisition processes, companies should explicitly require the application of a …

Love Is Love: Why Intentional Parenting Should Be The Standard For Two-Mother Families Created Through Egg-Sharing, Francesca Rebecca Acocella

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

About Microaggressions, Ronald E. Wheeler

Faculty Scholarship

Professor Wheeler discusses the concepts of microaggressions (including micro-assaults, microinsults, and microinvalidations) specifically against LGBT individuals, and proposes some solutions for preventing microaggressions from occurring within one’s organization.

With Liberty And Access For Some: The Aca’S Disconnect For Women’S Health, Nicole Huberfeld

Fordham Urban Law Journal

No abstract provided.

Project Prevention: Concept, Operation, Results And Controversies About Paying Drug Abusers To Obtain Long-Term Birth Control, Bruce A. Thyer

William & Mary Bill of Rights Journal

This Article describes the origins and current operation of Project Prevention, a privately-funded program that provides a payment of $300 to substance abusers who obtain long-term birth control. This practice is intended as a means to prevent the conception of babies to mothers who are prone to expose their developing child to toxic levels of alcohol or other drugs during pregnancy, likely to be unable to care for their child once born, and at risk for having their child removed from their custody by the state and placed in foster care or an adoptive home. Children born to such mothers …

Re-Evaluating The Criminalization Of In Utero Alcohol Exposure: A Harm-Reduction Approach, Adam J. Duso, John Stogner

William & Mary Bill of Rights Journal

No abstract provided.

A Liberal Dilemma: Respecting Autonomy While Also Protecting Inchoate Children From Prenatal Substance Abuse, Andrew J. Weisberg, Frank E. Vandervort

William & Mary Bill of Rights Journal

No abstract provided.

Substantive Representation By The Unelected: The Role Of Staff Gender On Mayoral Priorities In U.S. Cities, Sara M. Hottman

Dissertations and Theses

The literature on descriptive and substantive representation focuses on elected representatives, but overlooks the gender of those who play an integral role in policy process (agenda-setting) and outcomes (implementation): The elected’s chief of staff, senior policy advisors, and, in council-manager systems, the city manager. This thesis examines the role policy staff and city manager gender plays in substantive representation. After analyzing staff composition and agenda priorities — gleaned from State of the City addresses — for mayors of the 50 most-populous cities in the United States, I found substantial evidence to support my hypotheses that the chief of staff’s gender, …

Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach

University of Richmond Law Review

This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner

Faculty Publications

No abstract provided.

Confusion On The Court: Distinguishing Disparate Treatment From Disparate Impact In Young V. Ups And Eeoc V. Abercrombie & Fitch, Inc., Michael C. Harper

Faculty Scholarship

In two decisions in the 2014-2015 Term, Young v. United Parcel Service, Inc., and Equal Employment Opportunity Commission v. Abercrombie & Fitch, Inc., the Court seemed to give contradictory answers to an important unresolved conceptual definitional question: Does disparate treatment include assigning members of a protected group based on their protected status to a larger disfavored group that is defined by neutral principles and that includes others who are not members of the protected group? Or does such assignment have only a disparate impact on the protected status group?

In Young, the first of these decisions, all members of the …

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

Articles

The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …

The Lawyer's Obligation To Correct Social Injustice!, James F. Gill

Fordham Urban Law Journal

No abstract provided.

Inching Towards Equality: Lgbt Rights And The Limitations Of Law In Hong Kong, Joy L. Chia, Amy Barrow

William & Mary Journal of Race, Gender, and Social Justice

Since legislative reform decriminalizing sodomy in 1991, the Hong Kong government has taken a passive role in the legal protection of lesbian, gay, bisexual, and transgender (LGBT) individuals. Instead, LGBT rights advancements have occurred primarily through the work of the courts, resulting in piecemeal progress that has left unaddressed the daily discrimination experienced by LGBT people in Hong Kong. Despite increased pressure in recent years for antidiscrimination legislation, the Hong Kong government continues to assert that self-regulation and public education, rather than legislation, are more appropriate tools for addressing discrimination based on sexual orientation or gender identity. This Article argues …

Local, State, And Federal Responses To Stalking: Are Anti-Stalking Laws Effective?, Tracey B. Carter

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Equality, Process, And Campus Sexual Assault, Julie Novkov

Maryland Law Review

No abstract provided.

Feminist-In-Chief? Examining President Obama's Executive Orders On Women's Rights Issues, Mary Pat Treuthart

Chicago-Kent Law Review

This article focuses on President Obama’s use of executive orders in various areas of women’s rights issues including the empowerment of women, gender-based violence, reproductive rights, and employment. As scholars of the American presidency have noted, executive orders can be used either as strategic tools to short-circuit legislative gridlock or to underscore and complement presidential policy measures pending in Congress. Executive orders can also serve to promote projects of special interest groups. Finally, knowing that their directives can be powerfully symbolic, presidents can be particularly effective in the use of executive action to underscore the gulf between the Democratic Party …

Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim

Chicago-Kent Law Review

The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …

Newsroom: Sack Joins Women's Fund Of Ri Board, Roger Williams University School Law

Life of the Law School (1993- )

No abstract provided.