Law and Gender Commons^™

Panel On Beyond The Rape Exception: Using Law And Movement Building To Ensure Reproductive Health And Justice To All Gender Violence Survivors (Transcript), Sara Ainsworth, Jamie Vanaria (Moderator), Jessica Gonzáles-Rojas, Lillian Hewko, Angela Hooton

University of Miami Race & Social Justice Law Review

No abstract provided.

Interview—Caroline Bettinger-Lopez And Marleine Bastien On The Fight To Stop Gender Violence: From Haiti To Miami, Caroline Bettinger-López, Marleine Bastien

University of Miami Race & Social Justice Law Review

No abstract provided.

Panel On New Possibilities For Reframing Work To End Gender Based Violence (Transcript), Marcia Olivo, Monique Hoeflinger (Moderator), Neil Irwin, Jackie Payne

University of Miami Race & Social Justice Law Review

No abstract provided.

Sex, Gender And The Chemicals Management Plan, Dayna Nadine Scott, Sarah Lewis

Articles & Book Chapters

Chemical substances are found everywhere in our environment. As Chapter 1 makes clear, whether it be at home, outdoors, or in the workplace, we are continuously coming into contact with various chemicals through our air, water, food, cosmetics, clothes, personal care products, and everyday household items (Cooper, Vanderlinden, and Ursitti 2011; Program on Reproductive Health and the Environment 2008). As our detection methods improve, we are increasingly forced to confront the evidence of these exposures: biomonitoring studies now show that nearly everyone has measurable amounts of almost all known toxic chemicals stored somewhere in their bodies (CDC 2013; Environmental Defence …

Immigrant Victims, Immigrant Accusers, Michael Kagan

University of Michigan Journal of Law Reform

The U visa program provides immigration status to noncitizen victims of crime, ensuring unauthorized immigrants do not become easy prey because they are too afraid to seek help from the police. But under the federal government’s structuring of the U visa program, a victim must also become an accuser to receive immigration benefits. Thus, the U visa implicates the rights of third parties: accused defendants. These defendants are often immigrants themselves who may be deported when U visa recipients level their accusations. Recent state court decisions have created complications in the program by permitting defendants to cross-examine accusers about their …

Those Awful Tahrir Rapes, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This essay highlights the myriad ways in which street sexual harassment of women in Egypt, of which I argue the mass rapes of Tahrir are an egregious instance thereof, disciplines women's bodies. It describes briefly and dismisses the frameworks for understanding those practices proposed by the left, the right and the government. I also describe the role that law, in conjunction with its lax enforcement, plays in intensifying this regulation.

The essay uses purposefully the fighting radical feminist pronoun "we" to describe the predicament. I "am" an Egyptian women. I consider myself an ally in their attempt to understand, resist …

The Sistren: Ranking The Top 10 Female Supreme Court Justices, Meg Penrose

Faculty Scholarship

Of all the “best” and “worst” Supreme Court lists published, there has never been a listing of the Top Ten female Justices. The reason for this scholarly void is simple: only four women have served on the Court. Indeed, only five women have been nominated. I am pleased to present the first, though admittedly incomplete, listing of the Top Ten female Justices.

Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventeenth Century Colonial Virginia, Taunya Lovell Banks

Akron Law Review

After a brief discussion of English subjecthood in seventeen century England and the American colonies I explore the legal theories advanced in Elizabeth Key’s freedom suit to determine whether the factors considered by the judging parties continue to have validity in contemporary America. I conclude that treating Elizabeth’s claim only as a challenge to slavery is problematic because seventeenth century English judges, unfamiliar with modern slavery, were uncertain about the applicable common law principles to apply. Villeinage – English serfdom – was an imperfect analogy to African slavery; and even if villeinage principles were applied to Elizabeth’s case the outcome …

Anna Moscowitz Kross And The Home Term Part: A Second Look At The Nation's First Criminal Domestic Violence Court, Mae C. Quinn

Akron Law Review

This paper seeks to inform current conversations about dedicated domestic violence courts by shedding light on Kross’s remarkable early efforts to treat domestic violence prosecutions differently from other criminal matters and handle them in a designated court part. The story of Kross’s Home Term Part – the first specialized criminal domestic violence court in New York and perhaps the United States—is an important chapter in the history of intimate violence policies in this country. Recognition of Home Term is crucial to any complete account and understanding of our criminal justice system’s renewed efforts at judicial innovation through specialized “problem-solving” courts. …

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice Batlan

Akron Law Review

By examining the LHPA, this Article seeks, however modestly, to extend the Hurstian project. The Article argues that the LHPA, composed of a group of middle-class women interacting with their environment, neighbors, the courts, private businesses, and city and state officials, on a deeply local and quotidian basis, had a significant impact in shaping a multitude of New York City laws and law had a profound affect in creating and molding the work and identity of the organization.

The New Face Of Women's Legal History: Introduction To The Symposium, Tracy A. Thomas

Akron Law Review

The University of Akron School of Law organized a conference in October 2007 entitled “The New Face of Women’s Legal History” to showcase many of the seasoned and emerging scholars in the field. The joining together of law and history scholars including eleven presenters, four moderators, one keynote, and one-hundred participants, provided a welcomed opportunity to trigger new scholarly and professional synergies...The articles included in this symposium edition of the Akron Law Review provide an excellent sampling of the promising work underway in this nascent field. They each explore women’s historical use of the law to advance feminist discourse. True …

Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino Jd, Phd

Akron Law Review

n my recent research, I have been exploring the legal impact of advances in the neuroscience of gender, such as whether and how stakeholders are using recent studies finding structural and functional differences between male and female brains in an attempt to influence the law. I also have been examining whether and how stakeholders are using the neuroscience of both gender-specific and gender-prevalent health conditions to influence the interpretation of civil and regulatory health law. Today, I am going to explore how stakeholders are using advances in the neuroscience of three gender-specific and genderprevalent conditions (the postpartum mood disorders, premenstrual …

Contact That Can Kill: Orders Of Protection, Caller Id Spoofing And Domestic Violence, Gabriella Sneeringer

Chicago-Kent Law Review

The Illinois Domestic Violence Act (IDVA) was created as a means of providing protection and remedies to domestic violence victims through orders of protection. The orders of protection can insulate victims from abusers through a variety of ways such as mandating that the abuser be prohibited from contacting the victim by any means. Under the IDVA, any violation of the order is a crime. As technology advances, abusers begin using more and more technology as a means to circumscribe orders of protection. One such technology, Caller ID spoofing, is particularly problematic. This technology enables abusers to easily contact, stalk and …

Babies Behind Bars: An Evaluation Of Prison Nurseries In American Female Prisons And Their Potential Constitutional Challenges, Seham Elmalak

Pace Law Review

This note opens the prison doors and delves into the United States female prison system, primarily focusing on the positive and negative impact of nursery programs on mothers and children, along with potential constitutional claims that can be brought against these programs. Part I provides a general background about the American prison system, and briefly touches on the constitutional standards of prisoners’ rights. It also discusses the history and development of female prisons and illustrates the rapid increase of female incarceration. Part II focuses on the prevalence of mothers within the female population in prisons. Part III introduces prison nursery …

Stop Making Court A First Stop For Many Low Income Parents, Jane C. Murphy

All Faculty Scholarship

In the wake of the unrest over police misconduct in cities across the country, calls for reform have focused on the criminal justice system — making police, prosecutors, and criminal courts more accountable and just. While much work needs to be done in that arena, too little attention has focused on the ways in which low income families are hurt in civil courts. Many more men, women and children from low income communities of color pass through the doors of our family courts every day than those who interact with the criminal justice system. Some come to court as a …

“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler

Maryland Law Review

No abstract provided.

Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon

Marquette Law Review

“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …

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.

Boys, Rape And Masculinity: Reclaiming Boys' Narratives Of Sexual Violence In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines a little studied area at the intersections of masculinity, feminist studies, and criminal justice – sexual abuse of boys in custody by female staff. Professor Smith will outline the scope of the problem and discusses competing narratives that attempt to explain the phenomena: (1) female staff as “mother, sister, friend”; (2) adolescent development theory; (3) complex early childhood trauma; and (4) female authority and power. There is a gap in both masculinity and feminist theory in analyzing sexual aggression and power by women over boys. The talk will colclude with policy and practice prescription and recommendations for …

Constitutional Constraints On Asylum Termination By The United States Department Of Homeland Security, Jonathan Raz

Cardozo Law Review

No abstract provided.