Religion And Marriage Equality Statutes,
2015
Brooklyn Law School
Religion And Marriage Equality Statutes, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Title Ix-A New Frontier For The Rights Of Transgender Youth? The Demand For Federal Regulations Clarifying The Act's Applicability,
2015
Benjamin N. Cardozo School of Law
Title Ix-A New Frontier For The Rights Of Transgender Youth? The Demand For Federal Regulations Clarifying The Act's Applicability, Elias Shebar
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
A Provocative Defense,
2015
University of Colorado Law School
A Provocative Defense, Aya Gruber
Publications
It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing,
2015
University of Colorado Law School
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Publications
Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …
Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry,
2015
Dalhousie University - Schulich School of Law
Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay
Reports & Public Policy Documents
In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …
Incarcerated Child Birth And “Broader Birth Control”: Autonomy, Regulation, And The State,
2015
Seattle University School of Law
Incarcerated Child Birth And “Broader Birth Control”: Autonomy, Regulation, And The State, Deborah Ahrens
Faculty Articles
In recent years, the scholarly literature, the journalistic press, and even pop culture have begun to grapple with the many ways in which prison life works to degrade and dehumanize female prisoners, particularly pregnant women and new mothers. These voices are drawn — quite understandably — to the worst abuses, to practices (such as the shackling of laboring women) that underscore the dichotomy between the brutality of prison life and the allegedly autonomous norms governing pregnancy and parenting in the outside world. This article supplements — and in crucial places challenges — the narrative implicit in those depictions by, first, …
Transitions: From Danielle To Daniel, From Victim To Advocate,
2015
Annie E. Casey Foundation’s Juvenile Justice Strategy Group Youth Advisory Council
Transitions: From Danielle To Daniel, From Victim To Advocate, Daniel Bryner, Starcia Ague
Seattle Journal for Social Justice
No abstract provided.
Girls’ Court: A Gender Responsive Juvenile Court Alternative,
2015
CAIR Project/ Justice for Girls Coalition
Girls’ Court: A Gender Responsive Juvenile Court Alternative, Wendy S. Heipt
Seattle Journal for Social Justice
No abstract provided.
State’S Highest Bench Approves Reduced Charges For Hiv Transmission,
2015
New York Law School
State’S Highest Bench Approves Reduced Charges For Hiv Transmission, Arthur S. Leonard
Other Publications
No abstract provided.
The Myth Of Obsolete Obscenity,
2015
Salmon P. Chase College of Law
The Myth Of Obsolete Obscenity, Jennifer M. Kinsley
Cardozo Arts & Entertainment Law Journal
No abstract provided.
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing,
2015
New York Law School
5th Circuit Likely To Strike Down Gay Marriage Bans: An Analysis Of The Hearing, Ari Ezra Waldman
Other Publications
No abstract provided.
Lesbian Palimony Claim Can Proceed In Illinois,
2015
New York Law School
Lesbian Palimony Claim Can Proceed In Illinois, Arthur S. Leonard
Other Publications
No abstract provided.
No Religious Out For Firefighters Staffing Engine In Pride Parade,
2015
New York Law School
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
Other Publications
No abstract provided.
Gendering The Compliance Agenda: Feminism, Human Rights And Violence Against Women,
2015
University of Toronto
Gendering The Compliance Agenda: Feminism, Human Rights And Violence Against Women, Megan Louise Pearce
Cardozo Journal of Equal Rights & Social Justice
The article argues that while the due diligence standard in international human rights law has been a significant step forward in addressing violence against women, it has not yet delivered real change. The gap between legal promise and reality persists, and the article contends that addressing this gap requires integrating feminist insights into compliance theories. By applying feminist critiques to these theories, the article seeks to illuminate why the due diligence standard has been ineffective in eliminating violence against women and to highlight areas for future research.
Accident Of Birth Or Matter Of Choice: Legal Recognition Of Transsexual People In The Common Law,
2015
Harvard Law School
Accident Of Birth Or Matter Of Choice: Legal Recognition Of Transsexual People In The Common Law, Kevin K.S. Tso
Cardozo Journal of Equal Rights & Social Justice
The purpose of the Article is to look at the recognition-or lack thereof-of transsexual people at common law in relation to the "proper" sex and gender with which they associate themselves. This Article will begin by addressing and defining transsexualism and how the medical community's position on this topic has evolved over the years. It will then look at the historical foundations of transsexualism in the common law, especially at the Corbett decision that held sway in England and Wales for over thirty-five years and was followed internationally. The Article will then provide an overview of the current positions in …
Challenge It, Choose It, Or Change It: Ethics Of Sexual Orientation Conversion Therapy For Minors,
2015
Southern Poverty Law Center
Challenge It, Choose It, Or Change It: Ethics Of Sexual Orientation Conversion Therapy For Minors, Scott Mccoy, Tia Powell, Hayley Gorenberg, Matthew Shurka, Stephen Hayford, Brad Hoylman, Edward Stein
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms,
2015
Benjamin N. Cardozo School of Law
To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Dressed To Oppress? An Analysis Of The Legal Treatment Of The First Amendment And Its Effect On Muslim Women Who Wear Hijabs,
2015
Benjamin N. Cardozo School of Law
Dressed To Oppress? An Analysis Of The Legal Treatment Of The First Amendment And Its Effect On Muslim Women Who Wear Hijabs, Nida Alvi
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal treatment of Muslim women's right to wear hijabs in the United States, arguing that while the First Amendment protects religious expression, Muslim women often face discrimination and undue burdens in schools, employment, and public spaces. The analysis highlights how courts and institutions frequently question the sincerity of their religious beliefs and impose assimilationist pressures, undermining true religious freedom.
Annotated Legal Bibliography On Gender,
2015
Yeshiva University, Cardozo School of Law
Annotated Legal Bibliography On Gender
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Nowhere To Run, Nowhere To Hide: The Absence Of Public Policy On Intimate Partner Violence Abrogates The Rights To Health Care And Bodily Integrity Under The South African Constitution,
2015
University of the Witwatersrand, South Africa
Nowhere To Run, Nowhere To Hide: The Absence Of Public Policy On Intimate Partner Violence Abrogates The Rights To Health Care And Bodily Integrity Under The South African Constitution, Stu Woolman, Courtenay Sprague
Cardozo Journal of Equal Rights & Social Justice
An estimated 31-55% of South African women experience lfetime intimate partner violence ("IPV'). The imminent danger of physical, psychological or sexual violence that all South African women face daily not only threatens their very existence, it impairs their development and agency, and thus the ability of each woman to pursue a lfe that reflects her own comprehensive vision of a fulfilling way of being in the world. This article first establishes the legal basis for the proposition that the South African Constitution and South Africa's international obligations require a form of public intervention that has the ability to diminish IP …
