Law and Gender Commons^™

Symposium Foreword: Applied Feminism And Democracy

University of Baltimore Law Review

No abstract provided.

Equality Arguments For Abortion Rights, Neil S. Siegel, Reva B. Siegel

Faculty Scholarship

Roe v. Wade grounds constitutional protections for women’s decision wheth­er to end a pregnancy in the Due Process Clauses. But in the four decades since Roe, the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right. In this Essay, we describe some distinctive features of equality arguments for abortion rights. We then show how, over time, the Court and individual Justices have begun to employ equal­ity arguments in analyzing the constitutionality of abortion restrictions. These arguments first appear inside of substantive due process case law, and then as claims …

Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner

Faculty Scholarship

In the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection offormal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, Israel, …

The Rise Of The Transgender Child: Overcoming Societal Stigma, Institutional Discrimination, And Individual Bias To Enact And Enforce Nondiscriminatory Dress Code Policies, Holly V. Franson

University of Colorado Law Review

School districts are often called upon to adapt school policies in response to changing student populations, and transgender students appear to be an emerging student population. Schools should adopt nondiscriminatory and inclusive dress code policies to accommodate transgender students. Recently, awareness and advocacy on behalf of children who can be classified as transgender have increased. Unfortunately, despite this increase in awareness and advocacy, transgender students continue to face unique obstacles in the school environment, including bullying, as a result of being transgender. Because the primary means through which transgender students express their identified genders is through their dress, schools should …

City Faces Trans Woman’S Claim Of Hostile Treatment, Arthur S. Leonard

Other Publications

No abstract provided.

Us Ninth Circuit Revives Russian Gay Asylum Seeker’S Bid, Arthur S. Leonard

Other Publications

No abstract provided.

What If No Majorities Emerge On Doma, Prop 8?, Arthur S. Leonard

Other Publications

No abstract provided.

Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss

Scripps Senior Theses

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …

The Methodological Imperatives Of Feminist Ethnography, Richelle D. Schrock

Journal of Feminist Scholarship

Feminist ethnography does not have a single, coherent definition and is caught between struggles over the definition and goals of feminism and the multiple practices known collectively as ethnography. Towards the end of the 1980s, debates emerged that problematized feminist ethnography as a productive methodology and these debates still haunt feminist ethnographers today. In this article, I provide a concise historiography of feminist ethnography that summarizes both its promises and its vulnerabilities. I address the three major challenges I argue feminist ethnographers currently face, which include responding productively to feminist critiques of representing "others," accounting for feminisms' commitment to social …

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.

Moving Beyond "Slaves, Sinners, And Saviors": An Intersectional Feminist Analysis Of Us Sex-Trafficking Discourses, Law And Policy, Carrie N. Baker

Journal of Feminist Scholarship

This article analyzes stories and images of sex trafficking in current mainstream US public discourses, including government publications, NGO materials, news media, and popular films. Noting the similarities and differences among these discourses, the first part demonstrates that they often frame sex trafficking using a rescue narrative that reiterates traditional beliefs and values regarding gender, sexuality, and nationality, relying heavily on patriarchal and orientalist tropes. Reflecting this rescue narrative, mainstream public policies focus on criminal justice solutions to trafficking. The second part suggests alternative frameworks that empower rather than rescue trafficked people. The article argues that the dominant criminal justice …

The Slutwalk Movement: A Study In Transnational Feminist Activism, Joetta L. Carr

Journal of Feminist Scholarship

In the past two years the term "slut" ricocheted through the North American media and showed up on signs and banners on every continent as young feminists and their allies launched a series of demonstrations under the name of SlutWalks. In January 2011, a Toronto police officer told students at York University that if women wanted to avoid rape they should not dress like sluts. This incident sparked international outrage, with protests spreading quickly throughout the world, and revealed the misogyny and victim-blaming vitriol that characterize contemporary patriarchal culture. In the wake of the global SlutWalk movement, important questions have …

Breaking The Gender Binary: Feminism And Transgressive Female Desire In Lucía Etxebarria's Beatriz Y Los Cuerpos Celestes And La Eva Futura/La Letra Futura, Lauren Applegate

Journal of Feminist Scholarship

The popular texts of Spanish author Lucía Etxebarria have created a polemical social phenomenon in contemporary Spain for their blatant depiction of a world of violence, drugs, and experimental sex of the late-millennium youth culture of Generación X. These topics, along with Etxebarria's public persona and feminist ideology, have fomented much public criticism and given rise to discussion of the current status of feminism, gender norms, and women's authorship in Spain today. This article analyzes Etxebarria's novel Beatriz y los cuerpos celestes and her collection of feminist essays La Eva futura/La letra futura, demonstrating that Etxebarria's depiction of female desire …

Third Wave Feminism's Unhappy Marriage Of Poststructuralism And Intersectionality Theory, Susan Archer Mann

Journal of Feminist Scholarship

This article first traces the history of unhappy marriages of disparate theoretical perspectives in US feminism. In recent decades, US third-wave authors have arranged their own unhappy marriage in that their major publications reflect an attempt to wed poststructuralism with intersectionality theory. Although the standpoint epistemology of intersectionality theory shares some common ground with the epistemology of poststructuralism, their epistemological assumptions conflict on a number of important dimensions. This contested terrain has generated serious debates within the third wave and between second- and thirdwave feminists. The form, content, and political implications of their "unhappy marriage" are the subject of this …

Toward A New Age Of Consumer Access Rights: Creating Space In The Public Accommodation For The Lgbt Community, Justin Muehlmeyer

Cardozo Journal of Equal Rights & Social Justice

The article advocates for an expanded interpretation of public accommodation laws to include LGBT individuals, arguing that current legal frameworks often fail to address their unique experiences of discrimination. It emphasizes the need to modernize the definition of public accommodations to encompass contemporary spaces where cultural interactions occur, such as schools and photography services, while proposing limited exemptions to accommodate religious beliefs. The analysis underscores the ongoing tension between anti-discrimination laws and First Amendment rights, highlighting the human impact of these legal battles through compelling cases and statistics.

Panel 1: Race To The Vote, Kristen Clarke, Keesha Gaskins, Ekow Yankah, Janai Nelson

Cardozo Journal of Equal Rights & Social Justice

Symposium: By the People, for the People... But Which People? (January 30, 2013)

Black Women's Post-Slavery Silence Syndrome: A Twenty-First Century Remnant Of Slavery, Jim Crow, And Systemic Racism--Who Will Tell Her Stories?, Patricia A. Broussard

Journal Publications

One hot summer's day in the late 1950s, a young mother put her three young children down for a nap. She also bathed and prepared four of her sister's children for naptime. This young woman had volunteered to care for her nephew and nieces while their mother, her younger sister, was in the hospital delivering her fifth child. A short while after putting all of the children in their beds, the children's father, her brother-in-law, knocked on the door. The young woman assumed that he had come over to see his children and to bring them news of their mother …

She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl

Michigan Journal of International Law

In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Publications

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims of intimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth.

While the situation that gave rise to the battered women's movement in the 1970s is often presumed …

Leniency As A Miscarriage Of Race And Gender Justice, Aya Gruber

Publications

No abstract provided.