Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project,
2012
American University Washington College of Law
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project, Susana Sacouto
Michigan Journal of Gender & Law
The question this Article poses is whether victim participation--one of the most recent developments in international criminal law--has increased the visibility of the actual lived experience of survivors of sexual and gender-based violence in the context of war, mass violence, or repression. Under the Rome Statute, victims of the world's most serious crimes were given unprecedented rights to participate in proceedings before the Court. Nearly a decade later, a similar scheme was established to allow victims to participate as civil parties in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Extraordinary Chambers), a court created …
Civil Marriage: Threat To Democracy,
2012
University of Toledo College of Law
Civil Marriage: Threat To Democracy, Jessica Knouse
Michigan Journal of Gender & Law
This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing,
2012
Bar-Ilan University, Ramat-Gan, Israel
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach
Michigan Journal of Gender & Law
Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …
No Contact Parole Restrictions: Unconstitutional And Counterproductive,
2012
University of Michigan Law School
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
Michigan Journal of Gender & Law
Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law,
2012
University of St. Thomas Law School
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.
Michigan Journal of Gender & Law
On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …
Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption,
2012
Gonzaga University School of Law
Displaced Mothers, Absent And Unnatural Fathers: Lgbt Transracial Adoption, Kim H. Pearson
Michigan Journal of Gender & Law
While some might believe that Black versus gay discourse only surfaces in highly politicized settings like the military and marriage, it holds sway in the area of LGBT transracial adoption. LGBT transracial adoptions are a relatively small percentage of all adoptions, which include private adoptions, LGBT second-parent adoptions, and step-parent adoptions, but they are an important site for interrogating the Black versus gay discourse because adoption and custody decisions often address parent-child transmission. When claims intersect, as they do in a case where a White LGBT foster parent and a Black maternal grandmother dispute the adoption of a Black child, …
Limiting The Affirmative Defense In The Digital Workplace ,
2012
University of Michigan Law School
Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie
Michigan Journal of Gender & Law
From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …
Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions,
2012
University of Richmond
Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf
Richmond Journal of Law and the Public Interest
This Comment contends that cultural and legal representations of breastfeeding in custody determinations highlight contradictory notions of motherhood and family that mirror liberal and conservative family traditions thought to be long dead.
Feminist Legal Realism,
2012
University of the District of Columbia
Feminist Legal Realism, Mae C. Quinn
Journal Articles
This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those considered realists— and there are …
From The Bench To The Screen: The Woman Judge In Film,
2012
Widener University School of Law
From The Bench To The Screen: The Woman Judge In Film, Laura Krugman Ray
Cleveland State Law Review
Although there has been a dramatic increase in the number of women judges over the past half century, their cinematic counterparts have failed to reflect that change. This Article explores the paradoxical relationship between social reality and its representation on screen to identify a lingering resistance to the idea of women exercising judicial power. The Article first examines the sparse history of women judges as central characters in films of the 1930s, finding the tension in those films between judicial authority and domestic happiness. It then turns to Hollywood’s romantic comedies of the 1940s, which resolved that tension through the …
Comparative Pragmatism,
2012
University of Maryland Francis King Carey School of Law
Authentic Reproductive Regulation,
2012
Elisabeth Haub School of Law at Pace University
Authentic Reproductive Regulation, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
In this response to I. Glenn Cohen’s article, Regulating Reproduction, Professor Crawford notes the ways in which Professor Cohen’s questioning of “best interests” logic challenges legal scholars to reexamine received wisdom. She then evaluates Professor Cohen’s critique of “best interests” in the context of income taxation of surrogates. Professor Crawford concludes that Professor Cohen’s “unmasking” project—designed to reveal the authentic reasons for reproductive regulation—enhances the discourse about reproductive law and policy
The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice,
2012
Ford Foundation
The Modern Hiv/Aids Epidemic And Human Rights In The United States: A Lens Into Lingering Gender, Race, And Health Disparities And Cutting Edge Approaches To Justice, Brook Kelly
University of Baltimore Law Review
No abstract provided.
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba,
2012
University of North Carolina School of Law
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
University of Baltimore Law Review
No abstract provided.
Symposium Foreword: Applying Feminism Globally,
2012
University of Baltimore School of Law
Symposium Foreword: Applying Feminism Globally, Margaret E. Johnson
University of Baltimore Law Review
No abstract provided.
From Multiculturalism To Technique: Feminism, Culture And The Conflict Of Laws Style,
2012
Duke Law School
From Multiculturalism To Technique: Feminism, Culture And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
Faculty Scholarship
The German chancellor, the French president and the British prime minister have each grabbed world headlines with pronouncements that their state’s policy of multiculturalism has failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non-Western countries, revolve around the treatment of women. Yet there is also a widely noted brain drain from feminism. Feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of “culture.” …
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review,
2012
Duke Law School
Feminist Legal Scholarship: A History Through The Lens Of The California Law Review, Katharine T. Bartlett
Faculty Scholarship
This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing assumptions, ideals, and implications of these formulations. It describes frameworks of thought intended to compensate for the limitations of equality doctrine, including critical legal feminism, different voice theory, and nonsubordination theory, and the relationships between these frameworks. Finally, it identifies feminist legal scholarship that has crossed the disciplinary bound-aries of law. …
Living Art,
2012
UC Law SF
Living Art, Jaime S. King
UC Law SF Journal on Gender and Justice
In this narrative, Professor Jaime King explores her personal experience as a patient undergoing in vitro fertilization after studying the procedure as part of her doctoral dissertation in Health Policy and Ethics. Professor King reveals the challenges of being a patient when faced with medical uncertainty and a more paternalistic minded physician. She then argues in favor of changing informed consent law and physician practice patterns to promote the use of shared decision-making in order to improve medical decision-making in the context of IVF.
Body Art On Children's Bodies: Should It Be Up To Parents To Decide,
2012
UC Law SF
Body Art On Children's Bodies: Should It Be Up To Parents To Decide, Inna Volkova
UC Law SF Journal on Gender and Justice
Legislation in certain states has placed limitations on children's ability to acquire piercings or tattoos until the age of 18-irrespective of parental consent. This note argues against this type of legislation and instead advocates for parental consent to be the authority in this process. Taking into account the modern trend of body piercings and tattoos, the path of educating minors about possible health risks would accomplish the government's objective of decreasing piercings and tattoos amongst youth, without banning their rights to self expression. It is important to acknowledge the exception carved out for soft ear lobe piercings which is based …
Fundamental Rights For Women: Applying Log Cabin Republicans To The Military Abortion Ban,
2012
UC Law SF
Fundamental Rights For Women: Applying Log Cabin Republicans To The Military Abortion Ban, Hillary Hansen
UC Law SF Journal on Gender and Justice
Controversial policies in the United States Armed Forces like the ban on abortions in military facilities and the discharge of openly homosexual service members under Don't Ask Don't Tell (DADT) have disproportionately deprived service women of the fundamental rights they fight to protect. These policies pose serious threats to the safety and efficacy of female military personnel forcing them to make impossible decisions regarding their health, intimate relationships, and military careers. While the 111th Congress successfully repealed DADT, efforts to repeal the abortion ban fell short. This note compares and contrasts the substantive details and legislative history of these two …
