Law and Gender Commons^™

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

The Limits Of Reproductive Rights In Improving Women's Health, Rachel Rebouché

UF Law Faculty Publications

South Africa's Choice on Termination of Pregnancy Act (CTOPA) is heralded as one of the most progressive abortion laws in the world. The law permits unfettered access to government-funded abortion services for all women through the twelfth week of gestation, stating in its preamble that "every woman [has] the right to choose whether to have an early, safe and legal termination of pregnancy according to her individual beliefs." Despite increased availability of legal abortions' (and the inclusion of rights to reproductive health care and decision-making in South Africa's Constitution), the number of illegal terminations in South Africa does not appear …

Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean

American University International Law Review

No abstract provided.

Introduction To Symposium Issue, Uncovered: The Policing Of Sex Work, Hannah Haksgaard

Faculty Publications

No abstract provided.

Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig

Articles, Book Chapters, & Popular Press

The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities.

In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through …

Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig

Articles, Book Chapters, & Popular Press

The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities. In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through …

Gender And Invention: Mapping The Connections, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Aryans, Gender, And American Politics, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This short essay discusses some of the ways in which the Aryan movement in America activates gendered beliefs for the goal of legal, political, and cultural transformation. In recent years, the community has moved from common law theories of white sovereignty to more robust forms of racial constitutionalism. The piece is drawn from "America's Forgotten Constitutions: Defiant Visions of Power and Community"

Proposition 26: The Cost To All Women, Emma S. Ketteringham, Allison Korn, Lynn M. Paltrow

Faculty Scholarship

No abstract provided.

The North Carolina Association Of Women Attorneys: Creating Camaraderie, Nurturing Leaders, And Protecting The Rights Of Women, Carolyn Mcallaster, Jennifer Brobst

Faculty Scholarship

No abstract provided.

Does Critical Mass Matter? Views From The Board Room, Lissa Lamkin Broome, John M. Conley, Kimberly D. Krawiec

Faculty Scholarship

In this Article, we report and analyze the results of forty-six wide-ranging interviews with corporate directors and other relevant insiders on the general topic of whether and how the racial, ethnic, and gender composition of corporate boards matters. In particular, we explore their views on the concept of “critical mass” — that is, the theory that women and racial or ethnic minorities are unlikely to have an impact in the boardroom until they grow from a few tokens into a considerable minority of the board.

In contrast to other recent qualitative research on corporate boards, we find more limited support …

Judging Women, Mitu Gulati, Stephen J. Choi, Mirya Holman, Eric A. Posner

Faculty Scholarship

Judge Sonia Sotomayor’s assertion that female judges might be “better” than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. We find that the male and female judges perform at about the same level. Roughly similar findings show up in data from the …

African Customary Law, Customs, And Women's Rights, Muna Ndulo

Cornell Law Faculty Publications

The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is …

An Equal Rights Amendment To Make Women Human, Ann Bartow

Elisabeth Haub School of Law Faculty Publications

Though the Fourteenth Amendment' provides women with partial legal armament (a dull sword, a small shield), equal protection requires something twice as powerful in the form of a Twenty-Eighth Amendment that would expressly vest women with equal rights under the law. The Fourteenth Amendment has completed only half of the job.

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …

Procuring Meaningful Land Rights For The Women Of Rwanda, Aparna Polavarapu

Scholarly Works

Land reform and gender equality are important development issues in post-Genocide Rwanda. Beginning in 1999, the government of Rwanda passed and implemented reforms which granted women rights to own and use land on an equal status with men. However, as is expected with widespread social reform, obstacles continue to inhibit widespread gender equality in practice. In Rwanda, major social obstacles manifest in the form of (1) resistance to allowing daughters to inherit land from their parents, (2) adherence to assumptions of female inferiority, and (3) the persistence of informal marriages, in which wives remain unprotected by the new laws. Interested …

Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.

Smith And Women's Equality, Leslie C. Griffin

Scholarly Works

No abstract provided.

Will We Finally See Courtroom Debate?, Arthur S. Leonard

Other Publications

No abstract provided.

Feminism And Feminist Scholarship Today, Amrita Basu

Journal of Feminist Scholarship

No abstract provided.