Law and Gender Commons^™

Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis

Cardozo Journal of Equal Rights & Social Justice

The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.

The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.

Gender And Invention: Mapping The Connections, Victoria Phillips

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Scientific Productivity And Gender Performance Under Open And Proprietary Science Systems: The Case Of Chile In Recent Years, Bernadita Escobar Andrae

American University Journal of Gender, Social Policy & the Law

No abstract provided.

“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Eligible Patent Matter—Gender Analysis Of Patent Law: International And Comparative Perspectives, Shlomit Yanisky-Ravid

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Do Patents Have Gender?, Dan L. Burk

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Birthing Barbarism: The Unconstitutionality Of Shackling Pregnant Prisoners , Claire Louise Griggs

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury

Faculty Publications

This article examines the global export of domestic U.S. legal projects and strategies in the realm of family law and gender justice to South Asia. While such projects have undoubtedly achieved substantial gains for women in the U.S., there have also been costs. At a remove of two decades, scholars have now begun to theorize those costs and argue that feminism needs to reconsider its commitments to particular projects that have been held central to women’s emancipation. Yet much of these critiques have not reached the transnational women’s movements that are led by U.S. feminist activists and scholars. Relying on …

Bad Girls Of Art And Law: Abjection, Power, And Sexuality Exceptionalism In (Kara Walker’S) Art And (Janet Halley’S) Law, Adrienne D. Davis

Scholarship@WashULaw

This paper seeks to make some connections between legal theorist Janet Halley and contemporary artist Kara Walker. It compares their recent oeuvre to show how both reject understandings of the interplay of sex, power, and subordination proffered by conventional “justice projects” - specifically civil rights’ and feminism’s articulations of bodily violence and violation as key modes of racial and gender injury and subordination. Neither of these two is the first to dispute such accounts of injury and identity; yet, what distinguishes them is that both attempt to ground their theoretical and aesthetic indictments in the notion of abjection, or the …

Erotic Entitlements Part I: A Reply To Sex Therapy In The Age Of Viagra: “Money Can’T Buy Melove”, Adrienne D. Davis

Scholarship@WashULaw

This is the first of three inquiries into what might be thought of as erotic entitlement. It explores the role of the erotic in regulatory and distributive regimes. Conceived as a reply to Susan Stiritz and Susan Appleton‘s provocative and rich essay Sex Therapy in the Age of Viagra, it starts by summarizing the innovations of their argument. It next uses their paper to pose some questions. First, in this time of contentious feminist, constitutional, and human rights sexual discourse, how is the erotic defined? How is the erotic related to and distinct from desire, the sexual, and even the …

Introduction To The Symposium: Access To Justice: Mass Incarceration And Masculinity Through A Black Feminist Lens, Adrienne D. Davis, Annette R. Appell

Scholarship@WashULaw

This Introduction to the Symposium, Race to Justice: Mass Incarceration and Masculinity through a Black Feminist Lens, rehearses the animating forces that led to a colloquium and a series of papers that explore the question of mass incarceration and the negative state engagement surrounding it through gendered and feminist lenses. The Introduction explains how an analysis of mass incarceration through the lens of gender complicates what is often conceived as a story about race. Instead mass incarceration can be more deeply understood through its gendered effects on men and the women and children connected to those men. These connections include …

State Power, Religion, And Women's Rights: A Comparative Analysis Of Family Law, Mala Htun, S. Laurel Weldon

Indiana Journal of Global Legal Studies

Examining cross-national variation in family law, we find that many countries have reformed to promote sex equality. Yet a significant group retains older laws that discriminate against women. These variations reflect the diverse institutional legacies of these societies, conforming closely-but not entirely-to inherited legal traditions: civil law, common law, and postsocialist countries are the most egalitarian, while countries applying religious law are the least. Yet change is possible, even in unlikely contexts. Political conjunctures that disarm religious, nationalist, and fundamentalist opponents can open windows of opportunity for liberalizing reform.

Human Rights and Legal Systems Across the Global South, Symposium, Indiana …

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Michigan Journal of International Law

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …

United Nations Security Council Resolution 1325 On Women, Peace, And Security — Is It Binding? , Kwadwo Appiagyei-Atua

Human Rights Brief

No abstract provided.

Interview: Layli Miller-Muro, Elizabeth S. Francis

Human Rights Brief

No abstract provided.

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.

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Cardozo Law Review

No abstract provided.

Green Jackets In Men's Sizes Only: Gender Discrimination At Private Country Clubs, Thaddeus M. Lenkiewicz

Vanderbilt Journal of Transnational Law

On November 3, 2009, the Supreme Court of Ireland held that the Portmarnock Golf Club could maintain its rule prohibiting female membership free from the sanctions of Ireland's antidiscrimination laws. Portmarnock is representative of the numerous private golf clubs that continue to promote discrimination against women. Despite significant advances in gender equality, private country clubs in the United States, the United Kingdom, and Ireland remain bastions of codified gender discrimination. Many of the most prominent golf clubs hold firmly to discriminatory policies established generations ago. Opposition to these policies has come in various forms of protest and litigation, with mixed …

Discrimination By Comparison, Suzanne B. Goldberg

Faculty Scholarship

Contemporary discrimination law is in crisis, both methodologically and conceptually. The crisis arises in large part from the judiciary's dependence on comparators – those who are like a discrimination claimant but for the protected characteristic – as a favored heuristic for observing discrimination. The profound mismatch of the comparator methodology with current understandings of identity discrimination and the realities of the modern workplace has nearly depleted discrimination jurisprudence and theory. Even in run-of-the-mill cases, comparators often cannot be found, particularly in today's mobile, knowledge-based economy. This difficulty is amplified for complex claims, which rest on thicker understandings of discrimination developed …