Feminicidio Y Derecho A La Información En México: Dialéctica De La Impunidad,
2010
American University Washington College of Law
Feminicidio Y Derecho A La Información En México: Dialéctica De La Impunidad, Francesca Tronco García
American University International Law Review
No abstract provided.
Welcoming Women: Recent Changes In U.S. Asylum Law,
2010
University of Michigan Law School
Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake
Michigan Law Review First Impressions
The Statue of Liberty, which has been called the "Mother of Exiles," stands as a reminder of one of the foundational ideals of U.S. immigration policy-providing refuge to the vulnerable. Women worldwide have new reason to believe in this promise, because victims of domestic violence may now have a better chance of being granted asylum in a U.S. immigration court.
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement,
2010
United Nations High Commissioner for Refugees, Thailand
Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy
Michigan Journal of Gender & Law
Victims of human trafficking who seek international protection in their country of destination face a steep uphill battle. Special visa programs designed to regularize their status are often riddled with conditions that make them inaccessible to all but a very few victims. Despite widespread international agreement that the manifold harms inflicted upon the majority of trafficked persons generally rise to the level of persecution, and therefore that victims should be eligible to apply for asylum, many national courts misinterpret international refugee law standards and routinely deny refugee status to deserving applicants. Courts often refuse to recognize persecution on the basis …
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence,
2010
Thomas Jefferson School of Law
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Michigan Journal of Gender & Law
Our panel will be discussing recent developments in the intersex and transsexual communities. The transsexual community began to organize in the 1970s, but did not fully develop into a vibrant movement until the 1990s. The intersex movement was born in the mid-1990s and has rapidly developed a strong and influential voice. Recently, both movements have undergone profound changes and each has provided new and unique theoretical perspectives that can potentially benefit other social justice groups. The purpose of our dialogue today is to describe these developments and explore how feminists could potentially benefit from the theoretical frameworks that are being …
Sex Education And Rape,
2010
CUNY School of Law
Sex Education And Rape, Michelle J. Anderson
Michigan Journal of Gender & Law
In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …
Past As Prologue: Old And New Feminisms,
2010
Moritz College of Law, Ohio State University
Past As Prologue: Old And New Feminisms, Martha Chamallas
Michigan Journal of Gender & Law
Each "stage" of feminist legal theory-and each brand or strand of feminism- stays alive and is never completely replaced by newer approaches. When I first attempted to synthesize the field of Feminist Legal Theory for a treatise I was writing at the end of the twentieth century, I thought it would be useful to think chronologically and to analyze the major developments of the 1970s, 1980s, and 1990s. I crudely divided feminist legal theory into three stages roughly corresponding to the preceding decades: the equality stage of the 1970s, the difference stage of the 1980s, and the diversity stage of …
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants,
2010
Southern Methodist University, Dedman School of Law
Gender, Law, And Detention Policy: Unexpected Effects On The Most Vulnerable Immigrants, Carla L. Reyes
Faculty Journal Articles and Book Chapters
The United States immigration system is especially difficult for children to navigate. Advocates commonly argue that this difficulty stems largely from the poor fit resulting from the application of a system designed for adults to the reality of the child immigrant experience. Advocacy efforts, including those that resulted in changes to detention policy and substantive immigration law regarding Unaccompanied Alien Children (UAC), therefore focus on modifying the system to recognize children as subjects, rather than objects, of immigration law. This article argues that the present efforts to streamline the immigration detention and relief experience for UACs by combating adult-centered bias …
Reduced Hours, Full Success: Part-Time Partners In U.S. Law Firms,
2010
UC Law SF
Reduced Hours, Full Success: Part-Time Partners In U.S. Law Firms, Cynthia Thomas Calvert, Linda Bray Chanow, Linda Marks
UC Law SF Journal on Gender and Justice
When the Project for Attorney Retention ("PAR") was founded a decade ago, part-time partners were rare. Most associates who reduced their hours were taken off the partnership track either expressly or de facto; regardless of what the policy said, in most firms no part-time associate had ever been elevated to partner. Recognizing reduced hours work could not be a real option as long as it was a career ender, PAR developed a best practice balanced-hours policy, which helps eliminate the stigma associated with part-time and keeps those associates who work reduced hours developing professionally toward partnership. As the number of …
Crimes Without Punishment: Violence Against Women In Guatemala,
2010
UC Hastings College of the Law
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Faculty Scholarship
No abstract provided.
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010),
2010
John Marshall Law School
The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
International Advocate For Peace Award Acceptance Speech,
2010
Covington & Burling, LLP
International Advocate For Peace Award Acceptance Speech, Stuart E. Eizenstat
Cardozo Journal of Conflict Resolution
I feel very much at home here because I was here three or four year ago at a symposium at the law school-a panel with Adam Durshowitz and Erwin Cogler, who was then Administer of Justice of Canada, and others. I have also received an honorary doctorate from Yeshiva University, and I feel very much at home here. I just met Dean Dillard and Professor Love, but I have some longtime friends here: Professor Weisberg, who I will talk about in a moment, is one of the heroes of this whole episode; Eric Pan, your professor of Commercial and International …
The Time Has Come For The United States To Ratify The Convention On The Elimination Of All Forms Of Discrimination Against Women, 9 Wash. U. Global Stud. L. Rev. 195 (2010),
2010
John Marshall Law School
The Time Has Come For The United States To Ratify The Convention On The Elimination Of All Forms Of Discrimination Against Women, 9 Wash. U. Global Stud. L. Rev. 195 (2010), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Women's Leadership And Third-Wave Feminism,
2010
Gettysburg College
Women's Leadership And Third-Wave Feminism, Kathleen P. Iannello
Political Science Faculty Publications
Leadership is a term that women strive to claim as their own. Whether in the halls of Congress, the corporate boardroom, or the privacy of the home, women’s leadership challenges traditional notions of the concept. Throughout the ages images of leadership feature men in uniform and men in positions of power, whether it be military, government, or market. The traditional view of leaders is imbued with male images of “heroes,” who issue orders, lead the troops—save the day. But leadership has another face. It is the face of Abigail Adams admonishing her husband to “Remember the Ladies” in the formation …
Alma Mater: Clara Floltz And Hastings College Of Law,
2010
UC Law SF
Alma Mater: Clara Floltz And Hastings College Of Law, Barbara Babcock
UC Law SF Journal on Gender and Justice
No abstract provided.
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna,
2010
UC Law SF
Probable Cause From Probable Bonds: A Genetic Tattle Tale Based On Familial Dna, Jessica D. Gabel
UC Law SF Journal on Gender and Justice
DNA represents the "gold standard" of evidence that solves crimes and obtains convictions. Law enforcement agencies increasingly turn to national and local DNA databanks to generate possible suspects. These searches may "hit" upon databank samples that only partially match the DNA left at a crime scene. The value in a partial match is that it might identify a relative of the perpetrator. Some states have embraced this technique - called familial DNA testing - as a harmless additive to traditional or routine investigatory methods, but at least one state has explicitly banned its use. This Article examines the scientific, legal, …
Disrupting Sexual Categories Of Intimate Preference,
2010
UC Law SF
Disrupting Sexual Categories Of Intimate Preference, Luke A. Boso
UC Law SF Journal on Gender and Justice
The Article first explores what "discrimination" in the intimate realm may mean, and it discusses the ineffective application of traditional legal antidiscrimination measures in favor of Professor Vicki Shultz's "disruption" model. The disruption model looks at institutional practices rather than individual intent, explaining that discrimination occurs when institutions create differential categories and apply hierarchical meanings to those categories. The Article then critically examines "sexual orientation" as an incoherent and oppressive social construct in need of disruption. Finally, the Article demonstrates the ways in which the law has created rigidly defined categories of sex, gender, and sexual identity (all inextricable components …
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians,
2010
UC Law SF
Still Pioneers: Special Social And Economic Hardships For Elderly Gays And Lesbians, Annick Persinger
UC Law SF Journal on Gender and Justice
This Note will first discuss the social factors that make accessing retirement and support services problematic for lesbian and gay elders, such as ageism in the gay and lesbian community and heterosexual-focused retirement institutions. Part II will investigate how federal law and policy affects lesbian and gay elders' ability to obtain health care benefits and save for retirement. Part III will examine state and municipal solutions for same-sex couples, in the face of federal discrimination. Part IV will illustrate the necessity of acquiring an attorney because of the challenges in preparing for a lesbian or gay elder's incompetence, and the …
Poems By Richard Krech,
2010
UC Law SF
Poems By Richard Krech, Richard Krech
UC Law SF Journal on Gender and Justice
No abstract provided.
All Carrots And No Sticks: Moving Beyond The Misapplication Of Burlington Industries, Inc. V. Ellerth,
2010
UC Law SF
All Carrots And No Sticks: Moving Beyond The Misapplication Of Burlington Industries, Inc. V. Ellerth, E. Jacob Lindstrom
UC Law SF Journal on Gender and Justice
In pair of 1998 cases, Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, the U.S. Supreme Court crafted a new framework for employer liability in sexual harassment cases. Thenceforth, employers were to be strictly liable for the harassment of employees by supervisors, but employers would also be able to employ an affirmative defense if (a) the employer acted reasonably in preventing and correcting harassment and (b) the employee acted unreasonably in avoiding or stopping the harassment. The Court marketed this new framework as a compromise between the competing values of eliminating harassment (hence, strict liability) and …
Crimes Without Punishment: Violence Against Women In Guatemala,
2010
UC Law SF
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
UC Law SF Journal on Gender and Justice
In Guatemala, impunity for the battering and killing of women is at such levels that perpetrators rightly feel confident that there is no price to pay for their unrestrained violence. Each year the number of women murdered rises precipitously, and there is general consensus that the impunity enjoyed by those responsible is a significant factor in the escalating numbers of killings in Guatemala. As a result, victims are fleeing persecution to the United States, seeking, with little success, asylum. One of the main factors contributing to the delay in deciding asylum cases is the government's fear of "opening the floodgates," …
