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," …
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You,
2010
UC Law SF
Am I That Race - Punjabi Mexicans And Hybrid Sensitivity, Or How To Do Theory So That It Doesn't Do You, Faljuni A. Sheth
UC Law SF Journal on Gender and Justice
This paper explores the conceptual and racial status of "Punjabi Mexicans" at the turn of the twentieth century. In the literature, this group appears to be a "given," i.e., it is portrayed as a coherent identity that emerges from a simple set of circumstances. Yet, it is anything but a given; its existence and its collective and individual consciousness is created out of a complex nexus of legal, political, social, and natural environments that spurred the migration of East-Indian men and Mexican women from their homelands and to their adopted lands. By understanding human beings as subjects rather than as …
Lost In Forest Grove: Interpreting Idea's Inherent Paradox,
2010
UC Law SF
Lost In Forest Grove: Interpreting Idea's Inherent Paradox, Natalie Pyong Kocher
UC Law SF Journal on Gender and Justice
The passage of the Individuals with Disabilities Education Act ("IDEA"), a major civil rights bill, provided children with disabilities heightened access to education. At the heart of the IDEA is a school district's responsibility to provide each child with an individualized education, often referred to as a "free appropriate public education" ("FAPE"). Where a public school district is itself unable to provide a FAPE, IDEA requires the district to pay for the student's enrollment in a private school. Courts initially interpreted IDEA to require that parents give public school districts an opportunity to provide a FAPE before removing their child …
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct,
2010
UC Law SF
Use Of Female Interrogators: The Analysis Of Sexualized Interrogations The Detainee Interrogation Working Group Did Not Conduct, Celia Rumann
UC Law SF Journal on Gender and Justice
In the years following the Abu Ghraib scandal, it has become apparent that Lynndie England was punished for the crime of providing the world with photographic evidence of a government policy of using sexuality as a weapon of war. Ms. England's actions were not, as has been asserted, borne of whole cloth out of the sexually deviant minds of young soldiers bent on exploiting prisoners for their own amusement. Rather, they embodied the arguably extreme end of the systematic work of the United States government to engage in sexually deviant exploitation of prisoners purportedly for the collective safety and well-being …
The Third Wave's Break From Feminism,
2010
Elisabeth Haub School of Law at Pace University
The Third Wave's Break From Feminism, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a "third wave" of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident "second wave" of 1970's feminism. Goodbye frumpy sandals; hello sexy fishnets, according to third-wave feminism. Initially young women themselves (and now writers and scholars) embraced a pervasive wave metaphor to convey the belief that differences within feminism are generational. Youth crashes against (and ultimately overtakes) its elders. But rifts within feminism cannot be so neatly explained. The story is more …
Relocation Revisited: Sex Trafficking Of Native Women In The United States,
2010
Mitchell Hamline School of Law
Relocation Revisited: Sex Trafficking Of Native Women In The United States, Sarah Deer
Faculty Scholarship
The Trafficking Victim Protection Act of 2000 (TVPA) signaled a comprehensive campaign by the United States (US) government to address the scourge of human trafficking in the US and abroad. The US rhetoric about sex trafficking suggests that the problem originates in foreign countries and/or is recent problem. Neither claim is correct. This article details the historical and legal context of sex trafficking from its origin among the colonial predecessors of the US and documents the commercial trafficking of Native women over several centuries. Native women have experienced generations of enslavement, exploitation, exportation, and relocation. Human trafficking is not just …
The Sexual Assault Of Intoxicated Women,
2010
Allard School of Law at the University of British Columbia
The Sexual Assault Of Intoxicated Women, Janine Benedet
All Faculty Publications
This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing social understandings …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law,
2010
Allard School of Law at the University of British Columbia
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
A Little More Mascara: Response To Making Up Is Hard To Do,
2010
Elisabeth Haub School of Law at Pace University
A Little More Mascara: Response To Making Up Is Hard To Do, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Response to the exploration of the dynamics of race, gender, and sexual orientation in the law school classroom by Professors Adrienne Davis and Robert Chang.
Rethinking International Women's Human Rights Through Eve Sedgwick,
2010
Elisabeth Haub School of Law at Pace University
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire. My own work looks at how the state regulates gender in the “public” sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of universalist constitutionalism and equality. My current work, Unsex CEDAW: What's Wrong with Women's …
Discrimination Out Of Dismissiveness: The Example Of Infertility,
2010
Indiana University School of Law - Indianapolis
Discrimination Out Of Dismissiveness: The Example Of Infertility, David Orentlicher
Indiana Law Journal
In recent years, antidiscrimination theory and doctrine have rested heavily on the "anticaste" principle first invoked in Strauder v. West Virginia According to this principle, equal protection law and antidiscrimination statutes should eradicate public-and private-policies that subject some persons to ongoing stigma and subordination and therefore to second-class status in society. This Article argues that while a focus on stigma and subordination is important, it misses a key source of discrimination-the discriminationt hat arises from dismissiveness. Antidiscrimination law has recognized the need to overcome the discrimination that results from invidious bias, unfair stereotyping, irrational fear accumulated myths, or simple neglect.A …
